Section 33-24-05-640 - Applicability of standards for used oil transporters and transfer facilities1.General. Except as provided in subdivisions a through d, sections 33-24-05-640 through 33-24-05-649 apply to all used oil transporters. Used oil transporters are persons who transport used oil, persons who collect used oil from more than one generator and transport the collected oil, and owners and operators of used oil transfer facilities. a. Sections 33-24-05-640 through 33-24-05-649 do not apply to onsite transportation. b. Sections 33-24-05-640 through 33-24-05-649 do not apply to generators who transport shipments of used oil totaling fifty-five gallons [208.20 liters] or less from the generator to a used oil collection center as specified in subsection 1 of section 33-24-05-624. c. Sections 33-24-05-640 through 33-24-05-649 do not apply to generators who transport shipments of used oil totaling fifty-five gallons [208.20 liters] or less from the generator to a used oil aggregation point owned or operated by the same generator as specified in subsection 2 of section 33-24-05-624. d. Sections 33-24-05-640 through 33-24-05-649 do not apply to transportation of used oil from household do-it-yourselfers to a regulated used oil generator, collection center, aggregation point, processor, or burner subject to the requirements of sections 33-24-05-600 through 33-24-05-689. Except as provided in subdivisions a through c, sections 33-24-05-640 through 33-24-05-649 do, however, apply to transportation of collected household do-it-yourselfer used oil from regulated used oil generators, collection centers, aggregation points, or other facilities where household do-it-yourselfer used oil is collected. 2.Imports and exports. Transporters who import used oil from abroad or export used oil outside of the United States are subject to the requirements of sections 33-24-05-640 through 33-24-05-649 from the time the used oil enters and until the time it exits the United States. 3.Trucks used to transport hazardous waste. Unless trucks previously used to transport hazardous waste are emptied as described in section 33-24-02-07 prior to transporting used oil, the used oil is considered to have been mixed with the hazardous waste and must be managed as hazardous waste unless, under the provisions of subsection 2 of section 33-24-05-610, the hazardous waste and used oil mixture is determined not to be hazardous waste. 4.Other applicable provisions. Used oil transporters who conduct the following activities are also subject to other applicable provisions of sections 33-24-05-600 through 33-24-05-689 as indicated in subdivisions a through e: a. Transporters who generate used oil must also comply with sections 33-24-05-620 through 33-24-05-629; b. Transporters who process used oil, except as provided in section 33-24-05-641, must also comply with sections 33-24-05-650 through 33-24-05-659; c. Transporters who burn off-specification used oil for energy recovery must also comply with sections 33-24-05-660 through 33-24-05-669; d. Transporters 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; and e. Transporters who dispose of used oil must also comply with sections 33-24-05-680 through 33-24-05-689. N.D. Admin Code 33-24-05-640
Effective January 1, 1994; amended effective December 1, 2003.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04