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ECAR
Fact Sheet for Michigan
Waste Fuel
Regulations
Self-Audit Checklist
Best Management Practices
Contacts
Related ECAR Fact Sheets
Other Relevant Resources
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The following
fact sheet was prepared by the ECAR Center staff. Once prepared, each
ECAR Center fact sheet undergoes a review process with the applicable
state environmental agency(ies). You can check on the status of the
review process here. Please
read the disclaimer on the status page. While we have tried to present
a summary of the essential information on this topic, you should be
aware that other items, such as local regulations, may apply to you.
What You Need to Know
Because
waste fuel (gasoline or diesel) is flammable, it is classified as
a hazardous waste if it is sent for disposal, and you need to manage
it according to the hazardous waste rules. Waste fuel is not considered a hazardous waste
if it is recycled or burned as a fuel but in Michigan it would need
to be managed as liquid industrial waste. This fact sheet will outline
the rules for you, and will provide some suggestions for how to
handle and store waste fuel in containers.
Regulations
Waste
Classification. Waste fuel is contaminated gasoline
or diesel that cannot be used in vehicles. Under most circumstances,
waste fuel being disposed of is a hazardous waste because it is
ignitable. If the waste fuel is used as a fuel at another facility
like a cement kiln, it meets a hazardous waste recycling exemption
but it would have to be handled as liquid industrial waste. Hazardous
wastes and liquid industrial waste must be managed on-site and disposed
of by following specific regulations. See the ECAR Hazardous Waste fact sheet for more details about
handling hazardous wastes.
If
fuel is reusable, keep records where
it went, when, etc. so there is documentation that it wasn't being
improperly disposed of. Meet the local fire code and MIOSHA Flammable and Combustible Liquids
standard for storage and handling. Specific requirements for storage
cabinets and storage areas will depend on the amount of fuel being
stored. It should be stored in appropriate containers (properly
grounded and closed on an impermeable surface) and clearly labeled
"Reusable Gasoline" or "Reusable Diesel Fuel."
Reusable
fuel may be used in facility or employee vehicles or sold. The Department of
Agriculture Laboratory Division has potential involvement regarding
this practice under their REGULATION NO. 564. AUTOMOTIVE GASOLINE
PURITY, ADDITIVES, AND GRADING and there could be some limitations
under those regulations. The gasoline would need to be from the
same season (gasoline formulations change 4 times a year and there's
differences depending on the area sold) and speciality blends would
need to be considered on individual basis. Contact Celeste Bennett
at 517-655-8202 ext 314 for more information.
Storage
of Waste Fuel. Waste fuel must be stored in containers
meeting DOT specifications performance criteria and must be in good
condition. This means:
- No
severe rusting;
- No
bulging or major dents; and
- No
visible leaks.
Waste fuel aboveground storage containers must be located
at least 50 feet from your property boundaries. In Michigan, if
you can not meet that isolation distance, get approval in writing
signed by the local fire department authority that the containers
are stored in compliance with the fire prevention code.
Time limits allowed for accumulation of hazardous waste on-site
depends on generator status (large quantity, small quantity or conditionally
exempt small quantity generator of hazardous waste).
Do not mix waste fuel with any other waste streams, without
written permission from your waste hauler.
If waste fuel is being stored in aboveground
storage tanks or underground
storage tanks, contact the Waste and Hazardous Materials Division,
Storage Tank Program for additional requirements that are not covered
in this fact sheet.
Labeling. You must follow specific rules for labeling hazardous waste
storage containers when waste fuel is going to be disposed of. See
the ECAR Hazardous Waste fact sheet for labeling instructions.
When being handled as liquid industrial waste for recycling, have
it clearly labeled so employees know what is in container. For example,
“Waste Gas for Off-site Use” or “Waste Diesel Fuel for Off-site
Use” Meet US DOT labeling requirements when shipping off-site.
Spill Control. See Used Oil publication for information about emergency
or spill prevention planning requirements.
If a spill occurs, you must perform the following cleanup
steps:
- Stop
the release;
- Contain
the released waste fuel;
- Clean
up and properly manage the released waste fuel and other materials;
and
- If
necessary, repair or replace any leaking waste fuel storage containers
or tanks prior to returning them to service.
- Notify
the DEQ immediately by calling 1-800-292-4706.
Record Keeping. You must follow specific rules for keeping records of hazardous
waste accumulated on-site and shipped for disposal. See the ECAR Hazardous Waste fact sheet for record keeping instructions. Liquid
industrial waste regulations require waste characterization and
manifests to be kept 3 years.
Links to the Regulations. Use the following links to view the
regulations pertaining to waste fuel storage and management.
Michigan’s Natural Resources and
Environmental Protection (Act 451), Part 111 regarding Hazardous
Waste Management and administrative rules
Michigan’s Natural Resources and
Environmental Protection (Act 451), Part 121 regarding Liquid Industrial
Waste
MIOSHA Flammable
and Combustible Liquids Standard 75
Federal EPA Standards Applicable
to Generators of Hazardous Waste
Self-Audit
Checklist
When an inspector comes to your facility, there are certain
things he or she checks to see if you are in compliance with environmental
regulations. It makes good sense for you to perform a "self-audit"
and catch and correct problems before they result in penalties.
Also, there are some compliance incentives associated with self-audits
(see Audit Policy Page).
Use the following list to audit your waste fuel storage areas
and management procedures.
- Is
used waste fuel stored in drums or other containers that are in
good condition? Open containers, and rusting or leaking containers
cannot be used for waste fuel storage.
- Are
waste fuel storage containers properly labeled? Every waste
fuel storage container must be properly labeled according to hazardous
waste and US DOT requirements.
- Are
outside of containers clean of residue and is the area around
the waste fuel storage containers free of releases? Releases
must be stopped and the released material cleaned up and managed
properly.
- Are
waste fuel storage containers located on your property and 50
feet from your property boundary. If not possible, do you have
local fire department written approval for storage? All ignitable
waste storage containers must be located on your property and
at least 50 feet from your property boundary unless you have meet
local fire prevention code and have documentation.
- Is
waste fuel mixed with used other wastes such as used oil?
Verify that there are separate, clearly labeled containers for
each type of material, and that waste fuel is not mixed with used
oil or other materials without the written consent of your waste
hauler and recycler.
- Is
waste fuel transported by an registered transporter to an approved
disposal facility or recycler? Check your records and verify
that all shipments of waste fuel were removed from your property
by a state registered transporter and taken to a recycling facility
or licensed disposal facility. You can check on your transporter’s
and disposal facility’s
certification by contacting DEQ.
- Have
you checked with your insurance company for any special requirements
they may have? Some insurance companies have requirements
for storing flammable and combustible liquids.
- Have
you checked with fire department to ensure compliance with local
codes?
Best
Management Practices (BMPs)
Most regulations tell you what you have to do to be in compliance,
but they don’t explain how to do it. That’s where "best
management practices" come into play. BMPs are proven methods
that help you to get into compliance and stay there.
- Remove
fuel tanks as soon as possible after the vehicle enters the facility
and drain.
- Determine
if the fuel is reusable or waste fuel.
- Reusable
fuel can be used in employee vehicles. Store it in closed leak-proof
containers labeled, "Reusable Fuel." Use secondary containment.
- Waste
fuel is fuel that can no longer be used because it is old or contaminated
with dirt, water or other wastes. Store it in closed leak-proof
containers labeled “Waste Gasoline”, or “Waste Diesel Fuel”
- Always
keep reusable or waste fuel containers closed with funnels removed
after use.
- Never
mix reusable fuel or waste fuel with other wastes.
- Never
store fuel tanks that contain fuel. They should always be fully
drained and vented.
- Keep
ignition sources away and have “No Smoking” signs posted where
fuel is handled or stored.
Contacts
- For
more information, contact MDEQ’s Environmental Assistance Center
at 1-800-662-9278.
- For
MIOSHA requirements for storing flammable and combustible liquids,
contact the Consulation Education and Training Division at 517-322-1809.
- For
reporting spills/releases and pollution emergencies, contact:
1-800-292-4706.
Related
ECAR Fact Sheets
- Hazardous
Wastes
Other
Relevant Resources
- Michigan Hazardous Waste Treatment, Storage and Disposal Facility
Directory
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