Section 33-24-05-600 - Definitions for the management of used oil Terms that are defined in sections 33-24-01-04, 33-24-02-01, and 33-24-08 have the same meanings when used in sections 33-24-05-600 through 33-24-05-689.
1. "Aboveground tank" means a tank used to store or process used oil that is not an underground storage tank as defined in 33-24-08. 2. "Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled. 3. "Do-it-yourselfer used oil collection center" means any site or facility that accepts or aggregates and stores used oil collected only from household do-it-yourselfers. 4. "Existing tank" means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced on or prior to the effective date of the authorized used oil program for the state in which the tank is located. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin installation of the tank and if either: a. A continuous onsite installation program has begun; or b. The owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for installation of the tank to be completed within a reasonable time. 5. "Household do-it-yourselfer used oil" means oil that is derived from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles. 6. "Household do-it-yourselfer used oil generator" means an individual who generates household do-it-yourselfer used oil. 7. "New tank" means a tank that will be used to store or process used oil and for which installation has commenced after the effective date of the authorized used oil program for the state in which the tank is located. 8. "Petroleum refining facility" means an establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants, through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking or other processes, for example, facilities classified as standard industrial code 2911. 9. "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 product. Processing includes, but is not limited to 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. 10. "Re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock. 11. "Tank" means any stationary device, designed to contain an accumulation of used oil which is constructed primarily of nonearthen materials, (for example, wood, concrete, steel, plastic) which provides structural support. 12. "Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. 13. "Used oil aggregation point" means any site or facility that accepts, aggregates, or stores, or any combination, 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. Used oil aggregation points may also accept used oil from household do-it-yourselfers. 14. "Used oil burner" means a facility where used oil not meeting the specification requirements in section 33-24-05-611 is burned for energy recovery in devices identified in subsection 1 of section 33-24-05-661. 15. "Used oil collection center" means any site or facility that is registered, licensed and permitted, and recognized by a state, county, or municipal government to manage used oil and 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 section 33-24-05-624. Used oil collection centers may also accept used oil from household do-it-yourselfers. 16. "Used oil fuel marketer" means any person who conducts either of the following activities: a. Directs a shipment of off-specification used oil from their facility to a used oil burner; or b. First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in section 33-24-05-611. 17. "Used oil generator" means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation. 18. "Used oil processor" means a facility that processes used oil and includes used oil re-refiners. 19. "Used oil transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas, and other areas where shipments of used oil are held for more than twenty-four hours and not longer than thirty-five days during the normal course of transportation or prior to an activity performed pursuant to subdivision b of subsection 2 of section 33-24-05-620. 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. 20. "Used oil transporter" means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (for example, settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel. N.D. Admin Code 33-24-05-600
Effective January 1, 1994; amended effective July 1, 1997; December 1, 2003.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04