reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-607 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-608 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-609 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-611 - Used oil specifications

Current through Supplement No. 393, July, 2024
Used oil burned for energy recovery, and any fuel produced
					 from used oil by processing, blending, or other treatment, is subject to
					 regulation under sections
					 33-24-05-600 through 33-24-05-689
					 unless it is shown not to exceed any of the allowable levels of the
					 constituents and properties shown in table 1. Once used oil that is to be
					 burned for energy recovery has been shown not to exceed any allowable level and
					 the person making that showing complies with sections
					 33-24-05-672,
					 33-24-05-673, and subsection 2 of
					 section 33-24-05-674, the used oil is no
					 longer subject to sections
					 33-24-05-600 through
					 33-24-05-689.
Table 1. Used Oil Not Exceeding Any Allowable Level
					 Shown Below Is Not Subject to Sections
					 33-24-05-600 Through 33-24-05-689
					 When Burned for Energy Recovery1
Constituent/Property
Allowable Level
Arsenic
5 ppm maximum.
Cadmium
2 ppm maximum.
Chromium
10 ppm maximum.
Lead
100 ppm maximum.
Flash Point
100 ºF minimum.
Total Halogens
4,000 ppm maximum.2
Note: Applicable standards for the burning of used oil
					 containing polychlorinated biphenyls are imposed by
					 40 CFR
					 761.20(e).
FOOTNOTE: 
					 1The allowable levels do not apply
					 to mixtures of used oil and hazardous waste that continue to be regulated as
					 hazardous waste (see subsection 2 of section
					 33-24-05-610).
FOOTNOTE: 
					 2Used oil containing greater than or
					 equal to one thousand parts per million total halogens is presumed to be a
					 hazardous waste under the rebuttable presumption provided under subdivision a
					 of subsection 2 of section
					 33-24-05-610. Such used oil is
					 subject to sections
					 33-24-05-525 through 33-24-05-549
					 rather than sections
					 33-24-05-600 through 33-24-05-689
					 when burned for energy recovery unless the presumption of mixing can be
					 successfully rebutted.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-612 - Prohibitions

Current through Supplement No. 393, July, 2024
1.
Surface impoundment prohibition.
Used oil shall not be managed in surface impoundments or waste piles
				  unless the units are subject to regulation under sections
				  33-24-05-01 through 33-24-05-190,
				  33-24-05-300 through 33-24-05-524,
				  33-24-05-550 through 33-24-05-559,
				  33-24-05-800 through 33-24-05-819,
				  or the applicable requirements of subsection 5 of section
				  33-24-06-16.
2.
Use as a dust suppressant.
The use of used oil as a dust suppressant is prohibited.
3.
Burning in particular units.
Off-specification used oil fuel may be burned for energy recovery in
				  only the following devices:
a. Industrial
				  furnaces identified in section
				  33-24-01-04;
b. Boilers, as defined in section
				  33-24-01-04, that are identified
				  as follows:
(1) Industrial boilers located on
				  the site of a facility engaged in a manufacturing process where substances are
				  transformed into new products, including the component parts of products, by
				  mechanical or chemical processes;
(2) Utility boilers used to produce electric
				  power, steam, heated or cooled air, or other gases or fluids for sale;
				  or
(3) Used oil-fired space heaters
				  provided that the burner meets the provisions of section
				  33-24-05-623.
c. Hazardous waste incinerators subject to
				  regulation under sections
				  33-24-05-144 through 33-24-05-159
				  or the applicable requirements of subsection 5 of section
				  33-24-06-16.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-613 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-614 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-615 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-616 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-617 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-618 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-619 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-620 - Applicability of standards for used oil generators

Current through Supplement No. 393, July, 2024
1.
General.
Except as provided
				  in subdivisions a through d, sections
				  33-24-05-620 through 33-24-05-629
				  applies to all used oil generators. A used oil generator is any person, by
				  site, whose act or process produces used oil or whose act first causes used oil
				  to become subject to regulation.
a. Household
				  do-it-yourselfer used oil generators. Household do-it-yourselfer used oil
				  generators are not subject to regulation under sections
				  33-24-05-620 through
				  33-24-05-629.
b. Vessels. Vessels
				  at sea or at port are not subject to sections
				  33-24-05-620 through 33-24-05-629.
				  For purposes of sections
				  33-24-05-620 through 33-24-05-629,
				  used oil produced on vessels from normal shipboard operations is considered to
				  be generated at the time it is transported ashore. The owner or operator of the
				  vessel and the persons removing or accepting used oil from the vessel are
				  co-generators of the used oil and are both responsible for managing the waste
				  in compliance with sections
				  33-24-05-620 through 33-24-05-629
				  once the used oil is transported ashore. The co-generators may decide among
				  them which party will fulfill the requirements of sections
				  33-24-05-620 through
				  33-24-05-629.
c. Diesel fuel.
				  Mixtures of used oil and diesel fuel mixed by the generator of the used oil for
				  use in the generator's own vehicles are not subject to sections
				  33-24-05-660 through 33-24-05-689
				  once the used oil and diesel fuel have been mixed. Prior to mixing, the used
				  oil fuel is subject to the requirements of sections
				  33-24-05-620 through
				  33-24-05-629.
d. Farmers. Farmers
				  who generate an average of twenty-five gallons [94.64 liters] per month or less
				  of used oil from vehicles or machinery used on the farm in a calendar year are
				  not subject to the requirements of sections
				  33-24-05-600 through
				  33-24-05-689.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-621 - Hazardous waste mixing

Current through Supplement No. 393, July, 2024
1. Mixtures
				  of used oil and hazardous waste must be managed in accordance with subsection 2
				  of section
				  33-24-05-610.
2. The rebuttable presumption for used oil of
				  paragraph 2 of subdivision a of subsection 2 of section
				  33-24-05-610 applies to used oil
				  managed by generators. Under the rebuttable presumption for used oil of
				  paragraph 2 of subdivision a of subsection 2 of section
				  33-24-05-610, used oil containing
				  greater than or equal to one thousand parts per million total halogens is
				  presumed to be a hazardous waste and thus must be managed as hazardous waste
				  and not as used oil unless the presumption is rebutted. However, the rebuttable
				  presumption does not apply to certain metalworking oils or fluids and certain
				  used oils removed from refrigeration units.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-622 - Used oil storage

Current through Supplement No. 393, July, 2024
Used oil generators are subject to all applicable spill
					 prevention, control, and countermeasures [40 CFR part 112] in addition to the
					 requirements of sections
					 33-24-05-620 through 33-24-05-629.
					 Used oil generators are also subject to the underground storage tank (
					 33-24-08) standards for used oil stored in underground tanks whether or not the
					 used oil exhibits any characteristics of hazardous waste, in addition to the
					 requirements of sections
					 33-24-05-620 through
					 33-24-05-629.
1.
Storage units.
Used oil generators shall not store used oil in units other than tanks,
				  containers, or units subject to regulation under sections
				  33-24-05-01 through 33-24-05-190,
				  33-24-05-300 through 33-24-05-524,
				  33-24-05-550 through 33-24-05-559,
				  33-24-05-800 through 33-24-05-819,
				  or the applicable requirements of subsection 5 of section
				  33-24-06-16.
2.
Condition of units.
Containers and aboveground tanks used to store used oil at generator
				  facilities must be:
a. In good condition (no
				  severe rusting, apparent structural defects, or deterioration); and
b. Not leaking (no visible leaks).
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-623 - Onsite burning in space heaters

Current through Supplement No. 393, July, 2024
Generators may burn used oil in used oil-fired space
					 heaters provided that:
1. The heater
				  burns only used oil that the owner or operator generates or used oil received
				  from household do-it-yourselfer used oil generators;
2. The heater is designed to have a maximum
				  capacity of not more than 0.5 million British thermal units per hour; and
3. The combustion gases from the
				  heater are vented to the ambient air.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-624 - Offsite shipments

Current through Supplement No. 393, July, 2024
Except as provided in subsections 1 through 3, generators
					 must ensure that their used oil is transported only by transporters who have
					 obtained identification numbers.
1.
Self-transportation of small amounts to approved collection centers.
Generators may transport, without an identification number, used oil
				  that is generated at the generator's site and used oil collected from household
				  do-it-yourselfers to a used oil collection center provided that:
a. The generator transports the used oil in a
				  vehicle owned by the generator or owned by an employee of the generator;
b. The generator transports no
				  more than fifty-five gallons [208.20 liters] of used oil at any time; and
c. The generator transports the
				  used oil to a used oil collection center that is registered, licensed,
				  permitted, or recognized by a state, county, and municipal government to manage
				  used oil.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-625 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-626 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-627 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-628 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-629 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-630 - Do-it-yourselfer used oil collection centers

Current through Supplement No. 393, July, 2024
1.
Applicability.
This section
				  applies to owners or operators of all do-it-yourselfer used oil collection
				  centers. A do-it-yourselfer used oil collection center is any site or facility
				  that accepts, aggregates, and stores used oil collected only from household
				  do-it-yourselfers.
2.
Do-it-yourselfer used oil collection center requirements.
Owners
				  or operators of all do-it-yourselfer used oil collection centers must comply
				  with the generator standards in sections
				  33-24-05-620 through 33-24-05-629.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-631 - Used oil collection centers

Current through Supplement No. 393, July, 2024
1.
Applicability.
This section applies to owners or operators of used
				  oil collection centers. A used oil collection center is any site or facility
				  that accepts, aggregates, and stores used oil collected from used oil
				  generators regulated under sections
				  33-24-05-620 through 33-24-05-629
				  who bring used oil to the collection center in shipments of no more than
				  fifty-five gallons [208.20 liters] under the provisions of subsection 1 of
				  section 33-24-05-624. Used oil collection
				  centers may also accept used oil from household do-it-yourselfers.
2.
Used oil collection center
				  requirements.
Owners or operators of all used oil collection centers
				  must:
a. Comply with the generator standards
				  in sections
				  33-24-05-620 through 33-24-05-629;
				  and
b. Be registered, licensed,
				  permitted, and recognized by a state, county, and municipal government to
				  manage used oil.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-632 - Used oil aggregation points owned by the generator

Current through Supplement No. 393, July, 2024
1.
Applicability.
This section
				  applies to owners or operators of all used oil aggregation points. A used oil
				  aggregation point is any site or facility that accepts, aggregates, or stores
				  used oil collected only from other used oil generation sites owned or operated
				  by the owner or operator of the aggregation point, from which used oil is
				  transported to the aggregation point in shipments of no more than fifty-five
				  gallons [208.20 liters] under the provisions of subsection 2 of section
				  33-24-05-624. Used oil aggregation
				  points may also accept used oil from household do-it-yourselfers.
2.
Used oil aggregation point
				  requirements.
Owners or operators of all used oil aggregation points
				  must comply with the generator standards in sections
				  33-24-05-620 through 33-24-05-629.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-633 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-634 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-635 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-636 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-637 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-638 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-639 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-640 - Applicability of standards for used oil transporters and transfer facilities

Current through Supplement No. 393, July, 2024
1.
General
. Except as provided
				  in subdivisions a through d, sections
				  33-24-05-640 through 33-24-05-649
				  apply to all used oil transporters. Used oil transporters are persons who
				  transport used oil, persons who collect used oil from more than one generator
				  and transport the collected oil, and owners and operators of used oil transfer
				  facilities.
a. Sections
				  33-24-05-640 through 33-24-05-649
				  do not apply to onsite transportation.
b. Sections
				  33-24-05-640 through 33-24-05-649
				  do not apply to generators who transport shipments of used oil totaling
				  fifty-five gallons [208.20 liters] or less from the generator to a used oil
				  collection center as specified in subsection 1 of section
				  33-24-05-624.
c. Sections
				  33-24-05-640 through 33-24-05-649
				  do not apply to generators who transport shipments of used oil totaling
				  fifty-five gallons [208.20 liters] or less from the generator to a used oil
				  aggregation point owned or operated by the same generator as specified in
				  subsection 2 of section
				  33-24-05-624.
d. Sections
				  33-24-05-640 through 33-24-05-649
				  do not apply to transportation of used oil from household do-it-yourselfers to
				  a regulated used oil generator, collection center, aggregation point,
				  processor, or burner subject to the requirements of sections
				  33-24-05-600 through 33-24-05-689.
				  Except as provided in subdivisions a through c, sections
				  33-24-05-640 through 33-24-05-649
				  do, however, apply to transportation of collected household do-it-yourselfer
				  used oil from regulated used oil generators, collection centers, aggregation
				  points, or other facilities where household do-it-yourselfer used oil is
				  collected.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-641 - Restrictions on transporters who are not also processors

Current through Supplement No. 393, July, 2024
1. Used oil transporters may consolidate or
				  aggregate loads of used oil for purposes of transportation. However, except as
				  provided in subsection 2, used oil transporters may not process used oil unless
				  they also comply with the requirements for processors in sections
				  33-24-05-650 through
				  33-24-05-659.
2. Transporters may conduct incidental
				  processing operations that occur in the normal course of used oil
				  transportation (e.g., settling and water separation), but that are not designed
				  to produce (or make more amenable for production of) used oil derived products
				  unless they also comply with the processor requirements in sections
				  33-24-05-650 through
				  33-24-05-659.
3. Transporters of used oil that is removed
				  from oil bearing electrical transformers and turbines and filtered by the
				  transporter or at a transfer facility prior to being returned to its original
				  use are not subject to the processor requirements of sections
				  33-24-05-650 through
				  33-24-05-659.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-642 - Notification

Current through Supplement No. 393, July, 2024
1.
Identification numbers.
Used
				  oil transporters who have not previously complied with the notification
				  requirements of section
				  33-24-03-03 must comply with these
				  requirements and obtain an identification number.
2.
Mechanics of notification.
A
				  used oil transporter who has not received an identification number may obtain
				  one by notifying the department of their used oil activity by submitting
				  either:
a. A completed notification of
				  regulated waste activity form (environmental protection agency form 8700-12, or
				  equivalent state form); or
b. A
				  letter requesting an identification number.
The letter should include the following information:
(1) Transporter company name;
(2) Owner of the transporter
				  company;
(3) Mailing address for
				  the transporter;
(4) Name and
				  telephone number for the transporter point of contact;
(5) Type of transport activity (for example,
				  transport only, transport and transfer facility, transfer facility
				  only);
(6) Location of all transfer
				  facilities at which used oil is stored; and
(7) Name and telephone number for a contact
				  at each transfer facility.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-643 - Used oil transportation

Current through Supplement No. 393, July, 2024
1.
Deliveries.
A used oil transporter shall deliver all used oil
				  received to:
a. Another used oil transporter,
				  provided that the transporter has obtained an identification number;
b. A used oil processing facility who has
				  obtained an identification number;
c. An off-specification used oil burner
				  facility who has obtained an identification number; or
d. An on-specification used oil burner
				  facility.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-644 - Rebuttable presumption for used oil

Current through Supplement No. 393, July, 2024
1.
				  To ensure that used oil is not a hazardous waste under the rebuttable
				  presumption of paragraph 2 of subdivision a of subsection 2 of section
				  33-24-05-610, the used oil
				  transporter shall determine whether the total halogen content of used oil being
				  transported or stored at a transfer facility is above or below one thousand
				  parts per million.
2. The
				  transporter shall make this determination by:
a. Testing the used oil; or
b. Applying knowledge of the halogen content
				  of the used oil in light of the materials or processes used.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-645 - Used oil storage at transfer facilities

Current through Supplement No. 393, July, 2024
Used oil transporters are subject to all applicable spill
					 prevention, control, and countermeasures [40 CFR part 112] in addition to the
					 requirements of sections
					 33-24-05-640 through 33-24-05-649.
					 Used oil transporters are also subject to the underground storage tank (
					 33-24-08) standards for used oil stored in underground tanks whether or not the
					 used oil exhibits any characteristics of hazardous waste, in addition to the
					 requirements of sections
					 33-24-05-640 through
					 33-24-05-649.
1.
Applicability.
This section applies to used oil transfer facilities. Used oil transfer
				  facilities are transportation-related facilities including loading docks,
				  parking areas, storage areas, and other areas where shipments of used oil are
				  held for more than twenty-four hours during the normal course of transportation
				  and not longer than thirty-five days. Transfer facilities that store used oil
				  for more than thirty-five days are subject to regulation under sections
				  33-24-05-650 through
				  33-24-05-659.
2.
Storage units.
Owners or
				  operators of used oil transfer facilities may not store used oil in units other
				  than tanks, containers, or units subject to regulation under sections
				  33-24-05-01 through 33-24-05-190,
				  sections 33-24-05-300 through 33-24-05-524,
				  33-24-05-550 through 33-24-05-559,
				  33-24-05-800 through 33-24-05-819,
				  or the applicable requirements of subsection 5 of section
				  33-24-06-16.
3.
Condition of units.
Containers and aboveground tanks used to store used oil at transfer
				  facilities must be:
a. In good condition (no
				  severe rusting, apparent structural defects, or deterioration); and
b. Not leaking (no visible leaks).
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-646 - Tracking

Current through Supplement No. 393, July, 2024
1.
Acceptance.
Used oil
				  transporters must keep a record of each used oil shipment accepted for
				  transport. Records for each shipment must include:
a. The name and address of the generator,
				  transporter, or processor who provided the used oil for transport;
b. The identification number (if applicable)
				  of the generator, transporter, or processor who provided the used oil for
				  transport;
c. The quantity of used
				  oil accepted;
d. The date of
				  acceptance; and
e. The signature,
				  dated upon receipt of the used oil, of a representative of the generator,
				  transporter, or processor who provided the used oil for transport.
f. Intermediate rail transporters are not
				  required to sign the record of acceptance to comply with subdivision e.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-647 - Management of residues

Current through Supplement No. 393, July, 2024
Transporters who generate residues from the storage or
					 transport of used oil must manage the residues as specified in subsection 5 of
					 section 33-24-05-610.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-648 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-649 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-650 - Applicability of standards for used oil processors

Current through Supplement No. 393, July, 2024
1. The requirements of sections
				  33-24-05-650 through
				  33-24-05-659 apply to owners and
				  operators of facilities that process used oil. Processing means chemical or
				  physical operations designed to produce from used oil, or to make used oil more
				  amenable for production of, fuel oils, lubricants, or other used oil-derived
				  products. Processing includes: blending used oil with virgin petroleum
				  products, blending used oils to meet the fuel specification, filtration, simple
				  distillation, chemical or physical separation, and re-refining. The
				  requirements of sections
				  33-24-05-650 through
				  33-24-05-659 do not apply to:
a. Transporters who conduct incidental
				  processing operations that occur during the normal course of transportation as
				  provided in section
				  33-24-05-641; or
b. Burners who conduct incidental processing
				  operations that occur during the normal course of used oil management prior to
				  burning as provided in subsection 2 of section
				  33-24-05-661.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-651 - Notification

Current through Supplement No. 393, July, 2024
1.
Identification numbers.
Used
				  oil processors who have not previously complied with the notification
				  requirements of section
				  33-24-03-03 must comply with these
				  requirements and obtain an identification number.
2.
Mechanics of notification.
A
				  used oil processor who has not received an identification number may obtain one
				  by notifying the department of their used oil activity by submitting either:
a. A completed notification of regulated
				  waste activity form (environmental protection agency form 8700-12, or
				  equivalent state form); or
b. A
				  letter requesting an identification number.
The letter should include the following information:
(1) Processor company name;
(2) Owner of the processor company;
(3) Mailing address for the
				  processor;
(4) Name and telephone
				  number for the processor point of contact;
(5) Type of used oil activity; and
(6) Location of the processor
				  facility.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-653 - Rebuttable presumption for used oil

Current through Supplement No. 393, July, 2024
1.
				  To ensure that used oil managed at a processing facility is not hazardous waste
				  under the rebuttable presumption of paragraph 2 of subdivision a of subsection
				  2 of section
				  33-24-05-610, the owner or
				  operator of a used oil processing facility must determine whether the total
				  halogen content of used oil managed at the facility is above or below one
				  thousand parts per million.
2. The
				  owner or operator must make this determination by:
a. Testing the used oil; or
b. Applying knowledge of the halogen content
				  of the used oil in light of the materials or processes used.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-654 - Used oil management

Current through Supplement No. 393, July, 2024
Used oil processors are subject to all applicable spill
					 prevention, control, and countermeasures [40 CFR part 112] in addition to the
					 requirements of sections
					 33-24-05-650 through
					 33-24-05-659. Used oil processors
					 are also subject to the underground storage tank ( 33-24-08) standards for used
					 oil stored in underground tanks whether or not the used oil exhibits any
					 characteristics of hazardous waste, in addition to the requirements of sections
					 33-24-05-650 through
					 33-24-05-659.
1.
Management units.
Used oil
				  processors may not store used oil in units other than tanks, containers, or
				  units subject to regulation under sections
				  33-24-05-01 through 33-24-05-190,
				  33-24-05-300 through 33-24-05-524,
				  33-24-05-550 through 33-24-05-559,
				  33-24-05-800 through 33-24-05-819,
				  or the applicable requirements of subsection 5 of section
				  33-24-06-16.
2.
Condition of units.
Containers and aboveground tanks used to store or process used oil at
				  processing facilities must be:
a. In good
				  condition (no severe rusting, apparent structural defects, or deterioration);
				  and
b. Not leaking (no visible
				  leaks).
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-655 - Analysis plan

Current through Supplement No. 393, July, 2024
Owners or operators of used oil processing facilities must
					 develop and follow a written analysis plan describing the procedures that will
					 be used to comply with the analysis requirements of section
					 33-24-05-653 and, if applicable,
					 section 33-24-05-672. The owner or
					 operator must keep the plan at the facility.
1. Rebuttable presumption for used oil in
				  section 33-24-05-653. At a minimum, the
				  plan must specify the following:
a. Whether
				  sample analyses or knowledge of the halogen content of the used oil will be
				  used to make this determination.
b. If sample analyses are used to make this
				  determination:
(1) The sampling method used
				  to obtain representative samples to be analyzed. A representative sample may be
				  obtained using either:
(a) One of the
				  sampling methods in appendix I of 33-24-02; or
(b) A method shown to be equivalent under
				  sections 33-24-01-06 and
				  33-24-01-07;
(2) The frequency of sampling to be
				  performed, and whether the analysis will be performed onsite or offsite; and
(3) The methods used to analyze
				  used oil for the parameters specified in section
				  33-24-05-653; and
c. The type of information that
				  will be used to determine the halogen content of the used oil.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-656 - Tracking

Current through Supplement No. 393, July, 2024
1.
Acceptance.
Used oil
				  processors must keep a record of each used oil shipment accepted for
				  processing. These records may take the form of a log, invoice, manifest, bill
				  of lading, or other shipping documents. Records for each shipment must include
				  the following information:
a. The name and
				  address of the transporter who delivered the used oil to the processor;
b. The name and address of the
				  generator or processor from whom the used oil was sent for processing;
c. The identification number of
				  the transporter who delivered the used oil to the processor;
d. The identification number (if applicable)
				  of the generator or processor from whom the used oil was sent for processing;
e. The quantity of used oil
				  accepted; and
f. The date of
				  acceptance.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-657 - Operating record and reporting

Current through Supplement No. 393, July, 2024
1.
Operating record.
a. The owner
				  or operator must keep a written operating record at the facility.
b. The following information must be
				  recorded, as it becomes available, and maintained in the operating record until
				  closure of the facility;
(1) Records and
				  results of used oil analyses performed as described in the analysis plan
				  required under section
				  33-24-05-655; and
(2) Summary reports and details of all
				  incidents that require implementation of the contingency plan as specified in
				  subsection 2 of section
				  33-24-05-652.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-658 - Offsite shipments of used oil

Current through Supplement No. 393, July, 2024
Used oil processors who initiate shipments of used oil
					 offsite must ship the used oil using a used oil transporter who has obtained an
					 identification number.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04