Section R. 324.2003 - Conditional exemptionsRule 3.
(1) Except as otherwise provided in these rules, the following facilities are exempt from these rules subject to the following conditions: (a) Any facility that manages polluting materials in excess of threshold quantities is exempt from these rules if the polluting materials are managed in containers that do not individually exceed 10 gallons or 100 pounds in capacity and that are located indoors at a facility that is designed, constructed, maintained, and operated to prevent any spilled polluting material from being released directly or indirectly to the surface or groundwaters of the state.(b) An on-land or oil storage facility which does not manage any other polluting materials in excess of an applicable threshold management quantity and which is otherwise subject to the federal oil pollution prevention requirements of 40 C.F.R. part 110 or 112, (1997), shall comply with these rules by fully complying with the federal requirements and shall also report all releases of oil as required in R 324.2007. The owner or operator of such a facility shall submit a copy of the facility's spill prevention, control, and countermeasure plan in accordance with R 324.2006(2). An oil storage facility that manages both oil and other polluting materials in excess of an applicable threshold management quantity shall comply with these rules for the other polluting materials. Failure to fully comply with the federal oil pollution prevention requirements is a violation of these rules and the federal requirements and is subject to the provisions of part 31 of the act.(c) An on-land or oil storage facility subject to 1941 PA 207, MCL 29.1, et seq., and known as the fire prevention code, shall comply with these rules by fully complying with the provisions of 1941 PA 207, for any flammable liquids, or combustible liquids, or both, subject to 1941 PA 207. An on-land facility that manages flammable liquids, or combustible liquids, or both, and other polluting materials in excess of an applicable threshold management quantity shall comply with these rules for the other polluting materials.(d) An on-land or oil storage facility that owns or manages underground storage tanks subject to part 211 or 213 of the act shall comply with these rules by fully complying with the requirements of part 211 or 213 of the act for the underground storage tanks. An on-land or oil storage facility that has underground storage tanks subject to part 211 or 213 of the act that also manages other polluting materials in excess of an applicable threshold management quantity that are not subject to part 211 or 213 of the act shall comply with these rules for the other polluting materials.(e) An on-land or oil storage facility that manages hazardous wastes subject to part 111 of the act shall comply with these rules by fully complying with the requirements of part 111 of the act for those hazardous wastes. An on-land or oil storage facility that manages hazardous wastes subject to part 111 of the act that also manages other polluting materials in excess of an applicable threshold management quantity that are not subject to part 111 of the act shall comply with these rules for the other polluting materials.(f) An on-land or oil storage facility that is subject to part 615 of the act shall comply with these rules by fully complying with the requirements of part 615 of the act. An on-land or oil storage facility subject to part 615 of the act that also manages other polluting materials in excess of an applicable threshold management quantity that are not subject to part 615 of the act shall comply with these rules for the other polluting materials.(2) Notwithstanding any other provision of these rules, if the department determines, on the basis of the physical state, chemical properties, location, manner of management, or proximity to vulnerable natural resources, that a facility that receives, uses, processes, manufactures, stores, or ships polluting materials in amounts less than an applicable threshold management quantity, can, if there is a release, be reasonably expected to cause substantial harm to the surface or groundwaters of the state, then the facility may be required to comply with these rules by a permit or an order issued under part 31 of the act and the rules promulgated under part 31 of the act.Mich. Admin. Code R. 324.2003