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 CFR 279.41. (b) Incidental processing that occurs during the normal course of used oil management before burning as provided in 40 CFR 279.61(b). (c) A used oil generator that performs any of the following activities is not a processor if the used oil is generated onsite and is not being sent offsite 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 onsite to make the wastewater acceptable for discharge or reuse pursuant to section 307(b) or 402 of the federal clean water act, 33 USC 1317 and 1342, 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 CFR 279.23. (3) An owner or operator of a facility that processes used oil shall comply with the provisions of 40 CFR 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 must 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 must 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 that generates residues from the storage, processing, or rerefining of used oil shall manage the residues in accordance with part 111 and these rules. (7) The provisions of 40 CFR 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" replaces the words "regional administrator" and the term "R 299.9813" replaces the words "subpart F of this chapter."