Section R. 299.9815 - Used oil fuel marketers; requirementsRule 815.
(1) The requirements of this rule apply to a person who conducts either of the following activities:(a) Directs a shipment of off-specification used oil from his or her facility to a used oil burner.(b) First claims that the used oil which is to be burned for energy recovery meets the used oil specifications of R 299.9809(1)(f).(2) The requirements of this rule do not apply to the following:(a) A used oil generator, and a transporter who transports used oil that is received only from generators, unless the generator or transporter directs a shipment of off-specification used oil from his or her facility to a used oil burner. Used oil processors or rerefiners who burn some used oil fuel for the purposes of processing are considered to be burning incidentally to processing. A used oil generator or transporter who directs shipments of off-specification used oil to used oil processors or rerefiners who incidentally burn used oil is not a used oil fuel marketer subject to the requirements of this rule.(b) A person who directs shipments of specification used oil fuel and who is not the first person to claim that the used oil meets the used oil specification of R 299.9809(1)(f).(3) A used oil fuel marketer shall comply with all of the following requirements: (a) Initiate shipments of off-specification used oil only to a used oil burner who is in compliance with both of the following requirements:(i) Has an EPA identification number.(ii) Burns the used oil in an industrial furnace or boiler as identified in R 299.9814(3)(a).(b) Determine that the used oil which is to be burned for energy recovery meets the used oil specifications of R 299.9809(1)(f) by performing analyses of the used oil or by obtaining copies of analyses or other information documenting that the used oil meets the specifications.(c) Maintain copies of the analyses of the used oil or other information used to make the determination that the used oil meets the used oil specifications of R 299.9809(1)(f) for a period of 3 years after the determination is made.(d) The provisions of 40 C.F.R. §§279.73 and 279.75.(e) Maintain a record of each shipment of off-specification used oil to a used oil burner for a period of not less than 3 years from the date of shipment. The records shall take the form of a log, invoice, manifest, bill of lading, or other shipping documents. The records for each shipment shall include all of the following information: (i) The name, address, and EPA identification number of the transporter who delivers the used oil to the burner.(ii) The name, address, and EPA identification number of the burner who will receive the used oil.(iii) The quantity of used oil shipped.(iv) The date of the used oil shipment.(f) Maintain a record of each shipment of specification used oil to a used oil burner for a period of not less than 3 years from the date of shipment. The records shall take the form of log, invoice, manifest, bill of lading, or other shipping documents. The records for each shipment shall include all of the following information: (i) The name and address of the facility that receives the shipment.(ii) The quantity of used oil fuel delivered.(iii) The date of the shipment or delivery.(iv) A cross-reference to the record of used oil analysis or other information used to make the determination that the used oil meets the used oil specifications of R 299.9809(1)(f).(4) The provisions of 40 C.F.R. §§279.73 and 279.75 are adopted by reference in R 299.11003. For the purposes of the adoption, the word "director" shall replace the words "regional administrator."Mich. Admin. Code R. 299.9815