Mich. Admin. Code R. 299.9813 - Used oil processors and rerefiners; requirements
Rule 813.
(1) The
requirements of this rule apply to an owner or operator of a facility that
processes used oil, unless otherwise specified in subrule (2) of this
rule.
(2) The requirements of this
rule do not apply to any of the following:
(a)
Incidental processing that occurs during the normal course of transportation as
provided in 40 C.F.R. §279.41.
(b) Incidental processing that occurs during
the normal course of used oil management before burning as provided in 40
C.F.R. §279.61(b).
(c) A used
oil generator who performs any of the following activities is not a processor
if the used oil is generated on-site and is not being sent off-site to a burner
of specification or off-specification used oil fuel:
(i) Filtering, cleaning, or otherwise
reconditioning used oil before returning it for reuse by the
generator.
(ii) Separating used oil
from wastewater generated on-site to make the wastewater acceptable for
discharge or reuse pursuant to section 402 or section 307(b) of the federal
clean water act or other applicable federal or state requirements governing the
management or discharge of wastewaters.
(iii) Using oil mist collectors to remove
small droplets of used oil from in-plant air to make plant air suitable for
continued recirculation.
(iv)
Draining or otherwise removing used oil from materials that contain, or are
otherwise contaminated with, used oil to remove excessive oil to the extent
possible pursuant to the provisions of R 299.9809(2)(c).
(v) Filtering, separating, or otherwise
reconditioning used oil before burning it in a space heater pursuant to the
provisions of 40 C.F.R. §279.23.
(3) An owner or operator of a facility that
processes used oil shall comply with the provisions of 40 C.F.R.
§§279.51, 279.52, 279.54, 279.55, 279.56, 279.57, and 279.58, except
§279.54(a).
(4) An owner or
operator of a facility that processes used oil shall ensure that the used oil
is not a hazardous waste pursuant to the provisions of R 299.9809(2)(b). The
determination shall be made by testing the used oil or applying knowledge of
the halogen content of the used oil in light of the materials or processes
used. Records of the analyses conducted or information used to comply with this
subrule shall be maintained by the owner or operator for a period of not less
than 3 years.
(5) An owner or
operator of a facility that processes used oil shall not store used oil in
units other than containers or tanks.
(6) An owner or operator of a facility who
generates residues from the storage, processing, or rerefining of used oil
shall manage the residues in accordance with part 111 of the act and these
rules.
(7) The provisions of 40
C.F.R. SS 279.41, 279.51, 279.52, 279.54, 279.55, 279.56, 279.57, 279.58, and
279.61, except §279.54(a), are adopted by reference in R 299.11003. For
the purposes of the adoption, the word "director" shall replace the words
"regional administrator" and the term "R 299.9813" shall replace the words
"subpart F of this chapter."
Notes
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