Section 33-24-02-06 - Requirements for recyclable materials and universal waste1. 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 33-24-05-201 through 33-24-05-209, 33-24-05-230 through 33-24-05-249, 33-24-05-525 through 33-24-05-549, 33-24-05-820 through 33-24-05-929 and all applicable provisions in sections 33-24-05-250 through 33-24-05-299 and 33-24-06 and 33-24-07: (1) Recyclable materials used in a manner constituting disposal (sections 33-24-05-201 through 33-24-05-209).(2) Hazardous wastes burned (as defined in subsection 1 of section 33-24-05-525) in boilers and industrial furnaces that are not regulated under sections 33-24-05-144 through 33-24-05-151 (sections 33-24-05-525 through 33-24-05-549).(3) Recyclable materials from which precious metals are reclaimed (sections 33-24-05-230 through 33-4-05-234).(4) Spent lead-acid batteries that are being reclaimed (sections 33-24-05-235 through 33-24-05-249).c. The following recyclable materials are not subject to regulation under 33-24-03 through 33-24-07 and are not subject to notification requirements: (1) Industrial ethyl alcohol that is reclaimed except that, unless provided otherwise in an international agreement as specified in section 33-24-03-25: (a) A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in section 33-24-03-20, subdivisions a through d and f of subsection 1 and subsection 2 of section 33-24-03-23, and section 33-24-03-24, export such materials only upon consent of the receiving country and in conformance with the environmental protection agency acknowledgment of consent as defined in sections 33-24-03-17 through 33-24-03-25, and provide a copy of the environmental protection agency acknowledgment of consent to the shipment to the transporter transporting the shipment for export.(b) Transporters transporting a shipment for export may not accept a shipment if the transporter knows the shipment does not conform to the environmental protection agency acknowledgment of consent, shall ensure that a copy of the environmental protection agency acknowledgment of consent accompanies the shipment, and shall ensure that it is delivered to the facility designated by the person initiating the shipment.(2) Scrap metal that is not excluded under subdivision m of subsection 1 of section 33-24-02-04.(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 33-24-02-04).(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 33-24-05-611 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 33-24-05-611; 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 33-24-05-611.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 33-24-01 through 33-24-04, and sections 33-24-05-01 through 33-24-05-559, 33-24-05-800 through 33-24-05-1149, and subsection 5 of section 33-24-06-16, but is regulated under sections 33-24-05-600 through 33-24-05-689. 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 to or imported from designated member countries of the organization for economic cooperation and development (as defined in subdivision a of subsection 1 of section 33-24-03-25) for purpose of recovery is subject to the requirements of sections 33-24-03-50 through 33-24-03-59, if it is subject to either the manifesting requirements of 33-24-03 or to the universal waste requirements of sections 33-24-05-700 through 33-24-05-799.2. Generators and transporters of recyclable materials are subject to the applicable requirements of 33-24-03 and 33-24-04 and the notification requirements, except as provided in subsection 1.3. Owners or operators of facilities that: a. Store recyclable materials before they are recycled are regulated under all applicable provisions of sections 33-24-05-01 through 33-24-05-143, sections 33-24-05-191 through 33-24-05-299, sections 33-24-05-400 through 33-24-05-474, 33-24-05-525 through 33-24-05-549, sections 33-24-05-820 through 33-24-05-1149, and 33-24-06 and 33-24-07 and the notification requirements, under section 33-24-03-03, except as provided in subsection 1. The recycling process itself is exempt from regulation except as provided in subsection 4 of section 33-24-02-06. b. Recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in subsection 1: (1) Notification requirements;(2) Sections 33-24-05-38 and 33-24-05-39 (dealing with the use of the manifest and manifest discrepancies); and(3) Subsection 4 of section 33-24-02-06.4. Owners or operators of facilities subject to the hazardous waste permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of sections 33-24-05-400 through 33-24-05-449, subsection 5 of section 33-24-06-16, or sections 33-24-05-950 through 33-24-05-1149.5. The wastes listed in this subsection are exempt from regulation under 33-24-03 through 33-24-06 except as specified in sections 33-24-05-700 through 33-24-05-799 and, therefore are not fully regulated as hazardous waste. The wastes listed in this subsection are subject to regulation under sections 33-24-05-700 through 33-24-05-799: a. Batteries as described in section 33-24-05-702;b. Pesticides as described in section 33-24-05-703;c. Mercury-containing equipment as described in section 33-24-05-704; andd. Lamps as described in 33-24-05-705.N.D. Admin Code 33-24-02-06
Effective January 1, 1984; amended effective October 1, 1986; December 1, 1988; December 1, 1991; January 1, 1994; July 1, 1997; December 1, 2003.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04