Section 324.12102a - Materials not specified as liquid industrial by-productsThe 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 CFR 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.Amended by 2015, Act 224,s 4, eff. 3/16/2016.Amended by 2008, Act 153,s 1, eff. 6/5/2008.Added by 2008, Act 8,s 3, eff. 2/20/2008.