Section 33-24-05-670 - Applicability of standards for used oil fuel marketers1. Any person who conducts either of the following activities is subject to the requirements of sections 33-24-05-670 through 33-24-05-679: a. Directs a shipment of off-specification used oil from their facility to a used oil burner; orb. First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in section 33-24-05-611.2. The following persons are not marketers subject to sections 33-24-05-670 through 33-24-05-679: a. Used oil generators and transporters who transport used oil received only from generators, unless the generator or transporter directs a shipment of off-specification used oil from their facility to a used oil burner. However, processors who burn some used oil fuel for purposes of processing are considered to be burning incidentally to processing. Thus, generators and transporters who direct shipments of off-specification used oil to processors who incidentally burn used oil are not marketers subject to sections 33-24-05-670 through 33-24-05-679;b. Persons who direct shipments of on-specification used oil and who are not the first person to claim the oil meets the used oil fuel specifications of section 33-24-05-611.3. Any person subject to the requirements of sections 33-24-05-670 through 33-24-05-679 must also comply with one of the following:a. Sections 33-24-05-620 through 33-24-05-629 - standards for used oil generators;b. Sections 33-24-05-640 through 33-24-05-649 - standards for used oil transporters and transfer facilities;c. Sections 33-24-05-650 through 33-24-05-659 - standards for used oil processors; ord. Sections 33-24-05-660 through 33-24-05-669 - standards for used oil burners who burn off-specification used oil for energy recovery.N.D. Admin Code 33-24-05-670
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