Mich. Admin. Code R. 299.9809 - Used oil regulation; applicability
Rule 809.
(1) Used
oil and the following materials are subject to regulation as used oil under
R
299.9810 to
R
299.9816, unless otherwise specified in subrule (2) of
this rule:
(a) A mixture of used oil and
hazardous waste, except a mixture of used oil and halogenated hazardous waste
listed under
R 299.9213 or
R 299.9214, generated by a very
small quantity generator who is regulated under
R
299.9304.
(b) A material that contains, or is otherwise
contaminated with, used oil and is burned for energy recovery.
(c) Used oil that is drained or removed from
materials that contain, or are otherwise contaminated with, used oil.
(d) A mixture of used oil and fuel.
(e) A material that is produced from used oil
and that is burned for energy recovery.
(f) Used oil that is burned for energy
recovery and any fuel produced from used oil by processing, blending, or other
treatment if it exceeds any of the used oil specifications. Specification used
oil is used oil that does not exceed any of the used oil specifications.
Off-specification used oil is used oil that exceeds any of the specifications
specified in this subdivision. The used oil specifications are as follows:
(i) A maximum arsenic concentration of 5
parts per million.
(ii) A maximum
cadmium concentration of 2 parts per million.
(iii) A maximum chromium concentration of 10
parts per million.
(iv) A maximum
lead concentration of 100 parts per million.
(v) A minimum flash point of 100 degrees
Fahrenheit.
(vi) A maximum total
halogen concentration of 4,000 parts per million.
(g) Used oil that is recycled and is also a
hazardous waste solely because it exhibits a hazardous
characteristic.
(h) Used oil that
contains polychlorinated biphenyls at any concentration less than 50 parts per
million unless, because of dilution, it is regulated under 40 CFR part 761 as a
used oil that contains polychlorinated biphenyls at concentrations of 50 parts
per million or greater. Such used oil may also be subject to 40 CFR part 761,
including
40 CFR 761.20(d) and
(e). Marketers and burners of used oil who
market used oil that contains any quantifiable level, 2 parts per million or
greater, of polychlorinated biphehyls are also subject to the requirements of
40 CFR
761.20(e).
(2) The following materials are not subject
to regulation as used oil under
R
299.9810 to
R
299.9816, but may be subject to regulation as a
hazardous waste under part 111 of the act, MCL 324.11101 to 324.11153, and
these rules:
(a) A mixture of used oil and
hazardous waste, except as specified in subrule (1)(a) of this rule.
(b) Used oil that contains more than 1,000
parts per million total halogens is presumed to be a hazardous waste and is
regulated under part 111 of the act, MCL 324.11101 to 324.11153, and these
rules. A person may rebut the presumption by demonstrating that the used oil
does not contain hazardous waste. The demonstration may be made by showing that
the used oil does not contain significant concentrations of halogenated
hazardous constituents that are listed in 40 CFR part 261, appendix VIII. The
rebuttable presumption rule does not apply to the following materials:
(i) Metalworking oils or fluids that contain
chlorinated paraffins if the oils or fluids are processed through a tolling
arrangement as specified in
40 CFR
279.24(c) to reclaim the
oils or fluids. The rebuttable presumption does apply, however, if the oils or
fluids are recycled in any other manner or disposed of.
(ii) Used oil that is contaminated with
chlorofluorocarbons that have been removed from refrigeration units if the
chlorofluorocarbons are destined for reclamation. The rebuttable presumption
does apply, however, if the used oil is contaminated with chlorofluorocarbons
that have been mixed with used oil from sources other than refrigeration
units.
(c) A material
that contains, or is otherwise contaminated with, used oil if the used oil has
been properly drained or removed to the extent possible so that visible signs
of free-flowing oil do not remain in or on the material and the material is not
burned for energy recovery.
(d) A
mixture of used oil and diesel fuel that is mixed on-site by the generator of
the used oil for use in the generator's own vehicles. Before mixing, the used
oil is regulated under subrule (1) of this rule.
(e) Used oil and materials that are derived
from used oil and that are disposed of or used in a manner constituting
disposal.
(f) Used oil rerefining
distillation bottoms that are used as a feedstock to manufacture asphalt
products.
(g) Wastewater, the
discharge of which is subject to regulation pursuant to either section 402 or
section 307(b) of the federal clean water act,
33 USC
1342 or
1317(b),
including wastewater at facilities that have eliminated the discharge of
wastewater, that is contaminated with de minimis quantities of used oil. As
used in this subdivision, "de minimis quantities of used oil" means small
spills, leaks, or other drippings from pumps, machinery, pipes, and other
similar equipment during normal operations or small amounts of oil lost to the
wastewater treatment system during washing or draining operations. De minimis
quantities of used oil do not include used oil discarded as a result of
abnormal manufacturing operations that result in substantial leaks, spills, or
other releases or to used oil recovered from wastewaters.
(h) Used oil mixed with crude oil or natural
gas liquids for insertion into a crude oil pipeline. Before mixing with crude
oil or natural gas liquids, the used oil is regulated under subrule (1) of this
rule.
(i) A mixture of used oil and
crude oil or natural gas liquids that contains less than 1% used oil if the
mixture is being stored, or transported to a crude oil pipeline or petroleum
refining facility, for insertion into the refining process at a point before
crude distillation or catalytic cracking.
(j) Used oil that is inserted into the
petroleum refining facility process before crude distillation or catalytic
cracking without prior mixing if the used oil constitutes less than 1% of the
crude oil feed to any petroleum refining facility process unit at any given
time. Before insertion into the petroleum refining facility, the used oil is
regulated under subrule (1) of this rule.
(k) Used oil that is introduced into a
petroleum refining facility process after crude distillation or catalytic
cracking if the used oil meets the used oil specifications under subrule (1)(f)
of this rule. Before insertion into the petroleum refining facility process,
the used oil is regulated under subrule (1) of this rule.
(l) Used oil that is incidentally captured by
a hydrocarbon recovery system or wastewater treatment system as part of routine
process operations at a petroleum refining facility and inserted into the
petroleum refining process. Used oil that is intentionally introduced into a
hydrocarbon recovery system or wastewater treatment system is regulated as a
used oil under subrule (1) of this rule.
(m) Tank bottoms from stock tanks that
contain exempt mixtures of used oil and crude oil or natural gas
liquids.
(n) Used oil that is
produced on vessels from normal shipboard operations. Once the used oil is
transported ashore, which is when the used oil is considered to be generated by
the owner or operator of the vessel and the person removing or accepting the
used oil from the vessel, then the used oil is regulated under subrule (1) of
this rule.
(o) Specification used
oil fuel when the person who determined that the used oil fuel is specification
used oil fuel demonstrates compliance with the requirements of
R
299.9815(3)(b), (c), and (f) and
40
CFR 279.73.
(p) Used oil that contains polychlorinated
biphenyls at concentrations of 50 parts per million or greater. This used oil
is subject to regulation under 40 CFR part 761. No person may avoid these
provisions by diluting used oil that contains polychlorinated biphenyls, unless
otherwise specifically provided for under part 8 of these rules or under 40 CFR
part 761.
Notes
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