R 299.9814 Used oil burners that burn off-specification used oil for energy recovery; requirements.

Rule 814. (1) The requirements of this rule apply to an owner or operator of a facility that burns used oil for energy recovery, unless otherwise specified in subrule (2) of this rule. (2) The requirements of this rule do not apply to any of the following: (a) A facility that burns used oil for energy recovery under either of the following conditions: (i) The used oil is burned by a used oil generator in an onsite space heater pursuant to the provisions of 40 CFR 279.23. (ii) The used oil is burned by a used oil processor or rerefiner for processing used oil, which is considered burning incidentally to used oil processing. (b) A person that burns specification used oil if the burner complies with the requirements of R 299.9815. (3) A used oil burner shall comply with both of the following restrictions on burning: (a) Off-specification used oil fuel must be burned for energy recovery in only the following types of devices: (i) An industrial furnace. (ii) A boiler that meets 1 of the following criteria: (A) It is an industrial boiler that is located on the site of a facility that is engaged in a manufacturing process where substances are transformed into new products, including component parts of products, by mechanical or chemical processes. (B) It is a utility boiler that is used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale. (C) It is a used oil-fired space heater if the burner complies with the provisions of 40 CFR 279.23. (iii) A hazardous waste incinerator subject to regulation under part 6 of these rules. (b) A used oil burner may aggregate off-specification used oil with virgin oil or specification used oil for burning but shall not conduct the aggregation for producing specification used oil fuel. (4) A used oil burner shall comply with the provisions of 40 CFR 279.62, 279.64, 279.65, and 279.66, except 279.64(a). (5) A used oil burner shall ensure that the used oil managed at the used oil burner facility 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, applying knowledge of the halogen content of the used oil in light of the materials or processes used, by obtaining copies of analyses or other information from the generator, or, if the used oil has been received from a processor or rerefiner regulated under the provisions of R 299.9813, using the information provided by the processor or rerefiner. Records of the analyses conducted or information used to comply with this subrule must be maintained by the burner for a period of not less than 3 years. (6) A used oil burner shall not store used oil in units other than containers or tanks. (7) A used oil burner that generates residues from the storage or burning of used oil shall manage the residues in accordance with part 111 and these rules. (8) The provisions of 40 CFR 279.23, 279.62, 279.64, 279.65, and 279.66, except 279.64(a), are adopted by reference in R 299.11003. For the purposes of the adoption, the word "director" replaces the words "regional administrator." Editor's Note: An obvious error in R 299.9814 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.