Michigan Laws 324.12102a – Materials not specified as liquid industrial by-products
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Terms Used In Michigan Laws 324.12102a
- Biofuel: means any renewable liquid or gas fuel offered for sale as a fuel that is derived from recently living organisms or their metabolic by-products and meets applicable quality standards, including, but not limited to, ethanol, ethanol-blended fuel, biodiesel, and biodiesel blends. See Michigan Laws 324.12101
- Biogas: means a biofuel that is a gas. See Michigan Laws 324.12101
- Brine: means a liquid produced as a by-product of oil or natural gas production or exploration. See Michigan Laws 324.12101
- by-product: means any material that is produced by, is incident to, or results from industrial, commercial, or governmental activity or any other activity or enterprise, that is determined to be liquid by method 9095 (paint filter liquids test) as described in "Test methods for evaluating solid wastes, physical/chemical methods" United States Environmental Protection Agency publication no. See Michigan Laws 324.12101
- Container: means any portable device in which a liquid industrial by-product is stored, transported, treated, or otherwise handled. See Michigan Laws 324.12101
- Department: means the department of environmental quality. See Michigan Laws 324.12101
- Director: means the director of the department. See Michigan Laws 324.12101
- Discarded: means any of the following:
(i) Abandoned by being disposed of, burned, or incinerated; or accumulated, stored, or treated before, or instead of, being abandoned. See Michigan Laws 324.12101Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of a liquid industrial by-product into or on land or water in such a manner that the liquid industrial by-product may enter the environment, or be emitted into the air, or discharged into surface water or groundwater. See Michigan Laws 324.12101 Facility: means all contiguous land and structures, other appurtenances, and improvements on land for treating, storing, disposing of, or reclamation of liquid industrial by-product. See Michigan Laws 324.12101 Reclamation: means either processing to recover a usable product or regeneration. See Michigan Laws 324.12102 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Transportation: means the movement of liquid industrial by-product by air, rail, public or private roadway, or water. See Michigan Laws 324.12102 Used oil: means any oil that has been refined from crude oil, or any synthetic oil, that has been used and that, as a result of the use, is contaminated by physical or chemical impurities. See Michigan Laws 324.12102
The following materials are not liquid industrial by-products when managed as specified:
(a) A material that is used or reused as an effective substitute for commercial products, used or reused as an ingredient to make a product, or returned to the original process, if the material does not require reclamation prior to use or reuse, is not directly burned to recover energy or used to produce a fuel, and is not applied to the land or used in products applied to the land.
(b) A used oil that is directly burned to recover energy or used to produce a fuel if all of the following requirements are met:
(i) The material meets the used oil specifications of R 299.9809(1)(f) of the Michigan administrative code.
(ii) The material contains no greater than 2 ppm polychlorinated biphenyls.
(iii) The material has a minimum energy content of 17,000 BTU/lb.
(iv) The material is expressly authorized as a used oil fuel source, regulated under part 55, or, in another state, regulated under a similar air pollution control authority.
(c) A liquid fully contained inside a manufactured article, until the liquid is removed or the manufactured equipment is discarded, at which point it becomes subject to this part.
(d) A liquid by-product sample transported for testing to determine its characteristics or composition. The sample becomes subject to this part when discarded.
(e) A liquid that is not regulated under part 615 that is generated in the drilling, operation, maintenance, or closure of a well, or other drilling operation, including the installation of cathodic protection or directional drilling, if either of the following applies:
(i) The liquid is left in place at the point of generation in compliance with part 31, 201, or 213.
(ii) The liquid is transported off-site from a location that is not a known facility as defined in section 20101, and all of the following occur:
(A) The disposal complies with applicable provisions of part 31 or 115.
(B) The disposal is not to a surface water.
(C) The landowner of the disposal site has authorized the disposal.
(f) A liquid vegetable or animal fat oil that is transported directly to a producer of biofuels for the purpose of converting the oil to biofuel.
(g) An off-specification fuel, including a gasoline blendstock, that was generated in a pipeline as the interface material from the mixture of 2 adjacent fuel products and that will be processed, by blending or by distillation or other refining, to produce a fuel product or fuel products.
(h) An off-specification fuel, including a gasoline blendstock, that resulted from the commingling of off-specification fuel products or from phase separation in a gasoline and alcohol blend and that will be processed, by distillation or other refining, to produce fuel products.
(i) An off-specification fuel product transported directly to a distillation or refining facility to produce a fuel product or fuel products regulated pursuant to 40 C.F.R. part 80.
(j) A liquid or a sludge and associated liquid authorized to be applied to land under part 31 or 115.
(k) A liquid residue remaining in a container after pouring, pumping, aspirating, or another practice commonly employed to remove liquids has been utilized, if not more than 1 inch of residue remains on the bottom, or, for containers less than or equal to 110 gallons in size, not more than 3% by weight of residue remains in the container, or, for containers greater than 110 gallons in size, not more than 0.3% by weight of residue remains in the container. The liquid residue becomes subject to this part when discarded.
(l) A residual amount of liquid remaining in a container and generated as a result of transportation of a solid waste in that container.
(m) A liquid brine authorized for use as dust and ice control regulated under parts 31 and 615.
(n) Food processing residuals as defined in section 11503, or site-separated material or source-separated material approved by the department under part 115, that, to produce biogas, will be decomposed in a controlled manner under anaerobic conditions using a closed system that complies with part 55.
(o) A liquid approved by the director for use as a biofuel in energy production in compliance with part 55 that is not speculatively accumulated and that is transported directly to the burner of the biofuel.