Section 33-24-05-610 - Applicability of used oil standardsThis section identifies those materials that are subject to regulation as used oil under sections 33-24-05-600 through 33-24-05-689. This section also identifies some materials that are not subject to regulation as used oil under sections 33-24-05-600 through 33-24-05-689, and indicates whether these materials may be subject to regulation as hazardous waste under 33-24.
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 33-24-05-611, the regulations of sections 33-24-05-600 through 33-24-05-689 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 33-24-02-10 through 33-24-02-14.2.Mixtures of used oil and hazardous waste.a. Listed hazardous waste. (1) Mixtures of used oil and hazardous waste that is listed in sections 33-24-02-15 through 33-24-02-19 are subject to regulation as hazardous waste under 33-24-01 through 33-24-04, 33-24-06 and 33-24-07, and sections 33-24-05-01 through 33-24-05-559, and 33-24-05-800 through 33-24-05-929, rather than as used oil under sections 33-24-05-600 through 33-24-05-689.(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 33-24-02-15 through 33-24-02-19. 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 33-24-02).(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 33-24-05-624, 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. b. Characteristic hazardous waste. Mixtures of used oil and hazardous waste that solely exhibit one or more of the hazardous waste characteristics identified in sections 33-24-02-10 through 33-24-02-14 and mixtures of used oil and hazardous waste that is listed in sections 33-24-02-15 through 33-24-02-19 solely because it exhibits one or more of the characteristics of hazardous waste identified in sections 33-24-02-10 through 33-24-02-14 are subject to: (1) Except as provided in paragraph 3, regulation as hazardous waste under 33-24-01 through 33-24-04, 33-24-06 and 33-24-07, and sections 33-24-05-01 through 33-24-05-559 and 33-24-05-800 through 33-24-05-929, rather than as used oil under sections 33-24-05-600 through 33-24-05-689, if the resultant mixture exhibits any characteristics of hazardous waste identified in sections 33-24-02-10 through 33-24-02-14; or (2) Except as specified in paragraph 3, regulation as used oil under sections 33-24-05-600 through 33-24-05-689, if the resultant mixture does not exhibit any characteristics of hazardous waste identified under sections 33-24-02-10 through 33-24-02-14.(3) Regulation as used oil under sections 33-24-05-600 through 33-24-05-689, if the mixture is of used oil and a waste which is hazardous solely because it exhibits the characteristic of ignitability, for example, ignitable-only mineral spirits, provided that the resultant mixture does not exhibit the characteristic of ignitability under section 33-24-02-11.c. Conditionally exempt small quantity generator hazardous waste. Mixtures of used oil and conditionally exempt small quantity generator hazardous waste regulated under section 33-24-02-05 are subject to regulation as used oil under sections 33-24-05-600 through 33-24-05-689.3.Materials containing or otherwise contaminated with used oil.a. Except as provided in subdivision b, materials containing or otherwise contaminated with used oil from which the used oil has been properly drained or removed to the extent possible such that no visible signs of free-flowing oil remain in or on the material:(1) Are not used oil and thus not subject to sections 33-24-05-600 through 33-24-05-689, and(2) If applicable are subject to the hazardous waste regulations of 33-24-01 through 33-24-04, 33-24-06 and 33-24-07, and sections 33-24-05-01 through 33-24-05-559 and 33-24-05-800 through 33-24-05-929.b. Materials containing or otherwise contaminated with used oil that are burned for energy recovery are subject to regulation as used oil under sections 33-24-05-600 through 33-24-05-689.c. Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil under sections 33-24-05-600 through 33-24-05-689.4.Mixtures of used oil with products.a. Except as provided in subdivision b, mixtures of used oil and fuels or other fuel products are subject to regulation as used oil under sections 33-24-05-600 through 33-24-05-689.b. Mixtures of used oil and diesel fuel mixed onsite by the generator of the used oil for use in the generator's own vehicles are not subject to sections 33-24-05-600 through 33-24-05-689 once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil is subject to the requirements of sections 33-24-05-620 through 33-24-05-629.5.Materials derived from used oil.a. Materials that are reclaimed from used oil that are used beneficially and are not burned for energy recovery or used in a manner constituting disposal (for example, re-refined lubricants) are: (1) Not used oil and thus are not subject to sections 33-24-05-600 through 33-24-05-689; and(2) Not solid wastes and are thus not subject to the hazardous waste regulations of 33-24-01 through 33-24-04, 33-24-06 and 33-24-07, and sections 33-24-05-01 through 33-24-05-559 and 33-24-05-800 through 33-24-05-929 as provided in paragraph a of subdivision b of subsection 3 of section 33-24-02-03.b. Materials produced from used oil that are burned for energy recovery (for example, used oil fuels) are subject to regulation as used oil under sections 33-24-05-600 through 33-24-05-689.c. Except as provided in subdivision d, materials derived from used oil that are disposed of or used in a manner constituting disposal are:(1) Not used oil and thus are not subject to sections 33-24-05-600 through 33-24-05-689; and(2) Are solid wastes and thus are subject to the hazardous waste regulations of 33-24-01 through 33-24-04, 33-24-06 and 33-24-07, and sections 33-24-05-01 through 33-24-05-559 and 33-24-05-800 through 33-24-05-929 if the materials are listed or identified as hazardous wastes.d. Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not subject to sections 33-24-05-600 through 33-24-05-689.6.Wastewater. Wastewater, the discharge of which is subject to regulation under either section 402 or section 307(b) of the Clean Water Act (including wastewaters at facilities which have eliminated the discharge of wastewater), contaminated with de minimis quantities of used oil are not subject to the requirements of sections 33-24-05-600 through 33-24-05-689. For purposes of this subsection, de minimis quantities of used oils are defined as small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations or small amounts of oil lost to the wastewater treatment system during washing or draining operations. This exception will not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases, or to used oil recovered from wastewaters.7.Used oil introduced into crude oil pipelines or a petroleum refining facility. a. Used oil mixed with crude oil or natural gas liquids (for example, in a production separator or crude oil stock tank) for insertion into a crude oil pipeline is exempt from the requirements of sections 33-24-05-600 through 33-24-05-689. The used oil is subject to the requirements of sections 33-24-05-600 through 33-24-05-689 prior to the mixing of used oil with crude oil or natural gas liquids.b. Mixtures of used oil and crude oil or natural gas liquids containing less than one percent used oil that are being stored or transported to a crude oil pipeline or petroleum refining facility for insertion in the refining process at a point prior to crude distillation or catalytic cracking are exempt from the requirements of sections 33-24-05-600 through 33-24-05-689.c. Used oil that is inserted into the petroleum refining facility process before crude distillation or catalytic cracking without prior mixing with crude oil is exempt from the requirements of sections 33-24-05-600 through 33-24-05-689 provided that the used oil constitutes less than one percent of the crude oil feed to any petroleum refining facility process unit at any given time. Prior to insertion in the petroleum refining facility process, the used oil is subject to the requirements of sections 33-24-05-600 through 33-24-05-689.d. Except as provided in subdivision e, used oil that is introduced into a petroleum refining facility process after crude distillation or catalytic cracking is exempt from the requirements of sections 33-24-05-600 through 33-24-05-689 only if the used oil meets the specification of section 33-24-05-611. Prior to insertion in the petroleum refining facility process, the used oil is subject to the requirements of sections 33-24-05-600 through 33-24-05-689.e. Used oil that is incidentally captured by a hydrocarbon recovery system or wastewater treatment system as part of routine process operations at a petroleum refining facility and inserted into the petroleum refining facility process is exempt from the requirements of sections 33-24-05-600 through 33-24-05-689. This exemption does not extend to used oil which is intentionally introduced into a hydrocarbon recovery system (for example, by pouring collected used oil into the wastewater treatment system).f. Tank bottoms from stock tanks containing exempt mixtures of used oil and crude oil or natural gas liquids are exempt from the requirements of sections 33-24-05-600 through 33-24-05-689.8.Used oil on vessels. Used oil produced on vessels from normal shipboard operations is not subject to sections 33-24-05-600 through 33-24-05-689 until it is transported ashore.9.Used oil containing polychlorinated biphenyls. Used oil containing polychlorinated biphenyls (as defined at 40 CFR 761.3 ) at any concentration less than fifty parts per million is subject to the requirements of sections 33-24-05-600 through 33-24-05-689 unless, because of dilution, it is regulated under 40 CFR part 761 as a used oil containing polychlorinated biphenyls at fifty parts per million or greater. Polychlorinated biphenyl-containing used oil subject to the requirements of sections 33-24-05-600 through 33-24-05-689 may also be subject to the prohibitions and requirements found at 40 CFR part 761, including section 761.20(d) and (e). Used oil containing polychlorinated biphenyls at concentrations of fifty parts per million or greater is not subject to the requirements of sections 33-24-05-600 through 33-24-05-689, but is subject to regulations under 40 CFR part 761. No person may avoid these provisions by diluting used oil containing polychlorinated biphenyls, unless otherwise specifically provided for in sections 33-24-05-600 through 33-24-05-689 or 40 CFR part 761.N.D. Admin Code 33-24-05-610
Effective January 1, 1994; amended effective 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