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.

(3) 40 CFR part 761 is adopted by reference in R 299.11003.

Notes

Mich. Admin. Code R. 299.9809

1996 AACS; 1998-2000 AACS; 2020 MR 14, Eff. 8/3/2020