Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 5 - SPILLAGE OF OIL AND POLLUTING MATERIALS › Section R. 324.2003 - Conditional exemptions

Current through Vol. 24-12, July 15, 2024
Rule 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.