North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 33.1-24-02-06 - Requirements for recyclable materials and universal waste

Current through Supplement No. 393, July, 2024
1. The following requirements for recyclable
				materials are:
a. Hazardous wastes that are
				recycled are subject to the requirements for generators, transporters, and
				storage facilities of subsections 2 and 3, except for the materials listed in
				subdivisions b and c. Hazardous wastes that are recycled will be known as
				"recyclable materials".
b. The
				following recyclable materials are not subject to the requirements of this
				section but are regulated under sections 33.1-24-05-201 through 33.1-24-05-209,
				33.1-24-05-230 through 33.1-24-05-249, 33.1-24-05-525 through 33.1-24-05-549,
				33.1-24-05-820 through 33.1-24-05-929 and all applicable provisions in sections
				33.1-24-05-250 through 33.1-24-05-299 and chapters 33.1-24-06 and 33.1-24-07:
(1) Recyclable materials used in a manner
				constituting disposal (sections 33.1-24-05-201 through
				33.1-24-05-209).
(2) Hazardous
				wastes burned (as defined in subsection 1 of section 33.1-24-05-525) in boilers
				and industrial furnaces that are not regulated under sections 33.1-24-05-144
				through 33.1-24-05-151 (sections 33.1-24-05-525 through
				33.1-24-05-549).
(3) Recyclable
				materials from which precious metals are reclaimed (sections 33.1-24-05-230
				through 33.1-4-05-234).
(4) Spent
				lead-acid batteries that are being reclaimed (sections 33.1-24-05-235 through
				33.1-24-05-249).
c. The
				following recyclable materials are not subject to regulation under chapters
				33.1-24-03 through 33.1-24-07 and are not subject to notification requirements:
(1) Industrial ethyl alcohol that is
				reclaimed except that exports and imports of such recyclable materials must
				comply with the requirements of sections 33.1-24-03-50 through 33.1-24-03-55.
(2) Scrap metal that is not
				excluded under subdivision m of subsection 1 of section
				33.1-24-02-04.
(3) Fuels produced
				from the refining of oil-bearing hazardous wastes along with normal process
				streams at a petroleum refining facility, if such wastes result from normal
				petroleum refining, production, and transportation practices (this exemption
				does not apply to fuels produced from oil recovered from oil-bearing hazardous
				waste, when such recovered oil is already excluded under subdivision l of
				subsection 1 of section 33.1-24-02-04).
(4) Subdivision c also applies to the
				following:
(a) Hazardous waste fuel produced
				from oil-bearing hazardous wastes from petroleum refining, production, or
				transportation practices, or produced from oil reclaimed from such hazardous
				wastes, when such hazardous wastes are reintroduced into a process that does
				not use distillation or does not produce products from crude oil so long as the
				resulting fuel meets the used oil specification under section 33.1-24-05-611
				and so long as no other hazardous wastes are used to produce the hazardous
				waste fuel;
(b) Hazardous waste
				fuel produced from oil-bearing hazardous waste from petroleum refining,
				production, and transportation practices, when such hazardous wastes are
				reintroduced into a refining process after a point in which contaminates are
				removed, so long as the fuel meets the used oil fuel specification under
				section 33.1-24-05-611; and
(c) Oil
				reclaimed from oil-bearing hazardous wastes from petroleum refining,
				production, and transportation practices, which reclaimed oil is burned as a
				fuel without reintroduction to a refining process, so long as the reclaimed oil
				meets the used oil fuel specification under section 33.1-24-05-611.
d. Used oil that is
				recycled and is also a hazardous waste solely because it exhibits a hazardous
				characteristic is not subject to the requirements of chapters 33.1-24-01
				through 33.1-24-04, and sections 33.1-24-05-01 through 33.1-24-05-559,
				33.1-24-05-800 through 33.1-24-05-1149, and subsection 5 of section
				33.1-24-06-16, but is regulated under sections 33.1-24-05-600 through
				33.1-24-05-689. Used oil that is recycled includes any used oil which is
				reused, following its original use, for any purpose (including the purpose for
				which the oil was originally used). Such term includes oil which is re-refined,
				reclaimed, burned for energy recovery, or reprocessed.
e. Hazardous waste that is exported or
				imported for the purpose of recovery is subject to the requirements of sections
				33.1-24-03-50 through 33.1-24-03-59.