Section 33-24-05-620 - Applicability of standards for used oil generators1.General. Except as provided in subdivisions a through d, sections 33-24-05-620 through 33-24-05-629 applies to all used oil generators. A used oil generator is any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation. a. Household do-it-yourselfer used oil generators. Household do-it-yourselfer used oil generators are not subject to regulation under sections 33-24-05-620 through 33-24-05-629.b. Vessels. Vessels at sea or at port are not subject to sections 33-24-05-620 through 33-24-05-629. For purposes of sections 33-24-05-620 through 33-24-05-629, used oil produced on vessels from normal shipboard operations is considered to be generated at the time it is transported ashore. The owner or operator of the vessel and the persons removing or accepting used oil from the vessel are co-generators of the used oil and are both responsible for managing the waste in compliance with sections 33-24-05-620 through 33-24-05-629 once the used oil is transported ashore. The co-generators may decide among them which party will fulfill the requirements of sections 33-24-05-620 through 33-24-05-629.c. Diesel fuel. Mixtures of used oil and diesel fuel mixed by the generator of the used oil for use in the generator's own vehicles are not subject to sections 33-24-05-660 through 33-24-05-689 once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil fuel is subject to the requirements of sections 33-24-05-620 through 33-24-05-629.d. Farmers. Farmers who generate an average of twenty-five gallons [94.64 liters] per month or less of used oil from vehicles or machinery used on the farm in a calendar year are not subject to the requirements of sections 33-24-05-600 through 33-24-05-689.2.Other applicable provisions. Used oil generators who conduct the following activities are subject to the requirements of other applicable provisions of sections 33-24-05-600 through 33-24-05-689 as indicated in subdivisions a through e: a. Generators who transport used oil, except under the self-transport provisions of subsections 1 and 2 of section 33-24-05-624, must also comply with sections 33-24-05-640 through 33-24-05-649.b. Generators who process used oil must also comply with sections 33-24-05-650 through 33-24-05-659. (1) Except as provided in paragraph 2, generators who process or re-refine used oil must also comply with sections 33-24-05-650 through 33-24-05-659.(2) Generators who perform the following activities are not processors provided that the used oil is generated onsite and is not being sent offsite to a burner of on-specification or off-specification used oil fuel.(a) Filtering, cleaning, or otherwise reconditioning used oil before returning it for reuse by the generator;(b) Separating used oil from wastewater generated onsite to make the wastewater acceptable for discharge or reuse pursuant to section 402 or section 307(b) of the Clean Water Act or other applicable federal or state regulations governing the management of discharge of wastewaters;(c) Using oil mist collectors to remove small droplets of used oil from in-plant air to make plant air suitable for continued recirculation;(d) Draining or otherwise removing used oil from materials containing or otherwise contaminated with used oil in order to remove excessive oil to the extent possible pursuant to subsection 3 of section 33-24-05-610; or(e) Filtering, cleaning, or otherwise reconditioning used oil before burning it in a space heater pursuant to section 33-24-05-623.c. Generators who burn off-specification used oil for energy recovery, except under the onsite space heater provisions of section 33-24-05-623, must also comply with sections 33-24-05-660 through 33-24-05-669.d. Generators who direct shipments of off-specification used oil from their facility to a used oil burner or first claim 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 must also comply with sections 33-24-05-670 through 33-24-05-679.e. Generators who dispose of used oil must also comply with sections 33-24-05-680 through 33-24-05-689.N.D. Admin Code 33-24-05-620
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