Owners or operators of used oil processing facilities must develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of section 33-24-05-653 and, if applicable, section 33-24-05-672. The owner or operator must keep the plan at the facility.
1. Rebuttable presumption for used oil in section 33-24-05-653. At a minimum, the plan must specify the following: a. Whether sample analyses or knowledge of the halogen content of the used oil will be used to make this determination. b. If sample analyses are used to make this determination: (1) The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either: (a) One of the sampling methods in appendix I of 33-24-02; or (b) A method shown to be equivalent under sections 33-24-01-06 and 33-24-01-07; (2) The frequency of sampling to be performed, and whether the analysis will be performed onsite or offsite; and (3) The methods used to analyze used oil for the parameters specified in section 33-24-05-653; and c. The type of information that will be used to determine the halogen content of the used oil. 2. On-specification used oil fuel in section 33-24-05-672. At a minimum, the plan must specify the following if section 33-24-05-672 is applicable: a. Whether sample analyses or other information will be used to make this determination; b. If sample analyses are used to make this determination: (1) The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either: (a) One of the sampling methods in appendix I of 33-24-02; or (b) A method shown to be equivalent under sections 33-24-01-06 and 33-24-01-07; (2) Whether used oil will be sampled and analyzed prior to or after any processing; (3) The frequency of sampling to be performed, and whether the analysis will be performed onsite or offsite; and (4) The methods used to analyze used oil for the parameters specified in section 33-24-05-672; and c. The type of information that will be used to make the on-specification used oil fuel determination. N.D. Admin Code 33-24-05-655
Effective January 1, 1994.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04