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
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