N.D. Admin. Code 33-24-05-611
Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is subject to regulation under sections 33-24-05-600 through 33-24-05-689 unless it is shown not to exceed any of the allowable levels of the constituents and properties shown in table 1. Once used oil that is to be burned for energy recovery has been shown not to exceed any allowable level and the person making that showing complies with sections 33-24-05-672, 33-24-05-673, and subsection 2 of section 33-24-05-674, the used oil is no longer subject to sections 33-24-05-600 through 33-24-05-689.
Table 1. Used Oil Not Exceeding Any Allowable Level Shown Below Is Not Subject to Sections 33-24-05-600 Through 33-24-05-689 When Burned for Energy Recovery1
| Constituent/Property | Allowable Level |
| Arsenic | 5 ppm maximum. |
| Cadmium | 2 ppm maximum. |
| Chromium | 10 ppm maximum. |
| Lead | 100 ppm maximum. |
| Flash Point | 100 ºF minimum. |
| Total Halogens | 4,000 ppm maximum.2 |
Note: Applicable standards for the burning of used oil containing polychlorinated biphenyls are imposed by 40 CFR 761.20(e).
FOOTNOTE: 1The allowable levels do not apply to mixtures of used oil and hazardous waste that continue to be regulated as hazardous waste (see subsection 2 of section 33-24-05-610).
FOOTNOTE: 2Used oil containing greater than or equal to one thousand parts per million total halogens is presumed to be a hazardous waste under the rebuttable presumption provided under subdivision a of subsection 2 of section 33-24-05-610. Such used oil is subject to sections 33-24-05-525 through 33-24-05-549 rather than sections 33-24-05-600 through 33-24-05-689 when burned for energy recovery unless the presumption of mixing can be successfully rebutted.
N.D. Admin Code 33-24-05-611
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04