Section 33-24-05-650 - Applicability of standards for used oil processors1. The requirements of sections 33-24-05-650 through 33-24-05-659 apply to owners and operators of facilities that process used oil. 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 products. Processing includes: 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. The requirements of sections 33-24-05-650 through 33-24-05-659 do not apply to: a. Transporters who conduct incidental processing operations that occur during the normal course of transportation as provided in section 33-24-05-641; orb. Burners who conduct incidental processing operations that occur during the normal course of used oil management prior to burning as provided in subsection 2 of section 33-24-05-661.2. Other applicable provisions. Used oil processors who conduct the following activities are also 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. Processors who generate used oil must also comply with sections 33-24-05-620 through 33-24-05-629;b. Processors who transport used oil must also comply with sections 33-24-05-640 through 33-24-05-649;c. Except as provided in paragraphs 1 and 2, processors who burn off-specification used oil for energy recovery must also comply with sections 33-24-05-660 through 33-24-05-669. Processors burning used oil for energy recovery under the following conditions are not subject to sections 33-24-05-660 through 33-24-05-669: (1) The used oil is burned in an onsite space heater that meets the requirements of section 33-24-05-623; or(2) The used oil is burned for purposes of processing used oil, which is considered burning incidentally to used oil processing;d. Processors 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; ande. Processors who dispose of used oil also must comply with the applicable sections 33-24-05-680 through 33-24-05-689.N.D. Admin Code 33-24-05-650
Effective January 1, 1994.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