North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-610 - Applicability of used oil standards

Current through Supplement No. 393, July, 2024
This section identifies those materials that are subject to
					 regulation as used oil under sections
					 33.1-24-05-600
					 through
					 33.1-24-05-689. This
					 section also identifies some materials that are not subject to regulation as
					 used oil under sections
					 33.1-24-05-600
					 through
					 33.1-24-05-689, and
					 indicates whether these materials may be subject to regulation as hazardous
					 waste under
					 33.1-24.
1.
Used oil.
The department
				  presumes that used oil is to be recycled unless a used oil handler disposes of
				  used oil or sends used oil for disposal. Except as provided in section
				  33.1-24-05-611,
				  the regulations of sections
				  33.1-24-05-600
				  through
				  33.1-24-05-689 apply to
				  used oil, and to materials identified in this section as being subject to
				  regulation as used oil, whether or not the used oil or material exhibits any
				  characteristics of hazardous waste identified in sections
				  33.1-24-02-10
				  through
				  33.1-24-02-14.
2.
Mixtures of used oil and hazardous
				  waste.
a. Listed hazardous waste.
(1) Mixtures of used oil and hazardous waste
				  that is listed in sections
				  33.1-24-02-15
				  through
				  33.1-24-02-19
				  are subject to regulation as hazardous waste under
				  33.1-24-01 through
				  33.1-24-04,
				  33.1-24-06 and
				  33.1-24-07, and sections
				  33.1-24-05-01
				  through
				  33.1-24-05-559, and
				  33.1-24-05-800
				  through
				  33.1-24-05-929, rather
				  than as used oil under sections
				  33.1-24-05-600
				  through
				  33.1-24-05-689.
(2) Rebuttable presumption for used oil. Used
				  oil containing greater than or equal to one thousand parts per million total
				  halogens is presumed to be a hazardous waste because it has been mixed with
				  halogenated hazardous waste listed in sections
				  33.1-24-02-15
				  through
				  33.1-24-02-19.
				  Persons may rebut this presumption by demonstrating that the used oil does not
				  contain hazardous waste (for example, by showing that the used oil does not
				  contain significant concentrations of halogenated hazardous constituents listed
				  in appendix V of
				  33.1-24-02).
(a) The rebuttable presumption does not apply
				  to metalworking oils or fluids containing chlorinated paraffins, if they are
				  processed, through a tolling arrangement as described in subsection 3 of
				  section
				  33.1-24-05-624,
				  to reclaim metalworking oils or fluids. The presumption does apply to
				  metalworking oils or fluids if such oils or fluids are recycled in any other
				  manner, or disposed.
(b) The
				  rebuttable presumption does not apply to used oils contaminated with
				  chlorofluorocarbons removed from refrigeration units where the
				  chlorofluorocarbons are destined for reclamation. The rebuttable presumption
				  does apply to used oils contaminated with chlorofluorocarbons that have been
				  mixed with used oil from sources other than refrigeration
				  units.