DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
MATERIALS MANAGEMENT DIVISION
HAZARDOUS WASTE MANAGEMENT
Filed with the secretary of state on
These rules become effective 7 days after filing with the secretary of state.
(By authority conferred on
the director and the department of environment, Ggreat Llakes,
and energy by sections 11127, 11128, 11132a, and 11140 of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.11127,
324.11128, 324.11132a, and 324.11140, and Executive Reorganization Order
Nos. 1995‑16, 2009-31, and 2011-1, MCL 324.99903, 324.99919, and
324.99921)
R 299.9101, R 299.9102, R 299.9103, R 299.9104, R 299.9105, R 299.9106, R 299.9107, R 299.9108, R 299.9109, R 299.9201, R 299.9202, R 299.9203, R 299.9204, R 299.9206, R 299.9207, R 299.9208, R 299.9209, R 299.9210, R 299.9211, R 299.9212, R 299.9213, R 299.9214, R 299.9215, R 299.9216, R 299.9217, R 299.9219, R 299.9220, R 299.9222, R 299.9224, R 299.9225, R 299.9226, R 299.9227, R 299.9228, R 299.9229, R 299.9231, R 299.9232, R 299.9233, R 299.9234, R 299.9301, R 299.9302, R 299.9303, R 299.9304, R 299.9305, R 299.9306, R 299.9307, R 299.9308, R 299.9309, R 299.9310, R 299.9311, R 299.9312, R 299.9314, R 299.9315, R 299.9316, R 299.9401, R 299.9404, R 299.9405, R 299.9406, R 299.9407, R 299.9408, R 299.9409, R 299.9410, R 299.9501, R 299.9502, R 299.9503, R 299.9504, R 299.9505, R 299.9506, R 299.9507, R 299.9508, R 299.9509, R 299.9510, R 299.9511, R 299.9512, R 299.9513, R 299.9514, R 299.9515, R 299.9516, R 299.9518, R 299.9519, R 299.9520, R 299.9521, R 299.9522, R 299.9523, R 299.9524, R 299.9525, R 299.9601, R 299.9602, R 299.9603, R 299.9604, R 299.9605, R 299.9606, R 299.9607, R 299.9608, R 299.9609, R 299.9610, R 299.9611, R 299.9612, R 299.9613, R 299.9614, R 299.9615, R 299.9616, R 299.9617, R 299.9618, R 299.9619, R 299.9620, R 299.9621, R 299.9622, R 299.9623, R 299.9628, R 299.9629, R 299.9630, R 299.9631, R 299.9632, R 299.9633, R 299.9634, R 299.9635, R 299.9636, R 299.9637, R 299.9638, R 299.9639, R 299.9640, R 299.9701, R 299.9702, R 299.9703, R 299.9704, R 299.9705, R 299.9706, R 299.9707, R 299.9708, R 299.9709, R 299.9710, R 299.9711, R 299.9712, R 299.9713, R 299.9801, R 299.9803, R 299.9804, R 299.9808, R 299.9809, R 299.9810, R 299.9812, R 299.9813, R 299.9814, R 299.9815, R 299.9816, R 299.9817, R 299.9818, R 299.9819, R 299.9820, R 299.9821, R 299.9822, R 299.9823, R 299.11001, R 299.11002, R 299.11003, R 299.11004, R 299.11005, R 299.11006, R 299.11007, R 299.11008, and R 299.11009 of the Michigan Administrative Code are amended, and R 299.9824, R 299.9825, R 299.9826, R 299.9827, R 299.9828, R 299.9829, R 299.9830, R 299.9831, R 299.9832, and R 299.9833 are added, as follows:
PART 1. GENERAL PROVISIONS
R 299.9101 Definitions;
A, to B.
Rule 101. As used in these rules:
(a) "Aboveground tank" means a device that meets the definition of "tank" in this part and that is situated so that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface bottom and can be visually inspected.
(b) "Act" means the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.
(c) "Act 138" means the hazardous materials transportation act, 1998 PA 138, MCL 29.471 to 29.480.
(d) "Act 181"
means the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.
(e) "Act
207" means the fire prevention code, 1941 PA 207, MCL 29.1 to 29.33.
(ef)
"Act 218" means sections 3101 and 3102 of the insurance code of 1956,
1956 PA 218, MCL 500.3101 and 500.3102.
(fg)
"Act 236" means the revised judicature act of 1961, 1961 PA
236, MCL 600.101 to 600.9947.
(gh)
"Act 300" means the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923.
(hi)
"Act 306" means the administrative procedures act of 1969, 1969
PA 306, MCL 24.201 to 24.328.
(j) "Act 368"
means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(ik)
"Act 399" means the safe drinking water act, 1976 PA 399, MCL
325.1001 to 325.1023.
(jl)
"Active life" means the period from the initial receipt of hazardous
waste at a facility until the director receives certification of final closure.
(km)
"Active portion" means that portion of a facility where treatment,
storage, or disposal operations are being, or have been, conducted after
November 19, 1980, and that is not a closed portion. (See also
"closed portion" and "inactive portion.")
(ln)
"Active range" means a military range that is currently in service
and being regularly used for range activities.
(mo)
"Acute hazardous waste" means hazardous waste that meets the listing criteria
in R 299.9209(1) and is either listed in table 203a of the rules with the
assigned hazard code of (H) or is listed in table 205a of the rules.
(np)
"Administrator" means the administrator of the EPA or the
administrator's designee.
(oq)
"Aerosol can" means a non-refillable receptacle containing a gas
compressed, liquefied, or dissolved under pressure, the sole purpose of which
is to expel a liquid, paste, or powder and fitted with a self-closing release
device allowing the contents to be ejected by the gas.
(r)
"Aerosol can processing" means the puncturing, draining, or crushing
of aerosol cans.
(ps)
"AES filing compliance date" means the date that the EPA announces in
the Federal Register, on or after which exporters of hazardous waste and exporters
of CRTs for recycling are required to file EPA information in the Automated
Export System or its successor system, under the International Trade Data
System, ITDS, platform.
(qt)
"Agent," when used in conjunction with the term United States
importer, means an employee of the United States importer or a legally
recognized representative of the United States importer who has been authorized
in a lawfully executed written document, such as a power of attorney, to act on
the United States importer's behalf.
(ru)
"Agreement state" means a state that has entered into an agreement
with the NRC under section 274(b) of the atomic energy act of 1954, 42 USC
2021, as amended, to assume responsibility for regulating within its
borders byproduct, source, or special nuclear material in quantities not
sufficient to form a critical mass.
(s) "Airbag waste" means any hazardous waste airbag modules or hazardous waste air bag inflators.
(t) "Airbag waste collection facility" means any facility that receives airbag waste from airbag handlers subject to regulation under R 299.9204(13) to (15) and accumulates the waste for more than 10 days.
(u) "Airbag waste handler" means any person, by site, that generates airbag waste that is subject to regulation under these rules.
(v) "Ampule" means an airtight vial made of glass, plastic, metal, or any combination of these materials.
(w) "Ancillary
equipment" means any device, including, but not limited to, such
devices as piping, fittings, flanges, valves, and pumps, that is used to
distribute, meter, or control the flow of hazardous waste from its point of
generation to storage or treatment tanks, between hazardous waste storage and
treatment tanks to a point of disposal on-site, or to a point of shipment for disposal off-site.
(x) "Antifreeze" means a mixture containing ethylene glycol or propylene glycol for use as a heat transfer or dehydration fluid for the purposes of regulation as a universal waste under R 299.9228.
(y) "Aquifer"
means a geologic formation, group of formations, or part of a formation that
is capable of yielding a significant amount of groundwater to wells or
springs.
(z) "Associated organic chemical manufacturing facility" means a
facility that meets all of the following requirements:
(i) The primary SIC code at the facility is 2869 but operations may also include SIC codes 2821, 2822, and 2865.
(ii) The facility is physically co-located with a petroleum refinery.
(iii) The petroleum refinery to which the oil that is being recycled is returned also provides hydrocarbon feedstocks to the facility.
(aa) "ASTM" means the ASTM International.
(bb) "Authorized
representative" means the person whothat is responsible for
the overall operation of a facility or an operational unit, such as the plant
manager, superintendent, or person whothat has equivalent
responsibilities.
(cc) "Battery"
means a device that consists of 1 or more electrically connected
electrochemical cells and that is designed to receive, store, and deliver electric energy. An electrochemical
cell is a system that consists of an anode, a cathode, an electrolyte, and any
connections that are needed to allow the cell to deliver or receive electrical
energy. The term bBattery also includes an intact, unbroken
battery from which the electrolyte has been removed.
(dd) "Boiler"
means an enclosed device that uses controlled flame combustion and that is
either determined by the director to be a boiler based on the standards and
procedures in 40 CFR 260.32 and 260.33, which are adopted by reference in
R 299.11003, or that has all of the following characteristics:
(i) The unit has physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases.
(ii) The unit's combustion chamber and primary energy recovery section or sections are of an integral design. To be of an integral design, the combustion chamber and the primary energy recovery section or sections, such as waterfalls and superheats, must be physically formed into 1 manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section or sections are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment, such as economizers or air preheaters, need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of an integral design:
(A) Process heaters or units that transfer energy directly to a process stream.
(B) Fluidized bed combustion units.
(iii) While in operation, the unit maintains a thermal energy recovery efficiency of not less than 60% calculated in terms of the recovered energy compared with the thermal value of the fuel.
(iv) The unit exports and utilizes not less than 75% of the recovered energy calculated on an annual basis. In this calculation, credit must not be given for recovered heat that is used internally in the same unit, such as for the preheating of fuel or combustion air and for the driving of induced or forced draft fans or feedwater pumps.
(ee) "Burner" means an owner or operator of a facility that burns either used oil fuel or hazardous waste fuel.
(ff) "By‑product"
means a material that is not 1 of the primary products of a production process
and that is not solely or separately produced by the production
process. Examples are process residues such as slags or distillation column
bottoms. The termBy‑product does not include a coproduct that
is produced for the general public's use and that is ordinarily used in
the form in which it is produced by the process.
R 299.9102 Definitions;
C, to D.
Rule 102. As used in these rules:
(a) "Carbon
regeneration unit" means an enclosed thermal treatment device used to
regenerate spent activated carbon. "Carbon dioxide stream"
means carbon dioxide that has been captured from an emission source such as a
power plant, including incidental associated substances derived from the source
materials and the capture process, and any substances added to the stream to
enable or improve the injection process.
(b) "Carbon dioxide
stream" means carbon dioxide that has been captured from an emission
source such as a power plant, including incidental associated substances
derived from the source materials and the capture process, and any substances
added to the stream to enable or improve the injection process. "Carbon
regeneration unit" means an enclosed thermal treatment device used to
regenerate spent activated carbon.
(c) "Cathode ray tube" or "CRT" means a vacuum tube, composed primarily of glass, that is the visual or video display component of an electronic device. A used, intact CRT is a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released.
(d) "Central accumulation area" means any on-site hazardous waste accumulation area that has been designated for accumulating hazardous wastes in units subject to R 299.9306 or R 299.9307. Central accumulation area also includes an on-site hazardous waste accumulation area at an eligible academic entity that chooses to participate under R 299.9315 and is subject to 40 CFR 262.211 when accumulating unwanted material or hazardous waste.
(e) "CERCLA" means the comprehensive environmental response, compensation, and liability act of 1980, 42 USC 9601 to 9675.
(f)
"Certification" means a statement of professional opinion based upon
knowledge or belief.
(g) "Certified delivery" means certified mail with return receipt requested, or equivalent courier service or other means, that provides the sender with a receipt confirming delivery.
(h) "CFR" means the Code of Federal Regulations.
(i)
"Chemical agents and munitions" means chemical agents and
munitions as defined in 50 USC section 1521(j)(1). )
"Closed portion" means the portion of a facility that an owner or
operator has closed pursuant to the approved facility closure plan and all
applicable closure requirements. (See also "active portion" and
"inactive portion.")
(kj)
"Combustion zone" means the portion of the internal capacity of an
incinerator where the gas temperatures of the materials being burned are within
100 degrees Celsius of the specified operating temperature.
(lk)
"Commingling" means the transfer of hazardous wastes between containers
or vehicles by a transporter during transportation that results in the waste
being mixed or repackaged.
(ml)
"Component" means either the tank or the ancillary equipment of a
tank system.
(n) "Condition for
exemption" means any requirement in R 299.9304 to R 299.9307, R 299.9315,
R 299.9316, or R 299.9503(1)(c) that states an event, action, or
standard that must occur or be met to obtain an exemption from any applicable
requirements under parts 5 to 8 of the rules, or from the requirement for
notification under section 3010 of RCRA, 42 USC 6930.
(o) "Confined
aquifer" means an aquifer that is bounded above and below by impermeable
beds or by beds that have a distinctly lower permeability than that of the
aquifer itself. It is an aquifer that contains confined groundwater.
(pm)
"Consignee" means the ultimate treatment, storage, or disposal
facility in a receiving country to which the hazardous waste will be sent.
(qn)
"Consolidation" means the transfer of containers of hazardous wastes
between transport vehicles by a transporter during transportation without the
containers holding the wastes being opened and without the wastes being
repackaged.
(ro)
"Constituent" or "hazardous waste constituent" means a constituent
that caused the administrator to list the hazardous waste in 40 CFR part 261,
subpart D, a constituent that is listed in table l of 40 CFR 261.24,
or a constituent that is listed in table 202 or 205c of these rules.
(sp)
"Consumer electronics" means devices containing an electronic circuit
board, liquid crystal display, or plasma display such as those commonly found
in homes and offices and these devices when used in other settings.
(tq)
"Contained" as it relates to hazardous secondary materials that are
legitimately recycled under R 299.9232, means held in a unit, including a
land‑based unit, that meets all of the following criteria:
(i) The unit is in good
condition, with no leaks or other continuing or intermittent unpermitted
releases of the hazardous secondary materials to the environment, and is
designed, as appropriate for materials, to prevent releases of the materials to
the environment. Unpermitted releases are releases that are not covered by a
permit, such as a permit to discharge to water or air, and may include
releases through surface transport by precipitation runoff, releases to the
soil and groundwater, wind‑blown dust, fugitive air emissions, and
catastrophic failures.
(ii) The unit is properly labeled or otherwise has a system, such as a log, to immediately identify the hazardous secondary materials in the unit.
(iii) The unit holds hazardous secondary materials that are compatible with other hazardous secondary materials placed in the unit and is compatible with the materials used to construct the unit and addresses any potential risks of fires or explosions.
(iv) Hazardous secondary materials in units that meet the applicable requirements of part 6 of these rules are presumptively contained.
(ur)
"Container" means any portable device in which a material is stored,
transported, treated, disposed of, or otherwise handled.
(vs)
"Contingency plan" means a document that sets out an organized,
planned, and coordinated course of action to be followed in case of a fire,
explosion, or release of hazardous waste or hazardous waste constituents that
could threaten human health or the environment.
(wt)
"Corrective action management unit" or "CAMU" means an area
within a facility that is used only for managing remediation waste, in the case
of grandfathered corrective action management units, or corrective action
management unit-eligible waste, as further explained in R 299.9635(2) and
(3), in implementing corrective action or cleanup at the facility.
(xu) "Corrective
action management unit-eligible waste" or "CAMU-eligible
waste" means all wastes and hazardous wastes and all media, including groundwater,
surface water, soils, sediments, and debris, that are managed for implementing
cleanup. As‑generated wastes from ongoing industrial operations at a
site are not CAMU-eligible. Notwithstanding this subdivision and where
appropriate, as‑generated non-hazardous waste may be placed in a
corrective action management unit if the waste is being used to facilitate
treatment or the performance of the corrective action management unit. Wastes
that would otherwise meet the definition of a CAMU‑eligible waste are not
CAMU‑eligible wastes if either of the following apply:
(i) If the wastes are hazardous wastes found during a cleanup in intact or substantially intact containers, tanks, or other non-land-based units found above ground, unless the wastes are first placed in the tanks, containers, or non-land-based units as part of the cleanup, or the containers or tanks are excavated during the cleanup.
(ii) If the director, or the director's designee, uses the authority in R 299.9635 to prohibit the wastes from management in a corrective action management unit.
(yv)
"Corrosion expert" means a person whothat, by
reason of his or hertheir knowledge of the physical sciences and the principles
of engineering and mathematics acquired by a professional education and related
practical experience, is qualified to engage in the practice of corrosion
control on buried or submerged metal piping systems and metal tanks. The
person shall be certified as being qualified by the National Association of Corrosion
Engineers or be a registered professional engineer whothat has
certification or licensing that includes education and experience in corrosion
control on buried or submerged metal piping systems and metal tanks.
(zw) "CRT
collector" means a person whothat receives used, intact CRTs for recycling, repair,
resale, or donation.
(aax) "CRT
exporter" means any person in the United States whothat initiates
a transaction to send used CRTs outside the United States or its territories
for recycling or reuse, or any intermediary in the United States arranging for the
export.
(bby) "CRT
glass manufacturer" means an operation or part of an operation that uses a
furnace to manufacture CRT glass.
(ccz) "CRT
processing" means conducting all of the following activities:
(i) Receiving broken or intact CRTs.
(ii) Intentionally breaking intact CRTs or further breaking or separating broken CRTs.
(iii) Sorting or otherwise managing glass removed from CRT monitors.
(ddaa)
"Designated facility" means a hazardous waste treatment, storage, or
disposal facility that has received a permit or has interim status under 40 CFR
parts 124 and 270; that has a license, permit, or interim status from a state
that is authorized under section 3006 of the solid waste disposal act of 1965, 42
USC 6926, which, if located in this state, has an operating license that is
issued under part 111 of the act, MCL 324.11101 to 324.11153, has a
legally binding agreement with the director that authorizes operation, or is
subject to the requirements of section 11123(7) and (8) of the act, MCL 324.11123;
or that is regulated under R 299.9206(1)(c) or R 299.9803; and that
has been designated on the manifest by the generator under R 299.9309. If
the waste is destined for a facility in an authorized state that has not yet
obtained authorization to regulate the particular waste as hazardous, then the
designated facility shall be a facility that is allowed by the receiving state
to accept the waste. A designated facility may also mean a generator site
designated on the manifest to receive its waste as a return shipment from a
facility that has rejected the waste pursuant to R 299.9608.
(eebb)
"Destination facility" means a facility that treats, disposes of, or
recycles a particular category of universal waste, except for the management
activities described in 40 CFR 273.13(a) and (c) and 273.33(a) and
(c). A facility at which a particular category of universal waste is only
accumulated is not a destination facility for purposes of managing that
category of universal waste.
(ffcc)
"Dike" means an embankment or ridge that consists of either natural
or man‑made materials and that is used to prevent the movement of
liquids, sludges, solids, or other materials.
(dd) "Department” means the department of environment, Great Lakes, and energy.
(ggee) "Dioxins and furans (D/F)" means tetra,
penta, hexa, hepta, and octa‑chlorinated dibenzo dioxins and furans.
(hhff)
"Director" means the director of the department of environment, Ggreat Llakes, and
energy.
(ii) "Discharge" or "hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.
(gg) "Displacement" means the relative movement of any two sides of a fault measured in any direction.
(jjhh) "Disposal"
means the discharge, deposit, injection, dumping, spilling, leaking, or placing
of any hazardous waste into or on land or water in a manner that the hazardous
waste or a constituent of the hazardous waste might enter the environment, be
emitted into the air, or discharged into water, including groundwater.
(kkii)
"Disposal facility" means a facility or a part of a facility at which
hazardous waste, as that term is defined by these rules, is intentionally placed into
or on any land or water and at which hazardous waste will remains after
closure. The term "dDisposal facility" does not include a
corrective action management unit into which remediation wastes are placed.
(ll)
"Displacement" means the relative movement of any two sides of a
fault measured in any direction.
(mmjj) "DOD"
means the United States Department of Defense.
(nnkk) "DOE"
means the United States Department of Energy.
(ooll)
"DOT" means the United States Department of Transportation.
(ppmm) "Do‑it‑yourselfer
used oil collection center" means any site or facility that accepts or
aggregates and stores used oil collected only from household do‑it‑yourselfers.
(qqnn)
"Drip pad" means an engineered structure that consists of a curbed,
free‑draining base, which is constructed of nonearthen materials,
and which is designed to convey preservative kick‑back or drippage
from treated wood, precipitation, and surface water run‑on to an
associated collection system at wood preserving plants.
R 299.9103 Definitions;
E, to F.
Rule 103. As used in these rules:
(a) "Electronic import-export reporting compliance date" means the date that the EPA announces in the Federal Register, on or after which exporters, importers, and receiving facilities are required to submit certain export and import related documents to the EPA using the EPA’s Waste Import Export Tracking System, or its successor system.
(b) "Electronic manifest" or "e-manifest" means the electronic format of the hazardous waste manifest that is obtained from the EPA’s national e-manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700-22 and 8700‑22A.
(c) "Electronic manifest system" or "e-manifest system" means the EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.
(d) "Electronic nicotine delivery system" or "ENDS" means any electronic device that can be used to aerosolize and deliver nicotine to the person inhaling from the device and any liquid nicotine, often referred to as "e-liquid", packaged for retail sale for use in an ENDS.
(e) "Electronic nicotine delivery system retailer" or "ENDS retailer" means any person that distributes or sells electronic nicotine delivery systems. This definition includes retailers that sell products directly to consumers, wholesale distributors, and third-party logistics providers that serve as forward distributors. This definition does not include manufacturers or reverse logistics centers.
(df)
"Element" means any part of a unit or any group of parts of a
unit that are assembled to perform a specific function, for example, a pump
seal, pump, kiln liner, or kiln thermocouple.
(eg)
"Elementary neutralization unit" means a device that meets is
following both of the following requirements:
(i) Is used for neutralizing wastes that are hazardous wastes only because they exhibit the corrosivity characteristic defined in R 299.9212 or are listed in R 299.9213 or R 299.9214 only because they exhibit the corrosivity characteristic.
(ii) Is in cCompliesance
with the definition of "tank," "tank system,"
"container," "transport vehicle," or "vessel" as
specified in this part.
(fh)
"Eligible NARM waste" means NARM waste that is eligible for the
transportation and disposal conditional exemption under R 299.9823 of the
rules. It is a NARM waste that contains hazardous waste, meets the waste
acceptance criteria of, and is allowed by state NARM regulations to be disposed
of at a low-level radioactive waste disposal facility licensed under 10 CFR part 61
or NRC agreement state equivalent regulations.
(gi)
"Enforceable document" means an order, a plan, or other document
issued by the department either in place of an operating license for the
postclosure period, or as a source of alternative requirements for hazardous
waste management units, as provided under these rules. An enforceable document
may include, but is not limited to, a corrective action order under
part 111 of the act, MCL 324.11101 to 324.111.53, a CERCLA
remedy, or a closure or postclosure plan. An enforceable document must be
issued under an authority that has available all of the following remedies:
(i) The authority to sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of the requirements of these documents.
(ii) The authority to
compel compliance with the requirements for corrective action or other emergency
response measures deemeddetermined necessary to protect human
health and the environment.
(iii) The authority to assess or sue to recover in court civil penalties, including fines, for violations of the requirements of these documents.
(hj) "EPA"
means the United States Environmental Protection Agency.
(ik)
"EPA acknowledgment of consent" or "EPA AOC" means
the letter EPA sends to the exporter documenting the specific terms of the
country of import’s consent and the country or countries of transit’s consent.
The AOC meets the definition of an export license in the United. States.
Census of Bureau regulations in 15 CFR 30.1.
(jl)
"EPA region" means the states and territories found in any of the 10
EPA regions identified in 40 CFR 260.10.
(km) "Episodic event" means an activity or
activities, either planned or unplanned, that does not normally occur during
generator operations and that results in an increase in the generation
of hazardous wastes that exceeds the calendar month quantity limits for the
generator’s usual category.
(ln)
"Equivalent method" means any testing or analytical method that is
approved by the director under R 299.9215.
(o) "Evaluated hazardous waste pharmaceutical" means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with R 299.9833(2) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.
(mp)
"Excluded scrap metal" means processed scrap metal, unprocessed home
scrap metal, and unprocessed prompt scrap metal.
(nq)
"Exempted radioactive waste" means a waste that meets the eligibility
criteria and all of the conditions in R 299.9822 or meets the
eligibility criteria and complies with all of the conditions in
R 299.9823. The waste is conditionally exempted from the regulatory
definition of hazardous waste in R 299.9203.
(or)
"Existing facility" means a treatment, storage, or disposal facility
that either received all necessary state‑issued environmental permits or
licenses before January 1, 1980, or for which approval of
construction was received from the air pollution control commission before
November 19, 1980. Existing facilities also include those treatment,
storage, or disposal facilities that were operating before January 1, 1980,
under existing authority and that did not require state‑issued
environmental permits or licenses.
(ps)
"Existing portion" means the land surface area of an existing waste
management unit previously authorized and included in the original part A
permit application to the EPA on which wastes have been placed before the
issuance of a permit under RCRA or an operating license under these rules,
whichever is sooner.
(qt)
"Existing tank system" or "existing component" means
a tank system or component that is used for the storage or treatment of
hazardous waste and that is in operation, or for which installation has
commenced, on or before July 14, 1986. Installation has commenced if the owner
or operator has obtained all federal, state, and local approvals or permits
necessary to begin physical construction of the site or installation of the
tank system and if either of the following provisions applies:
(i) A continuous on‑site physical construction or installation program has begun.
(ii) The owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for physical construction of the site of installation of the tank system to be completed within a reasonable time.
(ru)
"Explosives or munitions emergency" means a situation involving the
suspected or detected presence of unexploded ordnance, damaged or deteriorated
explosives or munitions, an improvised explosive device, other potentially
explosive material or device, or other potentially harmful military chemical
munitions or device, that creates an actual or potential imminent threat to
human health, including safety, or the environment, including property, as
determined by an explosives or munitions emergency response specialist. Situations
may require immediate and expeditious action by an explosives or munitions
emergency specialist to control, mitigate, or eliminate the threat.
(sv)
"Explosives or munitions emergency response" means all immediate
response activities by an explosives or munitions emergency response specialist
to control, mitigate, or eliminate the actual or potential threat encountered
during an explosives or munitions emergency. An explosives or munitions
emergency response may include in-place render‑safe procedures, treatment
or destruction of the explosives or munitions or transporting those items
to another location to be rendered safe, treated, or destroyed. Any reasonable
delay in the completion of an explosives or munitions emergency response caused
by a necessary, unforeseen, or uncontrollable circumstance does not terminate
the explosives or munitions emergency. Explosives and munitions emergency
responses may occur on either public or private lands and are not limited to
responses at RCRA facilities.
(tw)
"Explosives or munitions emergency response specialist" means an
individual trained in chemical or conventional munitions or explosives
handling, transportation, render‑safe procedures, or destruction
techniques. Explosives or munitions emergency response specialists include DOD
emergency explosive ordnance disposal, technical escort unit, and DOD-certified
civilian or contractor personnel; and other federal, state, or local government
or civilian personnel similarly trained in explosives or munitions emergency
responses.
(ux)
"Exporter", also known as "primary exporter" on the
manifest, means any person domiciled in the United States whothat
is required to originate the movement document under R 299.9309 or the
manifest for a shipment of hazardous waste under these rules, which specifies a
foreign receiving facility to which the hazardous waste will be sent, or any
recognized trader whothat proposes export of the hazardous waste
for recovery or disposal operations in the country of import.
(vy)
"Facility" means all contiguous land and structures, other
appurtenances, and improvements on the land used for treating, storing, or
disposing of hazardous waste, or for managing hazardous secondary materials before
reclamation. A facility may consist of several treatment, storage, or disposal
operational units, such as 1 or more landfills or surface impoundments, or
combinations of operational units. For the purpose of implementing corrective
action under part 111 of the act, MCL 324.11101 to 324.11153, "facility"
includes all contiguous property under the control of the owner or operator.
Notwithstanding the definition of the term "facility"
as it relates to corrective action, a remediation waste management site is not
a facility that is subject to corrective action under R 299.9629, but is
subject to the corrective action requirements of part 111 of the act,
MCL 324.11101 to 324.11153, and these rules if the site is located
within such a facility.
(wz)
"Facility mailing list" means the mailing list for a facility that is
maintained by the department under 40 CFR 124.10(c)(1)(ix).
(xaa)
"Fault" means a fracture along which rocks on 1 side have been displaced
with respect to rocks on the other side.
(bb) "FDA" means the United States Food and Drug Administration.
(ycc)
"Federal agency" means any department, agency, or other
instrumentality of the federal government; any independent agency or establishment
of the federal government, including any government corporation; and the United
States Government Publishing Office.
(zdd)
"Federal clean air act" means the clean air act, 42 USC 7401 to
7671q.
(aaee)
"Federal clean water act" means the federal water pollution control
act, 33 USC 1251 to 1388.
(bbff)
"Federal hazardous materials transportation act" means the hazardous
materials transportation authorization act of 1994, 49 USC 5101 to
5128.
(cc) "Federal
resource conservation and recovery act" means the resource conservation
and recovery act of 1976, 42 USC 6901 to 6992k.
(ddgg)
"Federal safe drinking water act" means the safe drinking water act,
42 USC 300f to 300j‑27.
(eehh)
"FIFRA" means the federal insecticide, fungicide, and rodenticide
act, 7 USC 136 to 136y.
(ffii)
"Final closure" means the closure of all hazardous waste management
units at the facility under all applicable closure requirements so that
hazardous waste management activities under parts 5 and 6 of these rules are no
longer conducted at the facility, unless the activities are subject to
R 299.9305 to R 299.9307.
(ggjj)
"Flood" means a flood that has a 1% chance of being equaled or
exceeded in any given year.
(hhkk)
"Floodplain" means any land area that is subject to a 1% or greater
chance of flooding in any given year from any source.
(iill)
"Food chain crops" means tobacco, crops grown for human consumption,
and crops grown for feed for animals whose products are consumed by humans.
(jjmm)
"Freeboard" means the vertical distance between the top of a tank or
surface impoundment dike and the surface of the waste contained in the tank or
surface impoundment dike.
(kknn)
"Free liquids" means liquids that readily separate from the solid
portion of a waste at ambient temperature and pressure. Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, &
salts (this listing does not include
patches, gums and lozenges that are FDA-approved over-the-counter nicotine
replacement therapies).
(lloo)
"Fugitive emissions" means air contaminant emissions that emanate
from non‑point emission sources or sources other than stacks, ducts, or
vents.
(mmpp)
"Functionally equivalent element" means an element that performs the
same function or measurement and that meets or exceeds the performance
specifications of another element.
R 299.9104 Definitions; G to I.
Rule 104. As used in these rules:
(a) "Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in part 2 of these rules or whose act first causes a hazardous waste to become subject to regulation.
(b) "Geologist" means
a person whothat who, by reason of his or hertheir
knowledge of geology, mathematics, and the physical and life sciences, acquired
by education and experience, is equipped to practice geology.
(c) "Groundwater" means water below the land surface in a zone of saturation.
(d) "Hazardous
secondary material" means a secondary material such as a spent material,
by‑product, or sludge that, when discarded, arewould be
identified as hazardous waste under part 2 of these rules.
(e) "Hazardous secondary material generator" means a person whose act or process produces hazardous secondary materials at the generating facility. For the purpose of this definition, a generating facility includes all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator.
(f) "Hazardous waste" means a hazardous waste as that term is defined in R 299.9203.
(g) "Hazardous waste electronic nicotine delivery system" or "hazardous waste ENDS" means an electronic nicotine delivery system that is a waste and exhibits 1 or more characteristics identified in R 299.9212 or is listed in R 299.9213 or R 299.9214.
(gh) "Hazardous
waste fuel" means hazardous waste burned for energy recovery in any boiler
or industrial furnace that is not regulated as an incinerator or fuel produced
from hazardous waste for this purpose by processing, blending, or other treatment.
(hi) "Hazardous
waste management unit" means a contiguous area of land on or in which
hazardous waste is placed or is the largest area in which there is a
significant likelihood of mixing hazardous waste constituents in the same
area. Examples of hazardous waste management units include all of the
following:
(i) A surface impoundment.
(ii) A waste pile.
(iii) A land treatment area.
(iv) A landfill cell.
(v) An incinerator.
(vi) A tank and its associated piping and underlying containment system.
(vii) A container storage
area. A container alone does not constitute a unit. The unit includes
containers and the land or pad upon which they are placed.
(viii) A miscellaneous unit.
(ij)
"Hazardous waste number" means the code number that is used to
identify a particular type of hazardous waste.
(k) "Hazardous waste pharmaceutical" means a pharmaceutical that is a waste and exhibits 1 or more characteristics identified in R 299.9212 or is listed in R 299.9213 or R 299.9214. A pharmaceutical is not a waste and therefore not a hazardous waste pharmaceutical if it is legitimately used or reused or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a waste and therefore not a hazardous waste pharmaceutical if it has a reasonable expectation of being legitimately used or reused or reclaimed.
(l) "Healthcare facility" means any person that is lawfully authorized to do either of the following:
(i) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body.
(ii) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals.
This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.
(jm)
"Holocene" means the most recent epoch of the quaternary period
extending from the end of the Pleistocene to the present.
(kn)
"Home scrap metal" means scrap metal as generated by steel
mills, foundries, and refineries such as turnings, cuttings, punchings, and
borings.
(lo) "Household
do‑it‑yourselfer used oil" means oil that is derived from
households, such as used oil generated by individuals through the maintenance
of their personal vehicles.
(mp)
"Household do‑it‑yourselfer used oil generator" means an
individual who generates household do‑it‑yourselfer used oil.
(q) "Household waste electronic nicotine delivery system" or "Household waste ENDS" means an electronic nicotine delivery system that is a waste but is excluded from being a hazardous waste under R 299.9204(2)(a).
(r) "Household waste pharmaceutical" means a pharmaceutical that is a waste but is excluded from being a hazardous waste under R 299.9204(2)(a).
(ns)
"Import" means the act of bringing hazardous waste into the United
States from a foreign country.
(ot)
"Inactive portion" means that portion of a facility that is not
operated after November 19, 1980. (See also "active portion" and
"closed portion.")
(pu)
"Inactive range” means a military range that is not currently being used,
but that is still under military control and considered by the military
to be a potential range area, and that has not been put to a new use that is
incompatible with range activities.
(qv)
"Incinerator" means an enclosed device that satisfies either of the
following criteria:
(i) Uses controlled flame combustion, does not meet the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, and is not listed as an industrial furnace.
(ii) Meets the definition of an infrared incinerator or plasma arc incinerator.
(rw)
"Incompatible waste" means a hazardous waste that is unsuitable for
either of the following:
(i) Placement in a particular device or facility because it may cause the corrosion or decay of containment materials, for example, container inner liners or tank walls.
(ii) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure; fire or explosion; a violent reaction; toxic dusts, mists, fumes, or gases; or flammable fumes or gases. Examples of incompatible wastes are described in 40 CFR part 264, appendix V, and part 265, appendix V.
(sx) "Independent requirement" means a
requirement in part 3 of the rules that states an event, action, or standard
that must occur or be met, and that applies without relation to, or
irrespective of, the purpose of obtaining a conditional exemption from the
operating license, interim status, and operating standards under R 299.9304
to R 299.9307, R 299.9315, or R 299.9316.
(ty)
"Individual generation site" means the contiguous site at or on which
1 or more hazardous wastes are generated. An individual generation site, such
as a large manufacturing plant, may have 1 or more sources of hazardous
waste, but is considered a single or individual generation site if the site or
property is contiguous.
(uz)
"Industrial furnace" means any of the following enclosed devices that
are integral components of manufacturing processes and that use thermal
treatment to accomplish the recovery of materials or energy:
(i) Cement kilns.
(ii) Lime kilns.
(iii) Aggregate kilns.
(iv) Phosphate kilns.
(v) Coke ovens.
(vi) Blast furnaces.
(vii) Smelting, melting, and refining furnaces, including pyrometallurgical devices, such as cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces.
(viii) Titanium dioxide chloride process oxidation reactors.
(ix) Methane reforming furnaces.
(x) Pulping liquor recovery furnaces.
(xi) Combustion devices that are used in the recovery of sulfur values from spent sulfuric acid.
(xii) Halogen acid
furnaces for the production of acid from halogenated hazardous waste generated
by chemical production facilities where the furnace is located on the site of a
chemical production facility, the acid product has a halogen acid content of at
leastnot less than 3%, the acid product is used in a manufacturing
process, and, except for hazardous waste burned as a fuel, hazardous waste fed
to the furnace has a minimum halogen content of 20% as‑generated.
(xiii) Other devices that
the administrator may, after notice and comment, add to this subdivision based on
the basis of 1 or more of the following factors:
(A) The design and use of the device primarily to accomplish the recovery of material products.
(B) The use of the device to burn or reduce raw materials to make a material product.
(C) The use of the device to burn or reduce secondary materials as effective substitutes for raw materials in processes using raw materials as principal feedstocks.
(D) The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product.
(E) The use of the device in common industrial practice to produce a material product.
(F) Other factors, as appropriate.
(vaa)
"Infrared incinerator" means any enclosed device that uses electric
powered resistance heaters as a source of radiant heat followed by an
afterburner using controlled flame combustion and that is not listed as an
industrial furnace.
(wbb) "In‑ground
tank" means a device that satisfies the definition of "tank"
specified in R 299.9108(a) and that has a portion of its wall situated, to
any degree, within the ground, therebythus preventing visual
inspection of the external surface area of the device that is in the ground.
(xcc)
"Injection well" means a well into which fluids are injected. (See
also "underground injection.")
(ydd)
"Inner liner" means a continuous layer of material that is placed
inside a tank or container and that protects the construction materials of the
tank or container from the contained waste or reagents used to treat the waste.
(zee) "In
operation" means that a facility is treating, storing, or disposing
of hazardous waste.
(aaff)
"Installation inspector" means a person whothat, by
reason of his or hertheir knowledge of the physical sciences and the principles
of engineering acquired by a professional education and related practical
experience, is qualified to supervise the installation of tank systems.
(bbgg)
"Intermediate facility" means any facility that stores hazardous
secondary materials for more than 10 days, other than a hazardous secondary
material generator or reclaimer of the material.
(cchh)
"International shipment" means the transportation of hazardous waste
into or out of the jurisdiction of the United States.
R 299.9105 Definitions; L to N.
Rule 105. As used in these rules:
(a) "Lamp" means the bulb or tube portion of a lighting device specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infrared regions of the electromagnetic spectrum. Examples of common lamps include incandescent, fluorescent, high intensity discharge, sodium vapor, mercury vapor, and neon lamps.
(b) "Land-based unit" means an area where hazardous secondary materials are placed in or on the land before recycling. This definition does not include land-based production units.
(c) "Land disposal" means placement in or on the land and includes, but is not limited to, placement in any of the following:
(i) A landfill.
(ii) A surface impoundment.
(iii) A waste pile.
(iv) An injection well.
(v) A land treatment facility.
(vi) A salt dome formation.
(vii) A salt bed formation.
(viii) An underground mine or cave.
(ix) A concrete vault or bunker intended for disposal purposes.
"Land disposal" also means placement in or
on the land by means of open detonation and open burning where the residues
continue to exhibit 1 or more of the characteristics of hazardous waste. "Land
disposal" does not include ocean disposal.
(d) "Land disposal restriction treatment standards" means the treatment standards under 40 CFR part 268 that a hazardous waste must meet.
(e) "Landfill"
means a disposal facility or part of a facility where hazardous waste is placed
in or on land. "Landfill" does not include any of the
following:
(i) A pile.
(ii) A land treatment facility.
(iii) A surface impoundment.
(iv) An underground injection well.
(v) A salt dome formation.
(vi) A salt bed formation.
(vii) An underground mine or cave.
(viii) A corrective action management unit.
(f) "Landfill cell" means a discrete volume of a hazardous waste landfill that uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.
(g) "Land treatment
facility" means a treatment facility or part of a treatment facility at
which hazardous waste is applied onto or incorporated into the soil surface. The
facilities are disposal facilities if the waste will remains
after closure.
(h) "Large quantity
generator" means a generator whothat generates any of the
following amounts in a calendar month:
(i) Greater than or equal to 1000 kilograms of non-acute hazardous waste.
(ii) Greater than 1 kilogram of acute hazardous waste.
(iii) Greater than 1 kilogram of severely toxic hazardous waste.
(iv) Greater than 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste or severely toxic hazardous waste.
(i) "Leachate" means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.
(j) "Leak detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. The system must employ operational controls, such as daily visual inspections for releases into the secondary containment system or aboveground tanks, or consist of an interstitial monitoring device designed to continuously and automatically detect the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.
(k) "Lift" means a layer of placed materials, including a layer of compacted clay in a landfill liner or cap, or a layer of waste in a landfill.
(l) "Liner" means a continuous layer of natural or man‑made materials beneath or on the sides of a surface impoundment, landfill, or landfill cell that restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.
(m) "Long-term care facility" means a licensed entity that aids with activities of daily living, including managing and administering pharmaceuticals to 1 or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. This definition does not include group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.
(mn)
"Low-level mixed waste" or "LLMW" means a waste that
contains both LLRW and hazardous waste.
(no)
"Low-level radioactive waste" or "LLRW" means a radioactive
waste that contains source, special nuclear, or byproduct materials, and that is
not classified high‑level radioactive waste, transuranic waste, spent
nuclear fuel, or byproduct materials as that term is defined in section
11(e)(2) of the atomic energy act of 1954, 42 USC 2014(e)(2).
(op)
"Management" or "hazardous waste management" means the
systematic control of the collection, source separation, storage,
transportation, processing, treatment, recovery, and disposal of hazardous
waste.
(pq)
"Manifest" means the shipping document EPA Form 8700-22, including,
if necessary, EPA Form 8700-22A, or the electronic manifest, in accordance
with the applicable requirements of parts 3, 4, and 6 of these rules.
(qr)
"Manifest tracking number" means the alphanumeric identification
number which is preprinted in item 4 of the manifest by a registered source.
(rs)
"Method of treatment or disposal" means 1 of the major categories of
treatment or disposal used for hazardous waste, including any of the following:
(i) Landfill.
(ii) Land treatment.
(iii) Thermal treatment.
(iv) Chemical treatment.
(v) Physical treatment.
(vi) Biological treatment.
(st)
"Military" means the DOD, the United States Armed Services, Coast Guard,
National Guard, DOE, or other parties under contract or acting as agent for any
of the parties, whothat handle military munitions.
(tu)
"Military munitions" means all ammunition products and components
produced or used by or for the DOD or the United States Armed Services for
national defense and security, including military munitions under the control
of the DOD, the United States Coast Guard, the DOE, and National Guard
personnel. The term mMilitary munitions includes any of the
following: confined gaseous, liquid, and solid propellants, explosives,
pyrotechnics, chemical and riot control agents, smokes, and incendiaries used
by DOD components, including bulk explosives and chemical warfare agents,
chemical munitions, rockets, guided and ballistic missiles, bombs, warheads,
mortar rounds, artillery ammunitions, small arms ammunitions, grenades, mines,
torpedoes, depth charges, cluster munitions and dispensers, demolitions
charges, and devices and components thereof. Military munitions do not include
wholly inert items, improvised explosive devices, and nuclear weapons, nuclear
devices, and nuclear components thereof. However, the term military
munitions does includes nonnuclear components of nuclear devices,
managed under the DOE's nuclear weapons program after all required sanitization
operations under the atomic energy act of 1954, 42 USC 2011 to 2296b-7, as
amended, have been compiled.
(uv)
"Military range" means designated land and water areas set aside,
managed, and used to conduct research on, develop, test, and evaluate military
munitions and explosives, other ordnance, or weapon systems, or to train
military personnel in their use and handling. Ranges include firing lines and
positions, maneuver areas, firing lanes, test pads, detonation pads, impact
areas, and buffer zones with restricted access and exclusionary areas.
(vw)
"Mining overburden returned to the mine site" means any material
overlying an economic mineral deposit that is removed to gain access to the
deposit and is then used for reclamation of a surface mine.
(wx)
"Miscellaneous unit" means a hazardous waste management unit where
hazardous waste is treated, stored, or disposed of. "Miscellaneous
unit" does not include any of the following:
(i) A container.
(ii) A tank.
(iii) A surface impoundment.
(iv) A pile.
(v) A land treatment unit.
(vi) A landfill.
(vii) An incinerator.
(viii) A boiler.
(ix) An industrial furnace.
(x) An underground injection well with appropriate technical standards pursuant to 40 CFR part 146.
(xi) A unit that is eligible for a temporary operating license for research under R 299.9501.
(xii) A corrective action management unit.
(xiii) A staging pile.
(xy)
"Movement" means that hazardous waste transported to a facility in an
individual vehicle.
(yz)
"Mixed waste" means a waste that contains both hazardous waste and
source, special nuclear, or byproduct material subject to the atomic energy act
of 1954, 42 USC 2011 to 2296b-7, as amended.
(zaa)
"Naturally occurring and/or accelerator-produced radioactive
material" or "NARM" means radioactive material that is regulated
by a state under state law, or by the DOE, as authorized by the atomic energy
act of 1954, 42 USC 2011 to 2296b-7, as amended, under DOE orders, and meets
either of the following requirements:
(i) Is radioactive material that is naturally occurring and is not source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, 42 USC 2011 to 2296b-7, as amended.
(ii) Is radioactive material that is produced by an accelerator.
(aabb) "New
tank system" or "new tank component" means a tank system
or component that iswill be used for the storage or treatment of
hazardous waste and for which installation has commenced after July 14,
1986. As used inFor purposes of 40 CFR 264.193(g)(2)
and 265.193(g)(2), a new tank system is one for which construction commences
after July 14, 1986.
(bbcc)
"NFPA" means the National Fire Protection Association.
(ccdd)
"No free liquids" as used in R 299.9204, means that
solvent-contaminated wipes may not contain free liquids as determined by Method
9095B, the Paint Filter Liquids Test, included in Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods, EPA publication SW‑846 or by
another standard or test method approved by the director, and that there is no
free liquid in the container holding the wipes.
(ddee)
"Non-acute hazardous waste" means all hazardous waste that are not
acute hazardous waste or severely toxic hazardous waste as defined in these
rules.
(ff) "Non-creditable hazardous waste" means a non-creditable hazardous waste pharmaceutical or a hazardous waste electronic nicotine delivery system.
(gg) "Non-creditable hazardous waste pharmaceutical" means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used or reused or reclaimed. This includes, but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.
(hh) "Non-hazardous waste pharmaceutical" means a pharmaceutical that is a waste and is not listed in R 299.9213 or R 299.9214 and does not exhibit a characteristic identified in R 299.9212.
(ii) "Non-pharmaceutical hazardous waste" means a waste that is listed in R 299.9213 or R 299.9214 or exhibits 1 or more characteristics identified in R 299.9212 but is not a pharmaceutical or an electronic nicotine delivery system.
(eejj)
"NRC" means the United States Nuclear Regulatory Commission.
(ffkk)
"NRC license" or "NRC agreement state license" means a
license issued by the NRC, or NRC agreement state, to users that manage
radionuclides regulated by the NRC, or NRC agreement states, under the
authority of the atomic energy act of 1954, 42 USC 2011 to 2296b-7, as amended.
R 299.9106 Definitions; O to Q.
Rule 106. As used in these rules:
(a) "On‑ground
tank" means a device that satisfies the definition of "tank" in
R 299.9108(a) and that is situated in such a wayso that the
bottom of the tank is on the same level as the adjacent surrounding surface so
that the external tank bottom cannot be visually inspected.
(b) "On‑site" means on the same or geographically contiguous property, which may be divided by a public or private right‑of‑way if the entrance and exit between the pieces of property are at a crossroads intersection and access is by crossing, rather than going along, the right‑of‑way. Noncontiguous pieces of property owned by the same person but connected by a right of way that the owner controls and that the public does not have access is also considered on‑site property.
(c) "On‑site treatment facility" means a facility that is for the treatment of hazardous waste in tanks or containers, that is located on the site of generation of the wastes, and that does not do either of the following:
(i) Include equipment for incineration.
(ii) Accept hazardous wastes from other generators.
(d) "Open burning" means the combustion of any material without any of the following characteristics:
(i) Control of combustion air to maintain adequate temperature for efficient combustion.
(ii) Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion.
(iii) Control of the emission of the gaseous combustion products. (See also "incineration" and "thermal treatment.")
(e) "Operating
license" means a license to construct a new facility or expand, enlarge,
or alter an existing facility, or to operate a facility pursuant to the
authority of part 111 of the act, MCL 324.11101 to 324.11153.
(f) "Operator" means the person responsible for the overall operation of a facility.
(g) "Owner" means
the person whothat owns a treatment, storage, or disposal
facility, or part of a facility, including the titleholder of the land on which
the facility is located.
(h) "Part 31" means part 31, water resources protection, of the act, MCL 324.3101 to 324.3134.
(i) "Part 55" means part 55, air pollution control, of the act, MCL 324.5501 to 324.5539.
(j) "Part 111" means part 111, hazardous waste management, of the act, MCL 324.11101 to 324.11153.
(k) "Part 115" means part 115, solid waste management, of the act, MCL 324.11501 to 324.11587.
(l) "Part 201" means part 201, environmental remediation, of the act, MCL 324.20101 to 324.20142.
(m) "Part 213" means part 213, leaking underground storage tanks, of the act, MCL 324.21301 to 324.21334.
(hn)
"Partial closure" means the closure of a hazardous waste management
unit pursuant to the applicable closure requirements of 40 CFR part 265
and part 6 of these rules at a facility that contains other active hazardous
waste management units. For example, partial closure may include the closure
of a tank, including its associated piping and underlying containment systems,
a landfill cell, surface impoundment, waste pile, or other hazardous waste
management units while other units of the same facility continue to operate.
(io)
"Person" means any of the following entities:
(i) An individual.
(ii) A partnership.
(iii) The state.
(iv) A trust.
(v) A firm.
(vi) A joint stock company.
(vii) A federal agency.
(viii) A corporation, including a government corporation.
(ix) An association.
(x) A municipality
(xi) A commission.
(xii) A political subdivision of a state.
(xiii) Any interstate body.
(xiv) Any other
public body created by or under state law.
(jp)
"Personnel" or "facility personnel" means all persons whothat
work at, or oversee the operations of, a hazardous waste facility and whose
actions or failure to act might result in noncompliance with part 111 of
the act, MCL 324.11101 to 324.11153, or these rules.
(kq)
"Pesticide" means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest, or intended for use
as a plant regulator, defoliant, or desiccant, other than any article that
meets any of the following criteria:
(i) Is a new animal drug under section 201(v) of the federal food, drug, and cosmetic act, 21 USC 321(v).
(ii) Is an animal drug that has been determined by regulation of the secretary of health and human services not to be a new animal drug.
(iii) Is an animal feed under section 201(w) of the federal food, drug, and cosmetic act, 21 USC 321(w), that bears or contains any substances identified in paragraph (i) or (ii) of this subdivision.
(lr)
"Petrochemical recovered oil" means oil that has been reclaimed from
secondary materials from normal organic chemical manufacturing processes and
oil recovered from organic chemical manufacturing processes.
(ms)
"Petroleum refining facility" means an establishment that is
primarily engaged in producing gasoline, kerosene, distillate fuel oils,
residual fuel oils, and lubricants through fractionation, straight distillation
of crude oil, redistillation of unfinished petroleum derivatives, cracking, or
other processes.
(nt) "Pharmaceutical" means any drug intended
or dietary supplement for use in the diagnosis, cure,
mitigation, treatment, therapy, or prevention of disease in by humans
or other animals. This definition includes, but not limited to, the
following:
(i) Dietary supplements, as that term is defined by the federal food, drug and cosmetic act, 21 USC 321.
(ii) Prescription drugs, as that term is defined by 21 CFR 203.3(y).
(iii) Over‑the‑counter drugs.
(iv) Homeopathic drugs.
(v) Compounded drugs.
(vi) Investigational new drugs.
(vii) Pharmaceuticals remaining in non-empty containers.
(viii) Personal protective equipment contaminated with pharmaceuticals.
(ix) Clean-up material from spills of pharmaceuticals.
(u) Electronic nicotine delivery systems that are subject to regulation as a drug, device, or combination product by the FDA.
This definition does not include dental amalgam or sharps.
(ov)
"Pile" means any noncontainerized accumulation of solid, nonflowing
hazardous waste that is used for treatment or storage.
(pw) "Planned episodic event" means an episodic
event that the generator planned and prepared for, including regular
maintenance, tank cleanouts, short-term projects, and removal of excess
chemical inventory.
(qx)
"Plasma arc incinerator" means any enclosed device whichthat
uses a high intensity electrical discharge or arc as a source of heat followed
by an afterburner using controlled flame combustion and which is not
listed as an industrial furnace.
(ry)
"Point source" means any discernible, confined, and discrete conveyance,
including any of the following from which pollutants are or might be
discharged:
(i) A pipe.
(ii) A ditch.
(iii) A channel.
(iv) A tunnel.
(v) A conduit.
(vi) A well.
(vii) A discrete fissure.
(viii) A container.
(ix) Rolling stock.
(x) A concentrated animal feeding operation.
(xi) A vessel or other floating craft.
"Point source" does not include return
flows from irrigated agriculture.
(z) "Potentially creditable hazardous waste pharmaceutical" means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and meets all the following requirements:
(i) Is in the original manufacturer packaging, except pharmaceuticals that were subject to a recall.
(ii) Is undispensed.
(iii) Is unexpired or less than 1 year past expiration date.
This definition does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals, such as over-the-counter drugs, homeopathic drugs, and dietary supplements.
(saa) "Primary
monitoring parameter" means indicator parameters, for example, specific
conductance, total organic carbon, or total organic halogen; hazardous waste
constituents; or reaction products which provide a reliable indication of the
presence of hazardous constituents in groundwater and which, when specified in
a facility operating license, are subject to all of the requirements of
40 CFR part 264, subpart F.
(tbb)
"Processed scrap metal" means scrap metal whichthat has
been manually or physically altered to either separate it into distinct
materials to enhance economic value or to improve the handling of materials.
Processed scrap metal includes, but is not limited to, scrap metal which has
been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or
separated by metal type and fines, drosses, and related materials whichthat
have been agglomerated. Shredded circuit boards being sent for recycling are
not considered processed scrap and are covered under the exclusion from the
definition of waste for shredded circuit boards that are being recycled in R 299.9204.
(ucc)
"Processing" means chemical or physical operations designed to
produce from used oil, or to make used oil more amenable for production of,
fuel oils, lubricants, or other used oil‑derived products. Processing
includes all of the following:
(i) Blending used oil with virgin petroleum products.
(ii) Blending used oils to meet fuel specifications.
(iii) Filtration.
(iv) Simple distillation.
(v) Chemical or physical separation.
(vi) Re-refining.
(vdd)
"Prompt scrap metal" means scrap metal as generated by the metal
working and fabrication industries. Prompt scrap metal, which is also known as
"industrial" or "new" scrap metal, includes all of the
following:
(i) Turnings.
(ii) Cuttings.
(iii) Punching.
(iv) Borings.
(wee)
"Publicly owned treatment works", known as "POTW," means
any device or system which is used in the treatment, including recycling and
reclamation, of municipal sewage or industrial wastes of a liquid nature and
which is owned by a "state" or "municipality," as those
terms are defined by section 502(4) of the federal clean water
act, 33 USC 1362(4). This definition includes sewers, pipes, or other
conveyances only if they convey wastewater to a POTW providing treatment.
(x) "Qualified
groundwater scientist" means a scientist or engineer who has received
a baccalaureate or post-graduate degree in the natural sciences or engineering,
and has sufficient training and experience in groundwater hydrology and related
fields as may be demonstrated by state registration, professional
certifications, or completions of accredited university courses that enable
that individual to make sound professional judgments regarding groundwater
monitoring and contaminant fate and transport.
R 299.9107 Definitions;
R, to S.
Rule 107. As used in these rules:
(a) "RCRA" means the solid waste disposal act, as amended by the resource conservation and recovery act of 1976, as amended, 42 USC 6901 to 6992k.
(b) "Reclamation"
means either processing to recover a usable product or regeneration, such as in
the recovery of lead values from spent batteries and the regeneration of spent
solvents. For the purpose of R 299.9204(1)(aa) and (bb), smelting,
melting, and refining furnaces are considered to be solely engaged in metals
reclamation if the metal recovery from the hazardous secondary materials meets
the same requirements as those specified for metals recovery from hazardous
waste of 40 CFR 266.100(d)(1) to (3), and if the
residuals meet the requirements of R 299.9808.
(c) "Recognized
trader" means a person domiciled in the United States, by site of
business, whothat acts to arrange and facilitate transboundary
movements of wastes destined for recovery or disposal operations, either by
purchasing from and subsequently selling to United States and foreign
facilities, or by acting under arrangements with a United States waste facility
to arrange for the export or import of the wastes.
(d) "Recreational property" means all lands that are predominately intended to provide outdoor recreational activities under the control and operation of a governmental agency, such as outdoor parks, preserves, campgrounds, and wildlife refuges.
(e) "Recycle" means use, reuse, or reclamation. Material is used or reused if it is either of the following:
(i) Employed as an ingredient in an industrial process to make a product, unless distinct components of the material are recovered as separate end products, such as when metals are recovered from metal‑containing secondary materials.
(ii) Employed in a particular function or application as an effective substitute for a commercial product, such as spent pickle liquor used as phosphorus precipitant and sludge conditioner in wastewater treatment.
(f) "Recyclable material" means hazardous waste that is recycled.
(g) "Re‑refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.
(h) "Regional
administrator" means the regional administrator or his or herthe
regional administrator’s designee for the EPA region in which the facility
is located.
(i) "Regulated unit" means a surface impoundment, waste pile, land treatment unit, or landfill that received hazardous waste after July 26, 1982.
(j) "Remanufacturing"
means processing higher-value secondary material to manufacture a product that
serves a similar functional purpose as the original commercial‑grade
material. For the purpose of this definition, a hazardous secondary
material is considered higher‑value if it was generated from the use of a
commercial-grade material in a manufacturing process and can be remanufactured
into a similar commercial‑grade material.
(k) "Remedial action
plan" or "RAP" means a special form of an operating license
that a facility owner or operator may obtain instead of an operating license
issued under part 5 of these rules. The RAP mustshall authorize
the treatment, storage, or disposal of hazardous remediation waste at a
remediation waste management site.
(l) "Remediation waste" means all wastes and hazardous wastes, and all media, including groundwater, surface water, soils, and sediments, and debris, that are managed for implementing cleanup.
(m) "Remediation waste
management site" means a facility where an owner or operator is or will be
treating, storing, or disposing of hazardous remediation wastes. A remediation
waste management site is not a facility that is subject to corrective action
under R 299.9629, but is subject to the corrective action requirements
of part 111 of the act, MCL 324.11101 to 324.11153, and these rules if
the site is located in such a facility.
(n) "Representative sample" means a sample of a universe or whole that can be expected to exhibit the average properties of the universe or whole.
(o) "Retention time" means the minimum time hazardous waste is subjected continuously to a required combustion zone temperature in an incinerator.
(p) "Reverse distributor" means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.
(pq)
"Run‑off" means any rainwater, leachate, or other liquid that
drains over land from any part of a facility.
(qr)
"Run‑on" means any rainwater, leachate, or other liquid that
drains over land onto any part of a facility.
(rs)
"Saturated zone" or "zone of saturation" means that part of
the earth's crust in which all voids are filled with water.
(st)
"Scrap metal" means bits and pieces of metal parts, such as bars,
turnings, rods, sheets, wire, or metal pieces, that may be combined together
with bolts or by soldering, such as radiators, scrap automobiles, and
railroad car boxes, and that, when worn or superfluous, may be recycled.
(tu)
"Secondary monitoring parameter" means ions such as calcium, sodium,
magnesium, iron, chloride, sulfate, bicarbonate, and carbonate; waste
constituents; reaction products; or other parameters that provide an indication
of the presence of hazardous constituents in groundwater and which are
not subject to the requirements of 40 CFR part 264, subpart F.
(uv) "Severely toxic hazardous waste" means a
waste that exhibits the characteristic of severe toxicity by containing 1 part
per million or more of a severely toxic substance listed in table 202 of these
rules.
(vw) "Sham recycling"
means recycling that is not legitimate recycling as outlined in
R 299.9232. A hazardous secondary material found to be sham recycled is
considered discarded and a waste.
(wx)
"Site identification number" means the number that is assigned by the
EPA or the EPA's designee to each generator, transporter, and treatment,
storage, or disposal facility. If a generator, transporter, or treatment,
storage, or disposal facility manages wastes that are hazardous under these
rules, but are not hazardous under RCRA, then "site identification
number" means an equivalent number that is assigned by the
director.
(xy)
"Sludge" means any solid, semisolid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water supply
treatment plant, or air pollution control facility, exclusive of the treated
effluent from a wastewater treatment plant.
(yz)
"Sludge dryer" means any enclosed thermal treatment device that is
used to dehydrate sludge and that has a maximum total thermal input, excluding
the heating value of the sludge itself, of 2,500 BTU per pound of sludge
treated on a wet‑weight basis.
(zaa)
"Small quantity generator" means a generator whothat
generates the following amounts in a calendar month:
(i) Greater than 100 kilograms but less than 1,000 kilograms of non-acute hazardous waste.
(ii) Less than or equal to 1 kilogram of acute hazardous waste.
(iii) Less than or equal to 1 kilogram of severely toxic hazardous waste.
(iv) Less than or equal to 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste or severely toxic hazardous waste.
(aabb)
"Sole-source aquifer" means an aquifer designated pursuant
to section 1424(e) of the federal safe drinking water act, 42 USC 300h-3(e).
(bbcc)
"Solvent-contaminated wipe" means a wipe that, after use or after
cleanup of a spill, meets any of the following criteria:
(i) Contains 1 or more of
the F001 tohrough F005 solvents listed in R 299.9220 or the
corresponding P- or U-listed solvents found in R 299.9224, R 299.9225, or R 299.9226.
(ii) Exhibits a hazardous characteristic as defined in R 299.9212 and that characteristic results from a solvent listed in part 2 of these rules.
(iii) Exhibits only the hazardous characteristic of ignitability as defined in R 299.9212 due to the presence of 1 or more solvents that are not listed in part 2 of these rules.
Solvent-contaminated wipes that contain listed hazardous wastes other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions in R 299.9204(1)(z) and (2)(q).
(cc) "Sorb"
means to adsorb or absorb, or both.
(dd) "Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both.
(ee) "Speculative
accumulation" means accumulation before being recycled. A material
is not accumulated speculatively if the person accumulating the material shows
that all of the following requirements are met:
(i) That the material is potentially recyclable and has a feasible means of being recycled.
(ii) That during the calendar
year commencing on January 1, the amount of material that is recycled or
transferred to a different site for recycling equals not less than 75% by
weight or volume of the amount of that material accumulated at the beginning of
the period. In calculating the percentage of turnover, the 75% requirement is
to be applied to each material of the same type that is recycled in the same
way. Materials accumulating in units whichthat would beare
exempt from regulation under R 299.9204(3)(a) or which are already
defined as wastes mustshall not be included in making the
calculation. Materials are no longer in this category once they are removed
from accumulation for recycling.
(iii) For hazardous
secondary materials being to be recycled under R 299.9232, R 299.9233,
or R 299.9234, the material is placed in a storage unit with a label
indicating the first date that the material began to be accumulated.
If placing a label on the storage unit is not practicable, the accumulation
period mustshall be documented through an inventory log or other
appropriate method.
(ff) "Spent
material" means any material that has been used and, because as
a result of contamination, can no longer serve the purpose for which it was
produced without processing.
(gg) "Staging pile" means an accumulation of solid, non-flowing remediation waste that is not a containment building and that is used only during remedial operations for temporary storage at a facility. Staging piles must be designated by the director under R 299.9638.
(hh) "State"
means any of the following:
(i) The several states.
(ii) The District of
Columbia.
(iii) The Commonwealth
of Puerto Rico.
(iv) The Virgin
Islands.
(v) Guam.
(vi) American Samoa.
(vii) The Commonwealth
of the Northern Mariana Islands.
(iihh)
"Storage" means the holding of hazardous waste for a temporary period
at the end of which the hazardous waste is treated, disposed of, or stored
elsewhere.
(jjii)
"Sump" means any pit or reservoir which satisfies the definition of "tank"
in R 299.9108 and those troughs or trenches connected to it
that serve to collect hazardous waste for transport to hazardous waste
storage, treatment, or disposal facilities. When used in conjunction with the
regulation of a landfill, surface impoundment, and waste pile, a sump means any
lined pit or reservoir that serves to collect liquids drained from a
leachate collection and removal system or leak detection system for later removal
from the system.
(kkjj)
"Surface impoundment" or "impoundment" means a treatment,
storage, or disposal facility or part of a treatment, storage, or disposal
facility that is a natural topographic depression, man‑made excavation,
or diked area formed primarily of earthen materials, although it may be lined
with man‑made materials, that is designed to hold an accumulation of
liquid wastes or wastes containing free liquids, and that is not an injection
well. Examples of surface impoundments are holding, storage, settling and
aeration pits, ponds, and lagoons.
(llkk)
"Surface water" means a body of water whose top surface is exposed to
the atmosphere and includes the Great Lakes, their connecting waters, all
inland lakes and ponds, rivers and streams, impoundments, open drains, and
other watercourses, except for drainage ways and ponds used solely for
wastewater conveyance, treatment, or control.
R 299.9108 Definitions; T.
Rule 108. As used in these rules:
(a) "Tank" means a stationary device that is designed to contain an accumulation of hazardous waste and that is constructed primarily of nonearthen materials, such as wood, concrete, steel, or plastic, that provide structural support.
(b) "Tank system" means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.
(c)
"TEQ" means toxicity equivalence, the international method of
relating the toxicity of various dioxin/furan congeners to the toxicity of
2,3,7,8‑tetrachlorodibenzo-p-dioxin.
(dc)
"Thermal treatment" means the treatment of hazardous waste in a
device that uses elevated temperatures as the primary means to change the
chemical, physical, or biological character or composition of the hazardous
waste. All of the following are examples of thermal treatment
processes:
(i) Incineration.
(ii) Molten salt.
(iii) Pyrolysis.
(iv) Calcination.
(v) Wet air oxidation.
(vi) Microwave discharge.
(ed)
"Thermostat" means a temperature control device that contains
metallic mercury in an ampule attached to a bimetal sensing element and
includes mercury‑containing ampules that have been removed from the
temperature control devices in compliance with the requirements of 40 CFR 273.13(c)(2)
or 273.33(c)(2).
(fe)
"Title II of the solid waste disposal act" means the sections of
Public Law 89‑272 specified in the act.
(gf)
"Totally enclosed treatment facility" means a facility for the
treatment of hazardous waste that is directly connected to an industrial
production process and that is constructed and operated in a manner that
prevents the release of any hazardous waste or any constituent of a hazardous
waste into the environment during treatment. An example is a pipe in which
waste acid is neutralized.
(hg) "Transfer
facility" means any transportation‑related facility, including
loading docks, parking areas, storage areas, and other similar areas, where
shipments of hazardous waste or hazardous secondary materials are held during
the normal course of transportation.
(ih)
"Transportation" means the movement of hazardous waste by air, rail,
highway, or water.
(ji)
"Transport vehicle" means a motor vehicle or railcar that is used for
the transportation of cargo by any mode. Each cargo‑carrying body, such
as a trailer or railroad freight car, is a separate transport vehicle.
(kj)
"Transporter" means a person whothat is engaged in the
off‑site transportation of hazardous waste by air, rail, highway, or
water.
(lk)
"Treatability study" means a study in which a hazardous waste is
subjected to a treatment process to determine any of the following:
(i) Whether the waste is amenable to the treatment process.
(ii) What pretreatment, if any, is required.
(iii) The optimal process conditions needed to achieve the desired treatment.
(iv) The efficiency of a treatment process for a specific waste or wastes.
(v) The characteristics
and volumes of residuals from a particular treatment process. Also included in
this definition for the purposes of the exemptions specified in
R 299.9204(7), (8), and (9) are liner compatibility, corrosion, and other
material compatibility studies and toxicological and health effects studies. A
treatability study is not a means to commercially treat or dispose of hazardous
waste.
(ml)
"Treatment" means any method, technique, or process, including
neutralization, that is designed to change the physical, chemical, or
biological character or composition of any hazardous waste to neutralize the
waste, to recover energy or material resources from the waste, or to render the
waste nonhazardous or less hazardous, safer to transport, store, or dispose of,
amenable to recovery or storage, or reduced in volume. Treatment includes any
activity in processing that is designed to change the physical form or chemical
composition of hazardous waste to render it nonhazardous.
(nm)
"Treatment facility" means a facility or part of a facility at which
hazardous waste, as defined by these rules, is subject to treatment.
(on) "Treatment
zone" means a soil area of the unsaturated zone of a land treatment unit
within which hazardous constituents are degraded, transformed, or immobilized.
(po)
"Trial burn" means a test that is conducted under the requirements of
an operating license to determine if the design of an incinerator or other
thermal treatment device is satisfactory.
(qp)
"Trial operation" means an incinerator test that is conducted under the
requirements of an operating license to determine if the operation of the incinerator
or other thermal treatment device is satisfactory.
R 299.9109 Definitions; U to Z.
Rule 109. As used in these rules:
(a) "Underground injection" or "well injection" means the subsurface emplacement of fluids through a bored, drilled, or driven well or through a dug well where the depth of the dug well is greater than the largest surface dimension.
(b) "Underground tank" means a device that satisfies the definition of "tank" specified in R 299.9108 and that has its entire surface area below the surface of, and covered by, the ground.
(c)
"Unexploded ordnance” means military munitions that have been primed,
fused, armed, or otherwise prepared for action, and have been fired, dropped,
launched, projected, or placed in such a manner that constitutes a
hazard to operations, installation, personnel, or material and remain
unexploded either by malfunction, design, or any other cause.
(d) "Unfit for use tank system" means a tank system that has been determined, through an integrity assessment or other inspection, to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.
(e) "United States" or "state" means any of the following:
(i) The 50 states.
(ii) The District of Columbia.
(iii) The Commonwealth of Puerto Rico.
(iv) The United States Virgin Islands.
(v) Guam.
(vi) American Samoa.
(vii) The Commonwealth of the Northern Mariana Islands.
(f) "United States
importer" means a person whothat has lawfully recognized
resident status within the United States and who brings in, or
arranges for the entry of, a shipment of hazardous waste into the United States
from a foreign country. A United States importer may be any of the following
persons:
(i) The person whothat
is liable for primary payment of any United States customs duties on the
hazardous waste.
(ii) An agent as that term is defined in R 299.9101.
(iii) The treatment, storage, or disposal facility designated on the manifest.
(iv) The importer of record as designated on the United States customs entry documents.
(v) The transporter whothat
carries the hazardous waste at the point of entry.
(vi) The consignee.
(g) "Universal waste" means any of the hazardous wastes that are identified in R 299.9228(1) and managed under R 299.9228.
(h) "Universal waste
handler" means a generator of universal waste or the owner or operator of
a facility, including all contiguous property, that receives universal waste
from other universal waste handlers, accumulates universal waste, and sends
universal waste to another universal waste handler, a destination facility, or
a foreign destination. The term uUniversal waste handler
does not include either of the following:
(i) A person whothat
treats, disposes of, or recycles universal waste, except as provided for in
40 CFR 273.13(a), (c), or (e) or 273.33(a), (c), or (e).
(ii) A person engaged in the off‑site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
(i) "Universal waste
large quantity handler" means a universal waste handler whothat
accumulates 5,000 kilograms or more total of universal waste at any time.
(j)
"Universal waste small quantity handler" means a universal waste
handler whothat does not accumulate 5,000 kilograms or more total
of universal waste at any time.
(k) "Universal waste transfer facility" means any transportation‑related facility, including loading docks, parking areas, storage areas, and other similar areas, where shipments of universal waste are held during the normal course of transportation for 10 days or less.
(l) "Universal waste transporter" means a person engaged in the off‑site transportation of universal waste by air, rail, highway, or water.
(m) "Unplanned episodic event" means an episodic event that the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or "acts of nature," such as a tornado, hurricane, or flood.
(n) "Unsaturated
zone" or "zone of aeration" means the zone between the
land surface and the water table.
(o) "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer and includes lower aquifers that are hydraulically interconnected with the aquifer within the facility's property boundary.
(p) "USC" means the United States Code.
(q) "USGS" means the United States Geological Survey.
(r) "USPS" means the United States Postal Service.
(s) "Used oil"
means any oil whichthat has been refined from crude oil, or any
synthetic oil, which has been used and as whichbecause as a
result of the use, is contaminated by physical or chemical impurities.
(t) "Used oil aboveground tank" means a tank that is used to store or process used oil and that is not an underground storage tank as that term is defined in 40 CFR 280.12.
(u) "Used oil aggregation point" means any site or facility that accepts, aggregates, or stores used oil that is collected only from other used oil generation sites owned or operated by the same owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of not more than 55 gallons. Used oil aggregation points may also accept used oil from household do‑it‑yourselfers.
(v) "Used oil burner" means a facility where off‑specification used oil, as defined in R 299.9809(1)(f), is burned for energy recovery in the devices identified in R 299.9814.
(w) "Used oil collection center" means any site or facility that has provided written notification of used oil management activities to the department and that accepts or aggregates and stores used oil collected from either of the following:
(i) Used oil generators
regulated under R 299.9810 whothat transport used oil to the
collection center in shipments of not more than 55 gallons under 40 CFR 279.24.
(ii) Household do-it-yourselfers.
(x) "Used oil existing tank" means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced, on or before October 15, 1996, the effective date of the amendments to these rules that establish the state's used oil program under RCRA. Installation commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the tank and if either of the following provisions applies:
(i) A continuous on‑site physical installation program has begun.
(ii) The owner or operator has entered into contractual obligations, that cannot be cancelled or modified without substantial loss, for installation of the tank system to be completed within a reasonable time.
(y) "Used oil fuel" means any fuel that is produced from used oil through processing, blending, or other treatment.
(z) "Used oil fuel
marketer" means any person whothat conducts either of the
following activities:
(i) Directs a shipment of
off‑specification used oil from his or herthe used oil fuel
market’s facility to a used oil burner.
(ii) First claims that the
used oil that is to be burned for energy recovery meets the used oil
specifications set forth in R 299.9809(1)(f).
(aa) "Used oil generator" means any person, by site, whose act or process produces used oil or whose act first causes the used oil to become subject to regulation.
(bb) "Used oil new tank" means a tank that is used for the storage or processing of used oil and for which installation has commenced after, October 15, 1996, the effective date of amendments to these rules that establish the state's used oil program under RCRA.
(cc) "Used oil processor/re‑refiner" means a facility that processes used oil.
(dd) "Used oil tank" means a stationary device that is designed to contain an accumulation of used oil and that is constructed primarily of nonearthen materials, such as wood, concrete, steel, or plastic, that provide structural support.
(ee) "Used oil transfer facility" means any transportation‑related facility, including loading docks, parking areas, storage areas, and other areas, where shipments of used oil are held for more than 24 hours and not more than 35 days during the normal course of transportation or before an activity performed under R 299.9813(1) or (2). Transfer facilities that store used oil for more than 35 days are subject to regulation under R 299.9813.
(ff) "Used oil
transporter" means any person whothat transports used oil, any
person whothat collects used oil from more than 1 generator and
transports the collected oil, and owners and operators of used oil transfer
facilities. Used oil transporters may consolidate or aggregate loads of used
oil for purposes of transportation, but with the following exception, may
not process used oil. Transporters may conduct incidental processing
operations that occur in the normal course of used oil transportation but that
are not designed to produce, or make more amenable for the production of, used
oil derived products or used oil fuel.
(gg) "User of the
electronic manifest system" means a generator, a transporter, an owner or
operator of a hazardous waste or recycling facility, or any other person
that is required to use a manifest to comply with any federal or state
requirement to track the shipment, transportation, and receipt of either
hazardous waste or other waste material that is shipped from the site of
generation to an off-site designated facility for treatment, storage,
recycling, or disposal, or rejected hazardous wastes or regulated container
residues that are shipped from a designated facility to an alternative facility
or returned to the generator and satisfies 1 or both of the following
requirements:
(i) Elects to use the electronic manifest system to obtain, complete, and transmit an electronic manifest format supplied by the system.
(ii) Elects to use the paper manifest form and submits to the electronic manifest system for data processing purposes a paper copy of the manifest, or the data from the paper copy, in accordance with 40 CFR 264.71(a)(2)(v) or 265.71(a)(2)(v). These paper copies are submitted for data exchange purposes only and are not the official copies of record for legal purposes.
(hh) "Vehicle"
means each separate conveyance used in the transportation of hazardous waste
that is 1 of the following:
(i) A railcar as that term is defined in 49 CFR 171.8.
(ii) A semitrailer, truck, or trailer as those terms are defined in act 300.
(iii) A truck tractor as that term is defined in act 300, only if the hazardous waste is actually transported in the cab of the vehicle.
(ii) "Very small
quantity generator" means a generator whothat generates less
than or equal to the following amounts in a calendar month:
(i) 100 kilograms of non-acute hazardous waste.
(ii) 1 kilogram of acute hazardous waste.
(iii) 1 kilogram of severely toxic hazardous waste.
(iv) 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste or severely toxic hazardous waste.
(jj) "Vessel"
means a watercraft that is used or is capable of being used as a means of
transportation on the water because as a result of flooding.
(llkk)
"Waste" means material that is defined as waste in R 299.9202.
(mmll)
"WIETS" means the EPA’s Waste Import Export Tracking System.
(nnmm)
"Waste management area" means the limit projected in the horizontal
plane of the area on which waste will beis placed during
the active life of a regulated unit and includes horizontal space taken up by
any liner, dike, or other barrier that is designed to contain waste in a
regulated unit. If the facility contains more than 1 regulated unit, then the
waste management area is described by an imaginary line circumscribing the
several regulated units.
(oonn)
"Wastewater treatment unit" means a device that satisfies all of the
following requirements:
(i) Is part of a
wastewater treatment facility that is subject to regulation under either
section 402 or 307(b) of the federal clean water act, 33 USC 1342 or 1317(b).
(ii) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in R 299.9203, generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in R 299.9203, or treats or stores a wastewater treatment sludge that is a hazardous waste as defined in R 299.9203.
(iii) Meets the definition of "tank" or "tank system" specified in R 299.9108.
(ppoo)
"Water (bulk shipment)" means the bulk transportation of hazardous
waste that is loaded or carried on board a vessel without containers or labels.
(qqpp)
"Well" means any shaft or pit that is dug or bored into the earth, that
is generally of a cylindrical form, and that is often walled with bricks or
tubing to prevent the earth from caving in.
(rrqq)
"Wetland" means the areas defined as wetlands in part 303 of the act,
MCL 324.30301 to 324.30328.
(ssrr)
"Wipe" means a woven or non-woven shop towel, rag, pad, or swab made
of wood pulp, fabric, cotton, polyester blends, or other material.
(ttss)
"Zone of engineering control" means an area that is under the control
of the owner or operator and that, upon detection of a hazardous waste
release, can be readily cleaned up before the release of hazardous waste or
hazardous constituents to groundwater or surface water.
PART 2. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
R 299.9201 Purpose and scope.
Rule 201. (1) This part
identifies only some of the materials whichthat are hazardous
wastes under sections 11146 and 11148 of part 111 of the act,
MCL 324.11146 and 324.11148. A material which is not a hazardous waste
identified in this part is still a hazardous waste for purposes of those
sections if, in the case of section 11146 of part 111 of the act, MCL 324.11146,
the director has reason to believe that the material may be a hazardous waste
within the meaning of section 11103 of part 111 of the act,
MCL 324.11103, and, in the case of section 11148 of part 111 of
the act, MCL 324.11148, the statutory elements are established.
(2) The explanation of waste contained in this part applies only to wastes that also are hazardous for purposes of the rules implementing part 111 of the act. For example, it does not apply to materials such as nonhazardous scrap, paper, textiles, and rubbers that are not otherwise hazardous wastes and are recycled.
R 299.9202 "Waste" explained.
Rule 202. (1) A
waste is any discarded material that is not excluded by R 299.9204 or that
is not excluded by a variance granted under subrules (6) and (7) of this rule.
A discarded material is any material that is any of the following:
(a) A material that is abandoned by being disposed of; burned or incinerated; accumulated, stored, or treated, but not recycled, before or instead of being abandoned by being disposed of, burned, or incinerated; or sham recycled.
(b) A material that is recycled, or accumulated, stored, or treated before recycling, and that meets 1 of the following criteria:
(i) It is a material listed in subrule (2) of this rule and is used in a manner constituting disposal by being either of the following:
(A) Applied to or placed on the land in a manner that constitutes disposal.
(B) Used to produce products that are applied to or are placed on the land or are otherwise contained in products that are applied to or placed on the land, in which cases the product itself remains a waste. A commercial chemical product listed in R 299.9214 is not a waste if it is applied to the land and that is its ordinary manner of use.
(ii) It is a material listed in subrule (2) of this rule and it is burned to recover energy, is used to produce a fuel, or is otherwise contained in fuels, in which cases the fuel itself remains a waste. A commercial chemical product listed in R 299.9214 is not a waste if it is itself a fuel.
(iii) It is a material listed in subrule (2)(a), (b), or (c) of this rule and it undergoes reclamation, except as provided for in R 299.9204(1)(v), (aa), (bb), and (cc).
(iv) It is a material listed in subrule (2)(a), (b), (c), or (d) of this rule and it undergoes speculative accumulation.
(v) It is an inherently waste‑like material, having a hazardous waste number of F020, F021, F022, F023, F026, or F028, or is another waste determined by the administrator based on both of the following criteria:
(A) The materials are ordinarily disposed of, burned, or incinerated or the materials contain toxic constituents that are listed in 40 CFR part 261, appendix VIII, and that are not ordinarily found in raw materials or products for which the materials substitute or are found in raw materials or products in smaller concentrations, and that are not used or reused during the recycling process.
(B) The material might pose a substantial hazard to human health and the environment when recycled.
(vi) It is an inherently
waste-like material that is a secondary material, that is fed to a halogen acid
furnace, and that exhibits a characteristic of a hazardous waste or is listed
as a hazardous waste under to part 2 of these rules, except for brominated
material that meets all of the following criteria:
(A) The material contains a bromine concentration of not less than 45%.
(B) The material contains less than a total of 1% of the toxic organic compounds listed in 40 CFR part 261, appendix VIII.
(C) The material is processed continually on‑site in the halogen acid furnace by direct conveyance such as hard piping.
(c) It is a military munition identified as a waste under R 299.9817.
(2) Any of the following materials may be wastes under subrule (1) of this rule:
(a) Spent materials.
(b) Sludges and by‑products listed in R 299.9220 to R 299.9222.
(c) Scrap metal that is not excluded under R 299.9204.
(d) Sludges and by‑products that exhibit a characteristic of hazardous waste.
(e) Commercial chemical products listed in R 299.9214.
(3) Except as provided in subrule (4) of this rule, materials are not wastes if they can be shown to be recycled by any of the following means:
(a) By being used or reused as ingredients in an industrial process to make a product if the materials are not being reclaimed.
(b) By being used or reused as effective substitutes for commercial products.
(c) By being returned to
the original process from which they are generated without first being
reclaimed or placed on the land. The material must be returned as a substitute
for feedstock materials. If the original process to which the material is
returned is a secondary process, then the materials must be managed so
that they are not placed on the land.
If the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion under R 299.9204(1)(v) apply rather than this subrule.
(4) All of the
following materials are wastes, even if the recycling involves use, reuse, or
return to the original process described in subrule (3) of this rule:
(a) Materials used in a manner constituting disposal or used to produce products that are applied to the land.
(b) Materials burned for energy recovery, used to produce a fuel, or contained in fuels.
(c) Materials accumulated speculatively. (d) Inherently waste‑like materials listed in subrule (1)(b)(v) and (vi) of this rule.
(5) Respondents in actions
to enforce regulations implementing part 111 of the act, MCL 324.11101
to 324.11153, who raise a claim that a certain material is not waste or is
conditionally exempt from regulation shall demonstrate that there is a known
market or disposition for the material and that the respondent meets the terms
of exclusion or exemption. In doing so, the respondent shall provide
appropriate documentation, such as contracts showing that a second person uses
the material as an ingredient in a production process, to demonstrate that the
material is not a waste or is exempt from regulation. In addition, owners or
operators of facilities claiming that they actually are recycling
materials shall show that they have the necessary equipment for recycling the
materials.
(6) The director may determine, on a case‑by‑case basis, that the following recycled materials are not wastes:
(a) Materials that are
accumulated speculatively without sufficient amounts being recycled, as
defined in R 299.9107.
(b) Materials that are
reclaimed and then reused within the original production process in
which they were generated.
(c) Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered.
(d) Hazardous secondary materials that are reclaimed in a continuous industrial process.
(e) Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate.
(7) The director shall use the standards, criteria, and procedures outlined in 40 CFR 260.31, 260.33, and 260.34 for making determinations under subrule (6) of this rule.
(8) Persons receiving a variance or determination under subrule (6) of this rule shall comply with the notification requirements of 40 CFR 260.42.
(9) 40 CFR 260.31, 260.33,
260.34, 260.42, 261.31, 261.32, and 261.33 are adopted by reference in
R 299.11003, with the exception that "director" replaces
"regional administrator" and "administrator,;"
"waste" replaces "solid waste,;"
"R 299.9202" replaces references to "261.2,;"
"R 299.9204" replaces references to "264.4,;"
"R 299.9204(1)(aa)" replaces references to "261.4(a)(24)
,;" and "Michigan site identification form, form
EQP5150" replaces references to "EPA Form 8700-12."
R 299.9203 "Hazardous waste" explained.
Rule 203. (1) A waste, as explained in R 299.9202, is a hazardous waste if it is not excluded from regulation pursuant to R 299.9204(1) or (2) and if it meets any of the following criteria:
(a) It exhibits any of the characteristics of hazardous waste identified in R 299.9212.
(b) It is listed in R 299.9213 or R 299.9214 and has not been excluded from the lists pursuant to R 299.9211.
(c) It is a mixture of a waste and 1 or more hazardous wastes that are listed in R 299.9213 or R 299.9214 and has not been excluded from this subdivision pursuant to R 299.9211 or subrule (7) or (8) of this rule; however, mixtures of wastes and hazardous wastes that are listed in R 299.9213 and R 299.9214 are not hazardous wastes, except by application of subdivision (a) or (b) of this subrule, if the generator can demonstrate that the mixture consists of wastewater which, with respect to discharge, is subject to regulation pursuant to either section 402 or section 307(b) of the federal clean water act, including wastewater at facilities that have eliminated the discharge of wastewater, and is 1 of the following:
(i) One or more of the following spent solvents that are listed in R 299.9213, if the maximum total weekly usage of the solvents, other than the amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system is not more than 1 part per million or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system, at facilities subject to regulation under parts 60, 61, or 63 of the federal clean air act or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions, is not more than 1 part per million on an average weekly basis:
(A) Carbon tetrachloride.
(B) Tetrachloroethylene.
(C) Trichloroethylene.
(D) Benzene.
(E) Scrubber waters derived from the combustion of the spent solvents listed in subparagraphs (A) to (D) of this paragraph.
Any facility that uses
benzene as a solvent and claims this exemption shall use an aerated biological
wastewater treatment system and only lined surface impoundments or tanks before
secondary clarification in the wastewater treatment system. Facilities that
choose to measure concentration levels shall file a copy of their sampling and analysis
plan with the director. A facility shall file a revised sampling and analysis
plan if the initial plan is rendered inaccurate by changes in the facility's
operations. The sampling and analysis plan shall include the monitoring point
location at the headworks, the sampling frequency and methodology, and a list
of constituents to be monitored. A facility shall be is eligible
for the direct monitoring option once it receives confirmation that the
sampling and analysis plan has been received by the director. The director may
reject the sampling and analysis plan if he or shethe director
finds that the sampling and analysis plan does not include the required
information, or the plan parameters do not enable the facility to
calculate the weekly average concentration of these chemicals accurately. If
the director rejects the sampling and analysis plan or finds that the facility
is not following the sampling and analysis plan, he or shethe
director shall notify the facility that it must cease the use of the direct
monitoring option until the bases for the rejection are corrected.
(ii) One or more of the
following spent solvents that are listed in R 299.9213, if the maximum
total weekly usage of the solvents, other than the amounts that can be
demonstrated not to be discharged to wastewater, divided by the average weekly
flow of wastewater into the headworks of the facility's wastewater treatment or
pretreatment system is not more than 25 parts per million or the
total measured concentration of these solvents entering the headworks of the
facility's wastewater treatment system, at facilities subject to regulation
under parts 60, 61, or 63 of the federal clean air act or at facilities
subject to an enforceable limit in a federal operating permit that minimizes
fugitive emissions, is not more than 25 parts per million on an average
weekly basis:
(A) Methylene chloride.
(B) 1,1,1‑Trichloroethane.
(C) Chlorobenzene.
(D) o‑dichlorobenzene.
(E) Cresols.
(F) Cresylic acid.
(G) Nitrobenzene.
(H) Toluene.
(I) Methyl ethyl ketone.
(J) Carbon disulfide.
(K) Isobutanol.
(L) Pyridine.
(M) Spent chlorofluorocarbon solvents.
(N) 2-ethoxyethanol.
(O) Scrubber waters derived from the combustion of the spent solvents listed in subparagraphs (A) to (N) of this paragraph.
Facilities that choose to
measure concentration levels shall file a copy of their sampling and
analysis plan with the director. A facility shall file a revised sampling and
analysis plan if the initial plan is rendered inaccurate by changes in the
facility's operations. The sampling and analysis plan shall include the
monitoring point location at the headworks, the sampling frequency and
methodology, and a list of constituents to be monitored. A facility shall
beis eligible for the direct monitoring option once they receive
confirmation that the sampling and analysis plan has been received by the
director. The director may reject the sampling and analysis plan if he or
shethe director finds that the sampling and analysis plan does not
include the required information, or the plan parameters do not enable the
facility to calculate the weekly average concentration of these chemicals
accurately. If the director rejects the sampling and analysis plan or finds
that the facility is not following the sampling and analysis plan, he or she
the director shall notify the facility that it must cease the use of
the direct monitoring option until the bases for the rejection are corrected.
(iii) One or more of the
following wastes that are listed in R 299.9213 if the wastes are
discharged to the refinery oil recovery sewer before primary oil/water/solids
separation.:
(A) Heat exchanger bundle cleaning sludge from the petroleum refining industry, K050.
(B) Crude oil storage tank sediment from petroleum refining operations, K169.
(C) Clarified slurry oil tank sediment or in-line filter/separation solids from petroleum refining operations, K170.
(D) Spent hydrotreating catalyst, K171.
(E) Spent hydrorefining catalyst, K172.
(iv) A discarded
hazardous waste, commercial chemical product, or chemical intermediate
listed in R 299.9213 or R 299.9214, arising from de minimis losses of
the materials from manufacturing operations in which the materials are used as
raw materials or are produced in the manufacturing process. For the purposes
of this paragraph, de minimis losses are inadvertent releases to a
wastewater treatment system, including any of the following:
(A) Losses from normal material handling operations, such as spills from the unloading or transfer of materials from bins or other containers or leaks from pipes, valves, or other devices that are used to transfer materials.
(B) Minor leaks of process equipment, storage tanks, or containers.
(C) Leaks from well‑maintained pump packings and seals.
(D) Sample purgings.
(E) Relief device discharges.
(F) Discharges from safety showers and the rinsing and cleaning of personal safety equipment.
(G) Rinsate from empty containers or from containers that are rendered empty by that rinsing.
Any manufacturing facility
that claims an exemption for de minimis quantities of wastes listed in
R 299.9214, or any nonmanufacturing facility that claims an exemption for
deminimis quantities of wastes listed in R 299.9213 or R 299.9214 shall either
have eliminated the discharge of wastewaters or have included in its federal
clean water act permit application or submission to its pretreatment control
authority the constituents for which each waste was listed in accordance with
40 C.F.R. part 261, appendix VII, and the
constituents identified in 40 C.F.R. §268.40 for
which each waste has a treatment standard. A facility shall beis
eligible to claim the exemption once notification of the possible deminimis releases
has been provided via the clean water act permit application or the
pretreatment control authority submission. A copy of the federal clean water
act permit application or the submission to the pretreatment control authority mustshall
be placed in the facility's on-site files.
(v) Wastewater
which results from laboratory operations and which contains toxic (T) wastes
listed in R 299.9213 or R 299.9214 if the annualized average flow of
laboratory wastewater is not more than 1% of total wastewater flow into the
headworks of the facility's wastewater treatment or pretreatment system or if
the wastes' combined annualized average concentration is not more than 1 part
per million in the headworks of the facility's wastewater treatment or
pretreatment facility. Toxic (T) wastes whichthat are used in
laboratories and which are demonstrated not to be discharged to
wastewater mustshall not be included in the calculation.
(vi) Wastewater from the
production of carbamates and carbamoyl oximes, K157, if the maximum weekly
usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine,
including all amounts that cannot be demonstrated to be reacted in the process,
destroyed through treatment, or recovered, divided by the average weekly flow
of process wastewater before any dilutions into the headworks of the facility's
wastewater treatment system is not more than a total of 5 parts per million by
weight or the total measured concentration of these chemicals entering the
headworks of the facility's wastewater treatment system is not more than
5 parts per million on an average weekly basis. Facilities that choose to
measure concentration levels shall file a copy of their sampling and analysis
plan with the director. A facility shall file a revised sampling and analysis
plan if the initial plan is rendered inaccurate by changes in the facility's
operations. The sampling and analysis plan mustshall include the
monitoring point location at the headworks, the sampling frequency and
methodology, and a list of constituents to be monitored. A facility shall
beis eligible for the direct monitoring option once it receives
confirmation that the sampling and analysis plan has been received by the
director. The director may reject the sampling and analysis plan if he or
she the director finds that the sampling and analysis plan does not
include the required information, or the plan parameters do not enable
the facility to calculate the weekly average concentration of these chemicals
accurately. If the director rejects the sampling and analysis plan or finds
that the facility is not following the sampling and analysis plan, he or she
the director shall notify the facility that it must cease the use of the
direct monitoring option until the bases for the rejection are corrected.
(vii) Wastewater derived
from the treatment of organic waste from the production of carbamates and
carbamoyl oximes, K156, if the maximum concentration of formaldehyde, methyl
chloride, methylene chloride, and triethylamine before any dilutions into the
headworks of the facility's wastewater treatment system is not more than a
total of 5 milligrams per liter or the total measured concentration of
these chemicals entering the headworks of the facility's wastewater treatment
system is not more than 5 milligrams per liter on an average weekly basis. Facilities
that choose to measure concentration levels shall file a copy of their sampling
and analysis plan with the director. A facility shall file a revised sampling
and analysis plan if the initial plan is rendered inaccurate by changes in the
facility's operations. The sampling and analysis plan mustshall include
the monitoring point location at the headworks, the sampling frequency and
methodology, and a list of constituents to be monitored. A facility shall
beis eligible for the direct monitoring option once it receives
confirmation that the sampling and analysis plan has been received by the
director. The director may reject the sampling and analysis plan if he or
she the director finds that the sampling and analysis plan does not
include the required information, or the plan parameters do not enable
the facility to calculate the weekly average concentration of these chemicals
accurately. If the director rejects the sampling and analysis plan or finds
that the facility is not following the sampling and analysis plan, he or she
the director shall notify the facility that it must cease the use of the
direct monitoring option until the bases for the rejection are corrected.
(d) It is a mixture of a waste and a hazardous waste that meets the characteristic of severe toxicity pursuant to R 299.9212(5).
(e) It is a used oil that
contains more than 1,000 parts per million total halogens. Used oil that
contains more than 1,000 parts per million is presumed to be a hazardous waste
and is regulated as a hazardous waste such under part 111 of the
act and these rules. A person may rebut the presumption by demonstrating that
the used oil does not contain hazardous waste. The demonstration may be made
by showing that the used oil does not contain significant concentrations of
halogenated hazardous constituents that are listed in 40 C.F.R.
part 261, appendix VIII. The rebuttable presumption rule does not apply to the
following materials:
(i) Metalworking oils or
fluids that contain chlorinated paraffins if the oils or fluids are processed
through a tolling agreement as specified in 40 C.F.R. §279.24(c)
to reclaim the oils or fluids. The rebuttable presumption does apply, however,
if the oils or fluids are recycled in any other another manner or
are disposed of.
(ii) Used oils that are
contaminated with chlorofluorocarbons whichthat have been removed
from refrigeration units if the chlorofluorocarbons are destined for
reclamation. The rebuttable presumption does apply, however, if the used oils
are contaminated with chlorofluorocarbons that have been mixed with used oil
from sources other than refrigeration units.
(2) A waste that is not excluded from regulation pursuant to R 299.9204(1) or (2) becomes a hazardous waste when any of the following events occur:
(a) In the case of a waste that is listed in R 299.9213 or R 299.9214, when the waste first meets the listing description.
(b)
In the case of a mixture of waste and one1 or more listed
hazardous wastes or severely toxic wastes, when a waste that is hazardous
pursuant to R 299.9212(5), R 299.9213, or R 299.9214 is first
added to the waste.
(c)
In the case of any other waste, including a waste mixture, when the
waste exhibits any of the characteristics identified in R 299.9212.
(3)
Unless and until it meets the criteria of subrule (5) of this rule, a
hazardous waste will remain a hazardous waste, and, except as provided in
subrules (4), (7), and (8) of this rule, any waste generated from the
treatment, storage, or disposal of a hazardous waste, including any sludge,
spill residue, ash, emission control dust, or leachate, but not including
precipitation runoff, is a hazardous waste. Materials that are reclaimed from
wastes and that are used beneficially are not wastes and hence are not
hazardous wastes pursuant to this subrule, unless the reclaimed material is
burned for energy recovery or used in a manner that constitutes disposal.
(4)
All of the following wastes are not hazardous even though they are
generated from the treatment, storage, or disposal of a hazardous waste, unless
they exhibit 1 or more of the characteristics of hazardous waste:
(a) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry, as defined by standard industrial codes 331 and 332 in the office of management and budget document entitled "Standard Industrial Classification Manual."
(b) Wastes from burning any of the materials exempted from regulation by R 299.9206(3)(c) to (f).
(c) Nonwastewater
residues, such as slag, which result from high temperature metals recovery
processing of K061, K062, or F006 waste in units identified as rotary kilns,
flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary
hearth furnace/electric furnace combinations, or industrial furnaces and
which are disposed of in units regulated under part 115 of the act, MCL
324.11501 to 324.11587, if the residues are in compliance comply with
the specified generic exclusion levels. Testing requirements mustshall
be incorporated in a facility's waste analysis plan or generator's self‑implementing
waste analysis plan. At a minimum, samples of residues mustshall
be collected and analyzed quarterly or when the process or operation generating
the waste changes. A person whothat claims this exclusion in an
enforcement action shall haves the burden of proving, by
clear and convincing evidence, that the material meets all of the following
exclusion requirements:
(i) For K061 and K062 nonwastewater high temperature metals recovery residues, the specified generic exclusion levels are as follows:
(A)
Antimony, 0.10 milligrams /per liter.
(B)
Arsenic, 0.50 milligrams /per liter.
(C)
Barium, 7.6 milligrams /per liter.
(D)
Beryllium, 0.010 milligrams /per liter.
(E)
Cadmium, 0.050 milligrams /per liter.
(F)
Chromium (total), 0.33 milligrams /per liter.
(G)
Lead, 0.15 milligrams /per liter.
(H)
Mercury, 0.009 milligrams /per liter.
(I)
Nickel, 1.0 milligrams /per liter.
(J)
Selenium, 0.16 milligrams /per liter.
(K)
Silver, 0.30 milligrams /per liter.
(L)
Thallium, 0.020 milligrams /per liter.
(M)
Zinc, 70 milligrams /per liter.
(ii) For F006 nonwastewater high temperature metals recovery residues, the specified generic exclusion levels are as follows:
(A)
Antimony, 0.10 milligrams /per liter.
(B)
Arsenic, 0.50 milligrams /per liter.
(C)
Barium, 7.6 milligrams /per liter.
(D)
Beryllium, 0.010 milligrams /per liter.
(E)
Cadmium, 0.050 milligrams /per liter.
(F)
Chromium (total), 0.33 milligrams /per liter.
(G) Cyanide (total), 1.8 mg/kg.
(H)
Lead, 0.15 milligrams /per liter.
(I)
Mercury, 0.009 milligrams /per liter.
(J)
Nickel, 1.0 milligrams /per liter.
(K)
Selenium, 0.16 milligrams /per liter.
(L)
Silver, 0.30 milligrams /per liter.
(M)
Thallium, 0.020 milligrams /per liter.
(N)
Zinc, 70 milligrams /per liter.
(iii)
For nonwastewater residues resulting from the high temperature metals recovery
processing of KO61, K062, or F006 waste which meet the generic exclusion levels
specified in this subdivision and which do not exhibit any hazardous waste
characteristic, and whichthat are sent to a unit regulated under
part 115 of the act, the person claiming the exclusion shall send a 1‑time
notification and certification to the director. The notification and
certification mustshall be in compliance with all of the
following provisions:
(A) The notification and certification shall be maintained at the facility.
(B)
The notification and certification mustshall be updated by the
person claiming the exclusion if the process or operation generating the waste
changes or if the unit regulated under part 115 of the act that is receiving
the waste changes. However, the director need only be notified on an annual
basis, by the end of the calendar year, if a change occurs.
(C)
The notification mustshall include all of the following
information:
(1) The name and address of the unit regulated under part 115 of the act that is receiving the waste shipment.
(2) The site identification number and treatability group of the waste at the initial point of generation.
(3) The treatment standards applicable to the waste at the initial point of generation.
(D)
The certification mustshall be signed by an authorized representative
and shall include the following statement: "I certify under
penalty of law that the generic exclusion levels for all constituents have been
met without impermissible dilution and that no characteristic of hazardous
waste is exhibited. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment."
(d) Biological treatment sludge from the treatment of organic wastes from the production of carbamates and carbamoyl oximes, K156, or wastewaters from the production of carbamates and carbamoyl oximes, K157.
(e) Catalyst inert support media separated from either or both of the following wastes listed in R 299.9213:
(i) Spent hydrotreating catalyst, K171.
(ii) Spent hydrorefining catalyst, K172.
(5)
Any waste that is described in subrule (3) of this rule is not a hazardous
waste if it is in compliesance with the following
criteria, as applicable:
(a)
In the case of any waste, it does not exhibit any of the characteristics of
hazardous waste that are identified in R 299.9212. However, a waste that
exhibits a characteristic at the point of generation may still be subject to
the requirements of 40 C.F.R. part 268, even if
the waste does not exhibit a characteristic at the point of land disposal.
(b) In the case of a waste which is listed in R 299.9212(5), R 299.9213, or R 299.9214, which contains a waste that is listed in these rules, or which is derived from a waste that is listed in these rules, the waste also has been excluded from regulation pursuant to R 299.9211.
(6)
Notwithstanding subrules (1) to (5) of this rule and if the debris, as defined
in 40 C.F.R. part 268, does not exhibit a
hazardous characteristic identified in R 299.9212, the following materials
are not subject to regulation under part 111 of the act and these rules, except
for R 299.9809 to R 299.9816:
(a)
Hazardous debris that has been treated using 1 of the required extraction or
destruction technologies specified in table 1 of 40 C.F.R.
§268.45. A person whothat claims this exclusion in an
enforcement action shall hasve the burden of proving, by
clear and convincing evidence, that the material meets all of the
exclusion requirements.
(b) Debris that the director, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.
(7)
A hazardous waste that is listed in R 299.9213 or R 299.9214 solely
because it exhibits 1 or more characteristics of ignitability,
corrosivity, or reactivity, as defined under R 299.9212, is not a
hazardous waste, if the waste no longer exhibits any characteristic of
hazardous waste identified in R 299.9212. However, the waste remains
subject to 40 C.F.R. part 268, as applicable,
even if the waste no longer exhibits a characteristic at the point of land
disposal. This exclusion is limited to any of the following:
(a) A mixture of a waste and a hazardous waste listed in R 299.9213 or R 299.9214 solely because it exhibits 1 or more characteristics of ignitability, corrosivity, or reactivity which is generated as a result of a cleanup conducted at the individual site of generation pursuant to part 31, part 111, part 201, part 213, or CERCLA.
(b) A waste generated from the treatment, storage, or disposal of a hazardous waste listed in R 299.9213 or R 299.9214 solely because it exhibits the characteristic of ignitability.
(c)
A mixture of a waste excluded from regulation under R 299.9204(2)(i) and a
hazardous waste listed in R 299.9213 or R 299.9214 solely because it
exhibits 1 or more of the characteristics of ignitability, corrosivity, or
reactivity which is generated because as a result of a cleanup
conducted at the individual site of generation pursuant to part 31, part 111,
part 201, part 213, or CERCLA.
(8) Hazardous waste that contains radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of R 299.9822 and R 299.9823. This exclusion is limited to either of the following:
(a) A mixture of a waste and an eligible radioactive mixed waste.
(b) A waste generated from the treatment, storage, or disposal of an eligible radioactive mixed waste.
(9) The office of management and budget document entitled "Standard Industrial Classification Manual" is adopted by reference in R 299.11007.
R 299.9204 Exclusions.
Rule 204. (1) The
following materials are not wastes underfor the purpose of part
111 of the act, MCL 324.11101 to 324.11153, and these rules:
(a) Domestic sewage and any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment, except as prohibited by R 299.9828 and the federal clean water act requirements of 40 CFR 403.5(b). Domestic sewage means untreated sanitary wastes that pass through a sewer system.
(b) Industrial wastewater discharges that are point source discharges subject to regulation under section 402 of the federal clean water act, 33 USC 1342, as amended, except for discharges to injection wells.
(c) Irrigation return flows.
(d) Source, special nuclear, or by‑product material as those terms are defined by the atomic energy act of 1954, 42 USC 2011 to 2296b-7, as amended.
(e) Materials that are subjected to in‑situ mining techniques and that are not removed from the ground as part of the extraction process.
(f) Pulping liquors that
are reclaimed in a pulping liquor recovery furnace and then reused in
the pulping process, unless the liquors are accumulated speculatively, as
defined in R 299.9107.
(g) Spent
sulfuric acid that is used to produce virgin sulfuric acid provided it is not
accumulated speculatively, as defined in R 299.9107.
(h) Secondary materials
that are reclaimed and returned to the original process or processes in which
they were generated and where they are reused in the production process, if all
of the following provisions apply:
(i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance.
(ii) The reclamation does not involve controlled flame combustion, such as occurs in boilers, industrial furnaces, or incinerators.
(iii) The secondary materials are not accumulated in the tanks for more than 12 months without being reclaimed.
(iv) The reclaimed material is not used to produce a fuel and is not used to produce products that are used in a manner that constitutes disposal.
(i) Spent wood preserving solutions that have been reclaimed and that are reused for their original intended purpose.
(j) Wastewaters from the wood preserving process that have been reclaimed and that are reused to treat wood.
(k) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, if the residue, if shipped, is shipped, in containers and is not land disposed before recovery.
(l) Oil-bearing hazardous secondary materials, such as sludges, by-products, and spent materials, that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911), including distillation, catalytic cracking, fractionation, or thermal cracking units, unless the material is placed on the land, or accumulated speculatively before being so recycled. Materials inserted into thermal cracking units are excluded under this subdivision if the coke product does not exhibit a characteristic of a hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another refinery, and still be excluded under this subdivision. Except as provided for in subdivision (m) of this subrule, oil‑bearing hazardous secondary materials generated elsewhere in the petroleum industry are not excluded under this subdivision. Residuals generated from processing or recycling materials excluded under this subdivision, where the materials as generated would have otherwise met a listing under R 299.9213 or R 299.9214, are designated as F037 wastes when disposed of or intended for disposal.
(m) Recovered oil that is recycled in the same manner and with the same conditions as described in subdivision (l) of this subrule. Recovered oil is oil that has been reclaimed from secondary materials, including wastewater, generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4789, 4922, 4923, 5171, and 5172). Recovered oil does not include oil‑bearing hazardous wastes listed in part 2 of these rules. However, oil recovered from oil‑bearing hazardous wastes listed in part 2 of these rules may be considered recovered oil. Recovered oil also does not include used oil as that term is defined in R 299.9109.
(n) EPA hazardous waste numbers K060, K087, K141, K142, K143, K144, K145, K147, and K148 and any wastes from the coke by‑products processes that are hazardous only because they exhibit the toxicity characteristic specified in R 299.9212 when, after generation, the materials are recycled to coke ovens or to the tar recovery process as a feedstock to produce coal tar or are mixed with coal tar before the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point that the wastes are generated to the point that they are recycled to coke ovens or tar recovery or refining processes or are mixed with coal tar.
(o) Materials that are reclaimed from used oil and that are used beneficially if the materials are not burned for energy recovery or used in a manner that constitutes disposal of the materials.
(p) Excluded scrap metal that is being recycled.
(q) Shredded circuit boards that are being recycled if both of the following requirements are met:
(i) The shredded circuit boards are stored in containers sufficient to prevent a release to the environment before recovery.
(ii) The shredded circuit boards are free of mercury switches, mercury relays, and nickel‑cadmium batteries and lithium batteries.
(r) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). This exemption applies only to combustion at the mill generating the condensates.
(s) Petrochemical
recovered oil from an associated organic chemical manufacturing facility, where
the oil is to be inserted into the petroleum refining process (SIC code
2911) along with normal petroleum refinery process streams, if both the
following requirements are met:
(i) The oil is hazardous only because it exhibits the characteristic of ignitability as defined in R 299.9212 or toxicity for benzene as defined in R 299.9212 and R 299.9217.
(ii) The oil generated by the organic chemical manufacturing facility is not placed on the land or speculatively accumulated before being recycled into the petroleum refining process.
(t) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land or speculatively accumulated.
(u) Before reuse, the wood
preserving wastewaters and spent wood preserving solutions described in
subdivisions (i) and (j) of this subrule if all of the following
requirements are met:
(i) The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended use.
(ii) Before reuse, the wastewaters and spent wood preserving solutions are managed to prevent releases to either the land or groundwater or both.
(iii) Units used to manage wastewaters or spent wood preserving solutions before reuse can be visually or otherwise determined to prevent releases to either land or groundwater.
(iv) Drip pads used to
manage the wastewaters or spent wood preserving solutions before reuse are
in compliancecomply with 40 CFR part 265, subpart W,
regardless of whether the plant generates a total of less than 1,000 kilograms
per month of hazardous waste.
(v) Before operating under
this exclusion, the plant owner or operator complies with all of the
following requirements; otherwise the exclusion shallmust not
apply:
(A) Submits a 1-time
notification to the director stating that the plant intends to claim the
exclusion, giving the date on which the plant intends to begin operating
under the exclusion, and containing the following language: "I have read
the applicable regulation establishing an exclusion for wood preserving
wastewaters and spent wood preserving solutions and understand it requires me
to comply at all times with the conditions set out in the regulations."
(B) The owner or operator maintains a copy of the 1-time notification required under paragraph (v) of this subdivision in its on-site records until closure of the facility.
(C) If the plant voids
the exclusion by not complying with the exclusion conditions and wishes to have
its wastes excluded again, it shall apply to the director for reinstatement.
The director may reinstate the exclusion upon finding that the plant has
returned to compliance with all of the conditions and that violations
are not likely to recur.
(v) Spent materials, other
than hazardous waste listed under R 299.9213 or R 299.9214, that are
generated within the primary mineral processing industry from which minerals,
acids, cyanide, water, or other values are recovered by mineral processing or
by beneficiation if all of the following requirements are met:
(i) The spent material is legitimately recycled to recover minerals, acids, cyanide, water, or other values.
(ii) The spent material is not speculatively accumulated.
(iii) Except as provided under paragraph (iv) of this subdivision, the spent material is stored in tanks, containers, or buildings that meet the following requirements as applicable:
(A) If using
a building, the building must be an engineered structure with a floor, walls,
and a roof all of which are made of non-earthen materials providing
structural support, except smelter buildings which may have partially earthen
floors provided thatif the spent material is stored on the
non-earthen portion, hasve a roof that is suitable for diverting
rainwater away from the foundation, and be is designed,
constructed, and operated to prevent significant releases of the material to
the environment.
(B) If using a tank, the tank must be free standing, not meet the definition of a surface impoundment, be manufactured of a material suitable for containment of its contents, be operated in a manner that controls fugitive dust if the tank contains any particulate that may be subject to wind dispersal, and be designed, constructed, and operated to prevent significant releases of the material to the environment.
(C) If using a container, the container must be free standing and be manufactured of a material suitable for containment of its contents, be operated in a manner that controls fugitive dust if the container contains any particulate that may be subject to wind dispersal, and be designed, constructed, and operated to prevent significant releases of the material to the environment.
(iv) The spent materials
are placed on pads if all of the following requirements are met:
(A) The solid mineral processing spent materials do not contain any free liquid.
(B) The pad is designed, constructed, and operated to prevent significant releases of the spent material into the environment.
(C) The pad provides the same degree of containment afforded by non-RCRA tanks, containers, and buildings eligible for this exclusion.
(D) The pad is designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material.
(E) The pad is capable of withstanding physical stresses associated with placement and removal.
(F) The pad has run-on/run-off controls.
(G) The pad is operated in a manner that controls fugitive dust.
(H) The integrity of the pad is ensured through inspections and maintenance programs.
(I) The director makes a
site-specific determination that the materials may be placed on a pad rather
than in tanks, containers, or buildings. In making a determination, the
director shall consider whether storage on a pad poses the potential for
significant releases via groundwater, surface water, and air exposure
pathways. When assessing the groundwater, surface water, and air exposure
pathways, the director shall consider the volume and physical and chemical
properties of the spent material, including its potential for migration off
of the pad, the potential for human or environmental exposure to hazardous
constituents migrating from the pad via each exposure pathway, and the
possibility and extent of harm to human and environmental receptors via each
exposure pathway. Before making a determination, the director shall provide
notice and the opportunity for comment to all persons potentially interested in
the determination. Notice may be accomplished by placing notice of the action
in major local newspapers or broadcasting notice over local radio stations.
(v) The owner or operator provides notice to the director that provides the following information and is updated if there is a change in the type of materials recycled or the location of the recycling process:
(A) The types of
materials to be recycled.
(B) The type and location of storage units and recycling processes.
(C) The annual quantities expected to be placed in land-based units.
(vi) For the purposes
of the exclusion under R 299.9204(2)(i), mineral processing spent
materials must be the result of mineral processing and may not include any
hazardous wastes listed under R 299.9213 or R 299.9214. Listed
hazardous wastes and characteristic hazardous wastes generated by
non-mineral processing industries are not eligible for the conditional exclusion
from the definition of waste.
(w) Hazardous secondary
materials used to make zinc fertilizers, if the following conditions are
met:
(i) Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively.
(ii) Generators and
intermediate handlers of zinc-bearing hazardous secondary materials that are
to be incorporated into zinc fertilizers shall comply with all of the
following requirements:
(A) Submit a 1-time
notice to the director that contains the name, address, and site identification
number of the generator or intermediate handler facility, provides a brief
description of the secondary material that will beis subject to
the exclusion, and identifies when the manufacturer intends to begin managing
excluded, zinc-bearing hazardous secondary materials under the conditions of
this subdivision.
(B) Store the excluded
secondary material in buildings, tanks, or containers that are constructed and
maintained in a way that prevents releases of the secondary materials into the
environment. At a minimum, any building used for this purpose must be an
engineered structure made of non‑earthen materials that provide
structural support, and must have a floor, walls, and a roof that
prevent wind dispersal and contact with rainwater. Tanks used for this purpose
must be structurally sound and, if outdoors, must have roofs or covers that
prevent contact with wind and rain. Containers that are used for this purpose must
be keptremain closed except when it is necessary to add or remove
material, and must be in sound condition. Containers that are
stored outdoors must be managed within storage areas that have containment
structures or systems sufficiently impervious to contain leaks, spills, and
accumulated precipitation; provide for effective drainage and removal of leaks,
spills, and accumulated precipitation; and prevent run‑on into the
containment system.
(C) With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this subdivision.
(D) Maintain at the generator's or intermediate handler's facility for not less than 3 years records of all shipments of excluded hazardous secondary materials. At a minimum, the records for each shipment must include the name of the transporter, the date of the shipment, the name and address of the facility that received the excluded material, documentation confirming receipt of the shipment, and the type and quantity of excluded secondary material in each shipment.
(iii) Manufacturers of
zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous
secondary materials shall comply with all of the following requirements:
(A) Store excluded hazardous secondary material under the storage requirements for generators and intermediate handlers, as specified in paragraph (ii) of this subdivision.
(B) Submit a 1-time notification to the director which contains the name, address, and site identification number of the manufacturing facility and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions of this subdivision.
(C) Maintain for not less than 3 years records of all shipments of excluded hazardous secondary materials received by the manufacturer. At a minimum, the records for each shipment must include the name and address of the generating facility, the name of the transporter, the date the materials were received, the quantity of materials received, and a brief description of the industrial process that generated the material.
(D) Submit to the director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process from which they were generated.
(iv) Nothing in this
subdivision preempts, overrides, or otherwise negates the requirements of
R 299.9302, whichthat requires any person whothat
generates a waste to determine if the waste is a hazardous waste.
(v) Interim status and
licensed storage units that have been used to store only zinc‑bearing
hazardous wastes before the submission of the 1-time notice described in
paragraph (ii) of this subdivision, and that afterward will beis
used only to store hazardous secondary materials excluded under this
subdivision, are not subject to the closure requirements of part 6 of these
rules.
(x) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under subdivision (w) of this subrule, if the following conditions are met:
(i) The fertilizers meet the following contaminant limits, established as the maximum allowable total concentration in fertilizer per 1% of zinc, for metal contaminants:
(A) Arsenic, 0.3 parts per million.
(B) Cadmium, 1.4 parts per million.
(C) Chromium, 0.6 parts per million.
(D) Lead, 2.8 parts per million.
(E) Mercury, 0.3 parts per million.
(ii) The fertilizers meet the contaminant limit for dioxin contaminants of not more than 8 parts per trillion of dioxin, measured as toxic equivalent.
(iii) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals not less than every 6 months, and for dioxins not less than every 12 months. Testing must also be performed when changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical methods to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. The manufacturer shall ensure that the sampling and analysis are unbiased, precise, and representative of the products introduced into commerce.
(iv) The manufacturer
maintains for not less than 3 years records of all sampling and analysis
performed for the purposes of determining compliance with the
requirements of paragraph (iii) of this subdivision. At a minimum, the records
must include all of the following:
(A) The dates and times product samples were taken, and the dates the samples were analyzed.
(B) The names and qualifications of the persons taking the samples.
(C) A description of the methods and equipment used to take the samples.
(D) The name and address of the laboratory facility at which analyses of the samples were performed.
(E) A description of the analytical methods used, including any cleanup and sample preparation methods.
(F) All laboratory analytical results used to determine compliance with the contaminant limits specified in paragraphs (i) and (ii) of this subdivision.
(y) Used CRTs that meet any of the following requirements:
(i) Used, intact CRTs unless they are disposed or are speculatively accumulated by CRT collectors or glass processors.
(ii) Used, intact CRTs when exported for recycling if they meet the requirements of R 299.9231(5).
(iii) Used, broken CRTs if they meet the requirements of R 299.9231(1) and (2).
(iv) Glass removed from CRTs if it meets the requirements of R 299.9231(3).
(z) Solvent-contaminated
wipes that are sent for cleaning and reuse are not wastes at the point of
generation if all of the following requirements are met:
(i) The wipes, when
accumulated, stored, and transported, are contained in non‑leaking,
closed containers that are labeled "Excluded Solvent-Contaminated Wipes."
The containers must be able to contain free liquids, if free liquids
occur. During accumulation, a container is considered closed if there is
complete contact between the fitted lid and the rim, except when it is
necessary to add or remove wipes. If the container is full, the wipes are no
longer being accumulated, or the container is being transported, the container must
be sealed with all lids properly and securely affixed to the container and all
openings tightly bound or closed sufficiently to prevent leaks and emissions.
(ii) The wipes must not
be accumulated by the generator for more than 180 days fromafter
the start date of accumulation for each container before being sent for
cleaning.
(iii) At the point of being sent for cleaning on-site or at the point of being transported off‑site for cleaning, the wipes must contain no free liquids.
(iv) Free liquids removed from the wipes or from the container holding the wipes must be managed in accordance with these rules.
(v) Generators shall maintain
at their site all of the following:
(A) The name and address of the laundry or dry cleaner that is receiving the wipes.
(B) Documentation that the 180-day accumulation time limit in paragraph (ii) of this subdivision is being met.
(C) A description of the process the generator is using to ensure that the wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off‑site for laundering or dry cleaning.
(vi) The wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated under sections 301 and 402 or section 307 of the federal clean water act, 33 USC 1311, 1341, and 1317.
(aa) Hazardous secondary
material that is generated and legitimately reclaimed within the United States
or its territories and under the control of the generator, if all of the
following requirements are met:
(i) The hazardous secondary material is generated and reclaimed in accordance with any of the following conditions:
(A) It is reclaimed at
the generating facility. For the purpose of this requirement, the
generating facility means all contiguous property owned, leased, or otherwise
controlled by the hazardous secondary material generator.
(B) It is reclaimed at a different facility that is controlled by the generator, and the generator provides the following certification to the department: "On behalf of [insert generating facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaiming facility name], which is controlled by [insert generating facility name] and that [insert name of either generating or reclaiming facility name] has acknowledged full responsibility for the safe management of the secondary hazardous material."
(C) It is reclaimed at a
different facility and both the generating facility and the reclaiming facility
are controlled by the same person, and the generator provides the following
certification to the department: "On behalf of [insert generating
facility name], I certify that this facility will send the indicated hazardous
secondary material to [insert reclaiming facility name], that both facilities are
under common control, and that [insert name of either generating or reclaiming
facility name] has acknowledged full responsibility for the safe management of
the secondary hazardous material." For the purpose of this
requirement, "control" means the power to direct the policies of the
facility, whether by the ownership of stock, voting rights, or otherwise,
except that contractors whothat operate facilities on
behalf of a different person shall not be considered to "control" the
facilities. The generating and reclaiming facilities mustshall both
maintain at their facilities for not less than 3 years records of
hazardous secondary materials sent or received under this exclusion. In both
cases, the records must contain the name of the transporter, the date of the
shipment, and the type and quantity of the hazardous secondary material shipped
or received under this exclusion. These requirements may be satisfied by
routine business records, such as financial records, bills of lading,
copies of DOT shipping papers, or electronic confirmations of receipt.
(D) The hazardous
secondary material is generated under a written contract between a tolling
contractor and a toll manufacturer and is reclaimed by the tolling contractor
if the tolling contractor certifies the following: "On behalf of [insert
tolling contractor name], I certify that [insert tolling contractor name] has a
written contract with [insert toll manufacturer name] to manufacture [insert
name of product or intermediate] which is made from specified unused materials,
and that [insert tolling contractor name] will reclaim the hazardous secondary
materials generated during this manufacture. On behalf of [insert tolling
contractor name], I also certify that [insert tolling contractor name] retains
ownership of, and responsibility for, the hazardous secondary materials that
are generated during the manufacture, including any releases of hazardous
secondary materials that occur during the manufacturing process." The tolling
contractor shall maintain at its facility for not less than 3 years records of
hazardous secondary materials received under its written contract with the toll
manufacturer, and the toll manufacturer shall maintain at its facility for not
less than 3 years records of hazardous secondary materials shipped under its
written contract with the tolling contractor. In both cases, the records must contain
the name of the transporter, the date of the shipment, and the type and
quantity of the hazardous secondary materials shipped or received under the
written contract. These requirements may be satisfied by routine business
records, such as financial records, bills of lading, copies of DOT
shipping papers, or electronic confirmations of receipt. For the purpose of
this requirement, "tolling contractor" means a person whothat
arranges for the production of a product or intermediate made from specified
unused materials through a written contract with a toll manufacturer and
"toll manufacturer" means a person whothat produces a
product or intermediate made from specified unused materials under a written
contract with a tolling contractor.
(ii) The hazardous secondary material is contained. A hazardous secondary material that is released to the environment is discarded and a waste unless it is immediately recovered for reclamation. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a waste.
(iii) The hazardous secondary material is not speculatively accumulated.
(iv) A notification is provided in accordance with 40 CFR 260.42.
(v) The hazardous secondary material is not otherwise subject to material-specific management conditions under this subrule when reclaimed, and it is not a spent lead‑acid battery.
(vi) A person performing the recycling of hazardous secondary materials under this exclusion shall maintain documentation of their legitimacy determination on-site. The documentation must include a written description of how the recycling meets all 3 factors in R 299.9232 and be maintained for 3 years after the recycling operation has ceased.
(vii) The emergency preparedness and response requirements of R 299.9234.
(bb) Hazardous secondary
material that is generated and then transferred to another person for reclamation
if all of the following requirements are met:
(i) The hazardous secondary material is not speculatively accumulated.
(ii) The hazardous secondary material is not handled by any person or facility other than the hazardous secondary material generator, the transporter, an intermediate facility, or a reclaimer, and while in transport, is not stored for more than 10 days at a transfer facility and is packaged in accordance with applicable DOT regulations in 49 CFR parts 173, 178, and 179.
(iii) The hazardous secondary material is not otherwise subject to material-specific management conditions under this subrule when reclaimed, and it is not a spent lead‑acid battery.
(iv) The reclamation of the hazardous secondary material is legitimate as outlined in R 299.9232.
(v) The hazardous secondary
material generator meets all of the following conditions:
(A) The hazardous
secondary material is contained. A hazardous secondary material that is
released to the environment is discarded and a waste unless it is immediately
recovered for the purpose of recycling. Hazardous secondary material
managed in a unit with leaks or other continuing or intermittent unpermitted
releases is discarded and a waste.
(B) Before arranging for
transport of hazardous secondary materials to a reclamation facility or
facilities where the management of the hazardous secondary materials is not
addressed under an operating license issued under these rules or by the interim
status standards in part 6 of these rules, the hazardous secondary material generator
shall make reasonable efforts to ensure that each reclaimer intends to properly
and legitimately reclaim the hazardous secondary material and not discard it,
and that each reclaimer will manage the hazardous secondary material in a
manner that is protective of human health and the environment. If the
hazardous secondary material will be passing through an intermediate facility
where the management of the hazardous secondary material is not addressed under
an operating license issued under these rules or by the interim status
standards under part 6 of these rules, the hazardous secondary material
generator shall make contractual arrangements with the intermediate facility to
ensure that the material is sent to the reclamation facility identified by the
generator, and make reasonable efforts to ensure that the intermediate facility
will manage the hazardous secondary material in a manner that is protective of
human health and the environment. The hazardous secondary material generator
shall repeat these reasonable efforts every 3 years at a minimum to claim the
exclusion and send the hazardous secondary materials to each reclaimer and any
intermediate facility. In making these reasonable efforts, the hazardous
material generator may use any credible evidence available, including information
gathered by the generator, provided by the reclaimer or intermediate facility,
or provided by a third party. The hazardous secondary material generator shall
confirm that all of the following requirements are met for each reclamation
facility and any intermediate facility:
(I) The available
information indicates that the reclamation process is legitimate under R 299.9232.
In evaluating this requirement, the hazardous secondary material generator may
rely on their existing knowledge of the physical and chemical properties of the
hazardous secondary material, as well asand information from
other sources about the reclamation process.
(II) The publicly available information indicates that the reclamation facility and any intermediate facility used by the hazardous secondary material generator has notified the appropriate authorities of the hazardous secondary materials reclamation activities under 40 CFR 260.42, and that the financial assurance requirements of paragraph (vi)(F) of this subdivision have been satisfied. In evaluating this requirement, the hazardous secondary material generator may rely on the available information documenting the reclamation facility’s and any intermediate facility’s compliance with the notification requirements of 40 CFR 260.42, including the requirement in 40 CFR 260.42(a)(5).
(III) The publicly
available information indicates that the reclamation facility or any
intermediate facility used by the hazardous secondary material generator has
not had a formal enforcement action taken against the facility in the previous 3
years for violations of part 111 of the act, MCL 324.11101 to 324.11153, and
these rules and has not been classified as a significant non-complier under
RCRA. In evaluating this requirement, the hazardous secondary material
generator may rely on the publicly available information from this state or the
EPA. If the reclamation facility or any intermediate facility that is used by
the hazardous secondary material generator has had a formal enforcement action
taken against the facility in the previous 3 years for violations of part
111 of the act, MCL 324.11101 to 324.11153, and these rules, the
generator mustshall have credible evidence that the facility will
manage the hazardous secondary materials in accordance with the applicable
regulations. The hazardous secondary material generator may obtain additional
information from this state, the EPA, or the facility itself that the facility
has addressed the violations, taken remedial steps to address the violations
and prevent future violations, or that the violations are not relevant to the
proper management of the hazardous secondary materials.
(IV) The publicly
available information indicates that the reclamation facility or any
intermediate facility used by the hazardous secondary material generator has
the equipment and trained personnel to safely recycle the hazardous secondary
material. In evaluating this requirement, the hazardous secondary material
generator may rely on a description by the reclamation facility or by an
independent third-party of the equipment and trained personnel to be
used to recycle the generator’s hazardous secondary material.
(V) If residuals are
generated from the reclamation of the excluded hazardous secondary materials,
the reclamation facility shall have the licenses required, if any, to manage
the residuals. If the reclamation facility does not have the required licenses,
the facility shall have a contract with an appropriately licensed facility to
dispose of the residuals. If the reclamation facility does not have the
required licenses or contracts, the hazardous secondary material generator
shall alternatively have credible evidence that the residuals will beare
managed in a manner that is protective of human health and the environment. In
evaluating these requirements, the hazardous secondary material generator may
rely on publicly available information from this state, or the
EPA, or information provided by the facility itself.
(C) The hazardous
secondary material generator shall maintain at the generating facility for not
less than 3 years documentation and certification that reasonable efforts were
made for each reclamation facility and, if applicable, intermediate facility
where the management of the hazardous secondary material is not addressed under
an operating license issued under these rules or by the interim status
standards of part 6 of these rules before transferring hazardous secondary
material. The documentation and certification must be made available upon
request by the department within 72 hours, or within a longer time period
of time as approved by the department. The certification statement must
include all of the following information:
(I) The printed and official title of an authorized representative of the hazardous secondary material generator company, the authorized representative’s signature, and the date signed.
(II) The following
language: "I hereby certify in good faith and to the best of my knowledge
that, before arranging for transport of excluded hazardous secondary materials
to [insert name(s) of reclamation facility and any intermediate facility], reasonable
efforts were made in accordance with R 299.9204(1)(bb)(v)(B) to ensure
that the hazardous secondary materials would beare recycled
legitimately, and otherwise managed in a manner that is protective of human
health and the environment, and that the efforts were based on current and
accurate information."
(D) The hazardous
secondary material generator shall maintain at the generator facility for not
less than 3 years records of all off-site shipments of hazardous secondary
materials. For each shipment, these records must, at a minimum, contain all of
the following information:
(I) The name of the transporter and date of the shipment.
(II) The name and address of each reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.
(III) The type and quantity of hazardous secondary material in the shipment.
(E) The hazardous
secondary material generator shall maintain for not less than 3 years confirmations
of after receipt from each reclaimer and, if applicable, each
intermediate facility for all off‑site shipments of hazardous secondary
materials.
(F) The emergency preparedness and response requirements of R 299.9234.
(vi) Reclaimers of
hazardous secondary material excluded from regulation under this exclusion and
intermediate facilities meet all of the following conditions:
(A) The reclaimer and intermediate facility shall maintain at its facility for not less than 3 years records of all shipments of hazardous secondary material that were received at the facility and, if applicable, for all shipments of hazardous secondary material that were received and subsequently sent off-site from the facility for further reclamation. For each shipment, these records must, at a minimum, include the name of the transporter and date of the shipment, the name and address of the hazardous secondary material generator and, if applicable, the name and address of the reclaimer or intermediate facility which the hazardous secondary material was received from, the type and quantity of hazardous secondary material in the shipment, and for hazardous secondary materials that, after being received by the reclaimer or intermediate facility, were subsequently transferred off‑site for further reclamation, the name and address of the subsequent reclaimer, and if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.
(B) The intermediate facility shall send the hazardous secondary material to the reclaimer or reclaimers designated by the hazardous secondary material generator.
(C) The reclaimer and intermediate facility shall send the hazardous secondary material generator confirmations of receipt for all off-site shipments of hazardous secondary material. Confirmations of receipt must include the name and address of the reclaimer or intermediate facility, the type and quantity of hazardous secondary material received, and the date that the hazardous secondary material was received. This requirement may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.
(D) The reclaimer and intermediate facility shall manage the hazardous secondary material in a manner that is at least as protective as that employed for analogous raw material and that is contained. An "analogous raw material" is a raw material for which a hazardous secondary material is a substitute and serves the same function and has similar physical and chemical properties as the hazardous secondary material.
(E) Any residuals that are generated from reclamation processes must be managed in a manner that is protective of human health and the environment. If any residuals exhibit a hazardous characteristic according to part 2 of these rules, or they themselves are specifically listed in part 2 of these rules, the residuals are hazardous waste and must be managed in accordance with the applicable requirements of these rules.
(F) The reclaimer and intermediate facility shall have financial assurance as required under part 7 of these rules.
(G) The reclaimer and intermediate facility shall have an operating license issued under these rules or comply with the interim status standards under part 6 of these rules that address the management of the hazardous secondary materials.
(vii) All persons claiming the exclusion under this subdivision shall provide notification as required under 40 CFR 260.42.
(cc) Hazardous secondary
material that is generated and then transferred to another person for
remanufacturing if all of the following requirements are met:
(i) The hazardous secondary material consists of 1 or more of the following spent solvents:
(A) Toluene.
(B) Xylenes.
(C) Ethylbenzene.
(D) 1,2,4-trimethylbenzene.
(E) Chlorobenzene.
(F) n-hexane.
(G) Cyclohexane.
(H) Methyl tert-butyl ether.
(I) Acetonitrile.
(J) Chloroform.
(K) Chloromethane.
(L) Dichloromethane.
(M) Methyl isobutyl ketone.
(N) NN-dimethylformamide.
(O) Tetrahydrofuran.
(P) n-butyl alcohol.
(Q) Ethanol.
(R) Methanol.
(ii) The hazardous secondary material originated from using 1 or more of the solvents listed in paragraph (i) of this subdivision in a commercial grade for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or paints and coatings manufacturing (NAICS 325510) sectors.
(iii) The hazardous secondary material generator sends the hazardous secondary material spent solvents listed in paragraph (i) of this subdivision to a remanufacturer in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or paints and coatings manufacturing (NAICS 325510) sectors.
(iv) After manufacturing 1 or more of the solvents listed in paragraph (i) of this subdivision, the use of the remanufactured solvent is limited to reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or paints and coatings manufacturing (NAICS 325510) sectors or to using them as ingredients in a product. These allowed uses correspond to chemical functional uses enumerated under the chemical data reporting rules of the toxic substances control act, 40 CFR parts 704, 710, and 711, including industrial function codes U015 (solvents consumed in a reaction to produce other chemicals and U030 (solvents become part of the mixture).
(v) After remanufacturing 1 or more of the solvents listed in paragraph (i) of this subdivision, the use of the remanufactured solvent does not involve cleaning or degreasing oil, grease, or similar material from textiles, glassware, metal surfaces or other articles. These disallowed continuing uses correspond to chemical functional uses in industrial function code U029 under the chemical data reporting rule of the toxic substances control act.
(vi) Both the hazardous
secondary material generator and the remanufacturer shall do all of the
following:
(A) Notify the EPA or the director and update the notification every 2 years under 40 CFR 260.42.
(B) Develop and maintain
an up-to-date remanufacturing plan that identifies all of the following:
(I) The name, address, and site identification number of the generator and the remanufacturer.
(II) The types and estimated annual volumes of spent solvents to be remanufactured.
(III) The processes and industry sectors that generate the spent solvents.
(IV) The specific uses and industry sectors for the remanufactured solvents.
(V) A certification
statement from the remanufacturer stating "On behalf of [insert
remanufacturer facility name], I certify that this facility is a remanufacturer
under pharmaceutical manufacturing (NAICS 325412), basic organic chemical
manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211),
or paints and coatings manufacturing (NAICS 325510) sectors, and will accept
the spent solvents for the sole purpose of remanufacturing into commercial-grade
solvents that will beare used for reacting, extracting,
purifying, or blending chemicals, or for rinsing out the process lines
associated with these functions, or for use as a product ingredient. I also
certify that the remanufacturing equipment, vents, and tanks are equipped with
and are operating air emission controls in compliance with the appropriate
clean air act regulations under 40 CFR parts 60, 61, or 63, or,
absent such clean air act standards for the particular operation or piece of
equipment covered by the remanufacturing exclusion, are in complyiance
with the appropriate standards in 40 CFR part 261, subparts AA,
BB, and CC."
(C) Maintain records of
shipments and confirmations of receipts for a period of 3 years fromafter
the dates of the shipments.
(D) Before remanufacturing, store the hazardous spent solvents in tanks or containers that meet the technical standards R 299.9233(1) and (2), with the tanks and containers being labeled or otherwise having immediately available record of the material being stored.
(E) During
remanufacturing, and during storage of the hazardous secondary material before
remanufacturing, the remanufacturer certifies that the remanufacturing
equipment, vents, and tanks are equipped with and are operating air emission
controls in compliance with the appropriate clean air act regulations under
40 CFR parts 60, 61, or 63, or, absent such clean air act standards
for the particular operation or piece of equipment covered by the
remanufacturing exclusion, are in complyiance with the
appropriate standards in 40 CFR part 261, subparts AA, BB, and CC.
(F) Meet the requirements prohibiting speculative accumulation under R 299.9107.
(dd) Hazardous secondary
material that is exported from the United States and reclaimed at a reclamation
facility located in a foreign country is not a waste if the hazardous secondary
material generator complies with the applicable requirements of paragraphs (i)
to (v) of subdivision (bb) of this subrule, except subparagraph
(B)(II) of paragraph (v) for foreign reclaimers and foreign intermediate
facilities, and all of the following requirements:
(i) Provides notification
to the EPA of an intended export before the hazardous secondary material is
scheduled to leave the United States. A complete notification must be
submitted at leastnot less than 60 days before the initial
shipment is intended to be shipped off-site. The notification may cover export
activities extending over no more than a 12-month period. The notification must
be in writing, signed by the hazardous secondary material generator, and
include all of the following information:
(A) The name, mailing address, telephone number, and site identification number, if applicable, of the hazardous secondary material generator.
(B) A description of the hazardous secondary material and the hazardous waste number that would apply if the hazardous secondary material was managed as a hazardous waste and the DOT proper shipping name, hazard class, and ID number (UN/NA) for each hazardous secondary material as identified in 49 CFR parts 171 to 177.
(C) The estimated
frequency or rate at which the hazardous secondary material is to be exported
and the time period of time over which the material is to be
exported.
(D) The estimated total quantity of hazardous secondary material.
(E) All points of entry to and departure from each foreign country through which the hazardous secondary material will pass.
(F) A description of how
the means by which each shipment of hazardous secondary material will be
transported, including the mode of transportation vehicle and the types of
containers.
(G) A description of how
the manner in which the hazardous secondary material will be reclaimed
in the country of import.
(H) The name and address of the reclaimer, any intermediate facility, and any alternate reclaimer and intermediate facilities.
(I) The name of any
countries of transit through which the hazardous secondary material will be
sent and a description of the approximate length of time it will remain in the
countries and the nature of its handling while there. For the purposes of this
provision, the terms "EPA Acknowledgment of Consent," "country
of import," and "country of transit" have the same
meanings as those terms are defined in 40 CFR 262.81, with the
exception that the terms in this subparagraph refer to hazardous secondary
materials, rather than hazardous waste.
(ii) Notifications must be submitted electronically using the WIETS, or its successor system.
(iii) Except for changes to the telephone number in subparagraph (A) of paragraph (i) of this subdivision and decreases in the quantity of hazardous secondary material indicated under subparagraph (D) of paragraph (i) of this subdivision, when the conditions specified on the original notification change, including any exceedance of the estimate of the quantity of hazardous secondary material specified in the original notification, the hazardous secondary material generator shall provide the EPA with written renotification of the change. The shipment cannot take place until consent of the country of import to the changes and in the ports of entry to and departure from countries of transit has been obtained and the hazardous secondary material generator receives from the EPA an Acknowledgment of Consent reflecting the country of import’s consent to the changes.
(iv) UpoOn
request by the EPA, the hazardous secondary material generator shall furnish to
the EPA any additional information which a country of import requests to
respond to a notification.
(v) The EPA shall provide a complete notification to the country of import and any countries of transit. A notification is complete when the EPA receives a notification that the EPA determines satisfies the requirements of paragraph (i) of this subdivision. If a claim of confidentiality is asserted with respect to any notification information required by paragraph (i) of this subdivision, the EPA may find the notification not complete until the claim is resolved under 40 CFR 260.2.
(vi) The export of hazardous secondary material under this subdivision is prohibited unless the country of import consents to the intended import. When the country of import consents in writing to the receipt of the hazardous secondary material or withdraws a prior consent, the EPA shall notify the hazardous secondary material generator in writing. The EPA shall also notify the hazardous secondary material generator of any responses from the countries of transit.
(vii) For exports to Organization
for Economic Cooperation and Development (OECD) member
countries, the receiving country may respond to the notification using tacit
consent. If no objection has been lodged by any country of import or any country
of transit to a notification provided under to paragraph (i) of this
subdivision within 30 days after the date of issuance of the acknowledgement of
receipt of notification by the competent authority of the country of import,
the transboundary movement may commence. In suchthese cases, the
EPA shall send an EPA Acknowledgment of Consent to inform the hazardous
secondary material generator that the country of import and any relevant
countries of transit have not objected to the shipment and are therefore
presumed to have consented tacitly. Tacit consent expires 1 calendar year
after the close of the 30-day period. Renotification and renewal of all consents
is required for exports after that date.
(viii) A copy of the EPA Acknowledgement of Consent must accompany the shipment. The shipment must conform to the terms of the EPA Acknowledgement of Consent.
(ix) If a shipment cannot be delivered for any reason to the reclaimer, intermediate facility, or the alternate reclaimer or alternate intermediate facility, the hazardous secondary material generator shall renotify the EPA of a change in the conditions of the original notification to allow shipment to a new reclaimer in accordance with paragraph (iii) of this subdivision and obtain another EPA Acknowledgement of Consent.
(x) Hazardous secondary
material generators shall keep a copy of each notification of intent to export
and each EPA Acknowledgement of Consent for a period of not less than 3 years
fromafter the date of receipt of the EPA Acknowledgement of Consent.
This recordkeeping requirement may be satisfied by retaining electronically
submitted notifications or electronically generated EPA Acknowledgements
of Consent in the generator’s account on WIETS, provided the copies are readily
available for viewing and production if requested by any EPA or authorized
state inspector. A hazardous secondary material generator may not be held
liable for the inability to produce a notification or EPA Acknowledgment
of Consent for inspection under this paragraph if the generator can demonstrate
that the inability to produce the copies are due exclusively to technical
difficulty with WIETS for which the generator bears no responsibility.
(xi) Hazardous secondary
material generators shall file with the EPA no later than March 1 of each year,
a report summarizing the types, quantities, frequency, and ultimate destination
of all hazardous secondary materials exported during the previous calendar
year. Annual reports must be submitted electronically using WIETS. The
reports must include all of the following information:
(A) The name, mailing and site addresses, and site identification number, if applicable, of the hazardous secondary material generator.
(B) The calendar year covered by the report.
(C) The name and site address of each reclaimer and intermediate facility.
(D) Organized by reclaimer and intermediate facility, for each hazardous secondary material exported, a description of the material and the hazardous waste number that would apply if the material was managed as a hazardous waste, the DOT hazard class, the name and site identification number, if applicable, for each transporter used, the total amount material shipped, and the number of shipments under each notification.
(E) A certification signed by the hazardous secondary material generator that states: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment."
(xii) All persons claiming an exclusion under this subdivision shall provide notification as required by 40 CFR 260.42.
(2) The following wastes
are not hazardous wastes underfor the purposes of part 111 of the
act, MCL 324.11101 to 324.11153, and these rules:
(a) Household
waste, including household waste that has been collected, transported, stored,
treated, disposed of, recovered, or reused. Household waste means any waste
material, including garbage, trash, and sanitary wastes in septic tanks, that
is derived from households, including single and multiple residences, hotels
and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day‑use recreation areas. A resource recovery facility that
manages municipal waste is not considered to be treating, storing, disposing
of, or otherwise managing hazardous wastes for regulation under these rules if
the facility is in compliances with both of the following
provisions:
(i) Receives and burns only household waste from single and multiple dwellings, hotels, motels, and other residential sources and waste from commercial or industrial sources that does not contain hazardous waste.
(ii) Does not accept
hazardous wastes and the owner or operator of the facility has established
contractual requirements or other appropriate notification or inspection
procedures to asensure that hazardous wastes are not received at
or burned in the facility.
(b) Wastes that are generated by either of the following and that are returned to the soil as fertilizers:
(i) The growing and harvesting of agricultural crops.
(ii) The raising of animals, including animal manures.
(c) Mining overburden that is returned to the mine site.
(d) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste that is generated primarily from the combustion of coal or other fossil fuels, except as provided by 40 CFR 266.112 for facilities that burn or process hazardous waste.
(e) The following wastes that are generated primarily from processes that support the combustion of coal or other fossil fuels that are co-disposed with the wastes in subdivision (d) of this subrule, except as provided by 40 CFR 266.112 for facilities that burn or process hazardous waste:
(i) Coal pile run-off.
For the purpose of subdivision (d) of this subrule, coal pile run-off
means any precipitation that drains off of coal piles.
(ii) Boiler cleaning
solutions. For the purposes of subdivision (d) of this subrule, boiler
cleaning solutions means water solutions and chemical solutions used to clean
the fire‑side and water-side of the boiler.
(iii) Boiler blowdown.
For the purposes of subdivision (d) of this subrule, boiler blowdown
means water purged from boilers used to generate steam.
(iv) Process water treatment and demineralizer regeneration wastes. For the purposes of subdivision (d) of this subrule, process water treatment and demineralizer regeneration wastes means sludges, rinses, and spent resins generated from processes to remove dissolved gases, suspended solids, and dissolved chemical salts from combustion system process water.
(v) Cooling tower
blowdown. For the purposes of subdivision (d) of this subrule, cooling
tower blowdown means water purged from a closed cycle cooling system. Closed
cycle cooling systems include cooling towers, cooling ponds, or spray canals.
(vi) Air heater and
precipitator washes. For the purposes of subdivision (d) of this
subrule, air heater and precipitator washes mean wastes from cleaning air
preheaters and electrostatic precipitators.
(vii) Effluents from
floor and yard drains and sumps. For the purposes of subdivision (d) of
this subrule, effluents from floor and yard drains and sumps means wastewaters,
such as wash water, collected by or from floor drains, equipment drains, and
sumps located inside the power plant building; and wastewaters, such as rain
runoff, collected by yard drains and sumps located outside the power plant.
(viii) Wastewater
treatment sludges. For the purposes of subdivision (d) of this subrule,
wastewater treatment sludges mean sludges that are generated from the treatment
of wastewaters specified in paragraphs (i) to (vi) of this subdivision.
(f) Drilling fluids, produced waters, and other wastes that are associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy.
(g) Wastes that fail the
test for the toxicity characteristic because chromium is present or wastes that
are listed in R 299.9213 or R 299.9214 due to the presence of
chromium, that do not fail the test for the toxicity characteristic for any other
constituent or are not listed due to the presence of any other
constituent, and that do not fail the test for any other characteristic,
if it is shown by a waste generator or by waste generators that all of the
following provisions are met:
(i) The chromium in the waste is exclusively, or nearly exclusively, trivalent chromium.
(ii) The waste is generated from an industrial process that uses trivalent chromium exclusively, or nearly exclusively, and the process does not generate hexavalent chromium.
(iii) The waste is typically and frequently managed in nonoxidizing environments.
(h) The specific wastes
that meet the standards in subdivision (g) of this subrule, if the wastes do
not fail the test for the toxicity characteristic for any other
constituent and do not fail the test for any other characteristic,
include the following:
(i) Chrome (blue) trimmings generated by any of the following subcategories of the leather tanning and finishing industry:
(A) Hair pulp/chrome, tan/retan/wet finish.
(B) Hair save/chrome, tan/retan/wet finish.
(C) Retan/wet finish.
(D) No beam houses.
(E) Through‑the‑blue.
(F) Shearling.
(ii) Chrome (blue) shavings generated by any of the following subcategories of the leather tanning and finishing industry:
(A) Hair pulp/chrome, tan/retan/wet finish.
(B) Hair save/chrome, tan/retan/wet finish.
(C) Retan/wet finish.
(D) No beam house.
(E) Through‑the‑blue.
(F) Shearling.
(iii) Buffing dust generated by any of the following subcategories of the leather tanning and finishing industry:
(A) Hair pulp/chrome, tan/retan/wet finish.
(B) Hair save/chrome, tan/retan/wet finish.
(C) Retan/wet finish.
(D) No beamhouse.
(E) Through‑the‑blue.
(iv) Sewer screenings generated by any of the following subcategories of the leather tanning and finishing industry:
(A) Hair pulp/chrome, tan/retan/wet finish.
(B) Hair save/chrome, tan/retan/wet finish.
(C) Retan/wet finish.
(D) No beamhouse.
(E) Through‑the‑blue.
(F) Shearling.
(v) Wastewater treatment sludges generated by any of the following subcategories of the leather tanning and finishing industry:
(A) Hair pulp/chrome, tan/retan/wet finish.
(B) Hair save/chrome, tan/retan wet finish.
(C) Retan/wet finish.
(D) No beamhouse.
(E) Through‑the‑blue.
(F) Shearling.
(vi) Wastewater treatment sludges generated by any of the following subcategories of the leather tanning and finishing industry:
(A) Hair pulp/chrome, tan/retan/wet finish.
(B) Hair save/chrome, tan/retan/wet finish.
(C) Through‑the‑blue.
(vii) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries, including waste scrap leather from automotive seat design activities.
(viii) Wastewater treatment sludges from the production of Ti02 pigment using chromium‑bearing ores by the chloride process.
(ix) Ink generated by the USPS in its automated facer canceled systems.
(x) Boiler chemical cleaning waste from electric utility boiler maintenance using water and tetra ammonium ethylene diamine tetra acetic acid, which is also known as ammoniated EDTA.
(xi) Waste leather personal protective equipment manufactured by the leather tanning industry, shoe manufacturing industry, or other leather product industries, such as footwear, gloves, jackets, or aprons, if the chromium concentration in the waste is comparable to the chromium concentration in equipment before use.
(i) Waste from the
extraction, beneficiation, and processing of ores and minerals, including coal,
phosphate rock, and overburden from the mining of uranium ore, except as
provided in 40 CFR 266.112 for facilities that burn or process
hazardous waste. For purposes ofAs used in this subdivision, the
following provisions apply:
(i) Beneficiation of ores and minerals is restricted to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briqueting; calcining to remove water or carbon dioxide, or both; roasting, autoclaving, or chlorination, or any combination thereof, in preparation for leaching, except where the roasting/leaching or autoclaving/leaching or chlorination/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing; gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in‑situ leaching.
(ii) Waste from the processing of ores and minerals must include only the following wastes as generated:
(A) Slag from primary copper processing.
(B) Slag from primary lead processing.
(C) Red and brown muds from bauxite refining.
(D) Phosphogypsum from phosphoric acid production.
(E) Slag from elemental phosphorus production.
(F) Gasifier ash from coal gasification.
(G) Process wastewater from coal gasification.
(H) Calcium sulfate wastewater treatment plant sludge from primary copper processing.
(I) Slag tailings from primary copper processing.
(J) Fluorogypsum from hydrofluoric acid production.
(K) Process wastewater from hydrofluoric acid production.
(L) Air pollution control dust/sludge from iron blast furnaces.
(M) Iron blast furnace slag.
(N) Treated residue from roasting/leaching of chrome ore.
(O) Process wastewater from primary magnesium processing by the anhydrous process.
(P) Process wastewater from phosphoric acid production.
(Q) Basic oxygen furnace and open-hearth furnace air pollution control dust/sludge from carbon steel production.
(R) Basic oxygen furnace and open-hearth furnace slag from carbon steel production.
(S) Chloride process waste solids from titanium tetrachloride production.
(T) Slag from primary zinc processing.
(iii) Residues derived from co-processing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remain excluded under subrule (2) of this rule if the owner or operator meets both of the following requirements:
(A) Processes at
leastnot less than 50% by weight normal beneficiation raw materials
or normal mineral processing raw materials.
(B) Legitimately reclaims the secondary mineral processing materials.
(j) Mixtures of a waste
that is excluded from regulation under subdivision (i) of this sub rulesubrule
and any other waste that exhibits a hazardous waste characteristic under
R 299.9212 and that is not listed under R 299.9213 or
R 299.9214, souch that the resultant mixture does not
exhibit any hazardous waste characteristic that would have been exhibited by
the non‑excluded waste alone if the mixture had not occurred.
(k) Cement kiln dust waste, except as provided in 40 CFR 266.112 for facilities that burn or process hazardous waste.
(l) Waste that consists of
discarded arsenical‑treated wood or wood products, that fails the test
for the toxicity characteristic for hazardous waste numbers D004 through
to D017 and that is not a hazardous waste for any other reason,
if the waste is generated by persons whothat utilize the
arsenical‑treated wood and wood products for these materials' intended
end use.
(m) Petroleum‑contaminated
media and debris that fail the test for the toxicity characteristic under R 299.9212
for hazardous waste numbers D018 through to D043 only and are
subject to the corrective action regulations under 40 CFR part 280.
(n) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, if the refrigerant is reclaimed for further use.
(o) Non‑terne plated used oil filters that are not mixed with wastes that are identified in R 299.9213 or R 299.9214, or both, if the oil filters have been gravity hot‑drained using 1 of the following methods:
(i) Puncturing the filter anti‑drain back valve or the filter dome end and hot‑draining.
(ii) Hot‑draining and crushing.
(iii) Dismantling and hot‑draining.
(iv) Any other
equivalent hot‑draining method that will removes used oil.
(p) Leachate or gas
condensate collected from landfills where certain wastes have been disposed of if
all of the following requirements are met:
(i) The wastes disposed would meet 1 or more of the listing descriptions for hazardous waste numbers K169, K170, K171, K172, K174, K175, K176, K177, K178, and K181 if these wastes had been generated after the effective date of the listing.
(ii) The wastes described in paragraph (i) of this subdivision were disposed before the effective date of the listing.
(iii) The leachate or gas
condensate do not exhibit any characteristic of a hazardous waste and are not
derived from any other listed hazardous waste.
(iv) The discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a publicly owned treatment works by truck, rail, or dedicated pipe, is subject to regulations under section 307(b) or 402 of the federal clean water act, 33 USC 1317 or 1342.
(v) As of February 13, 2001, leachate or gas condensate derived from K169, K170, K171, and K172 is no longer exempt if it is stored or managed in a surface impoundment before discharge. As of November 21, 2003, leachate or gas condensate derived from K176, K177, or K178 is no longer exempt if it is stored or managed in a surface impoundment before discharge. After February 26, 2007, leachate or gas condensate derived from K181 is no longer exempt if it is stored or managed in a surface impoundment before discharge unless the surface impoundment meets both of the following requirements:
(A) The surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation.
(B) The surface impoundment has a double liner, and the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this subdivision after the emergency ends.
(q) Solvent-contaminated
wipes, except for wipes that are hazardous waste due to the presence of
trichloroethylene, that are sent for disposal are not hazardous waste at the
point of generation if all of the following requirements are met:
(i) The wipes, when accumulated,
stored, and transported, are contained in non‑leaking, closed containers
that are labeled "Excluded Solvent-Contaminated Wipes." The
containers must be able to contain free liquids, if free liquids occur.
During accumulation, a container is considered closed if there is complete
contact between the fitted lid and the rim, except when it is necessary to add
or remove wipes. If the container is full, the wipes are no longer being
accumulated, or the container is being transported, the container must be
sealed with all lids properly and securely affixed to the container and all
openings tightly bound or closed sufficiently to prevent leaks and emissions.
(ii) The wipes must not
be accumulated by the generator for more than 180 days fromafter
the start date of accumulation for each container before being sent for
disposal.
(iii) At the point of being transported for disposal, the wipes contain no free liquids.
(iv) Free liquids removed from the wipes or from the container holding the wipes must be managed in accordance with these rules.
(v) Generators shall maintain
at their site all of the following:
(A) The name and address of the landfill or combustor that is receiving the wipes.
(B) Documentation that the 180-day accumulation time limit in paragraph (ii) of this subdivision is being met.
(C) A description of the process the generator is using to ensure that the wipes contain no free liquids at the point of being transported for disposal.
(vi) The wipes are sent for disposal to any of the following:
(A) A municipal solid
waste landfill regulated under part 115 of the act, MCL 324.11501 to
324.11554.
(B) A municipal solid waste landfill regulated under 40 CFR part 258, including 40 CFR 258.40.
(C) A hazardous waste landfill regulated under these rules.
(D) A hazardous waste landfill regulated under 40 CFR part 264 or 265.
(E) A municipal waste combustor or other combustion facility regulated under section 129 of the clean air act, 42 USC 7429.
(F) A hazardous waste combustor, boiler, or industrial furnace regulated under these rules.
(G) A hazardous waste combustor, boiler, or industrial furnace regulated under 40 CFR part 264, 265, or 266, subpart H.
(3) The following hazardous wastes are not subject to regulation under parts 3 to 10 of these rules:
(a) A hazardous waste that is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or a manufacturing process unit or an associated nonwaste treatment manufacturing unit. This exemption does not apply in any of the following circumstances:
(i) Once the waste exits the unit in which it was generated.
(ii) If the unit is a surface impoundment.
(iii) If the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for the manufacturing, storage, or transportation of product or raw materials.
(b) Waste pesticides and
pesticide residues that are generated by a farmer from his or herthe
farmer’s own use and that are hazardous wastes if the pesticide residues
are disposed of on the farmer's own farm in a manner that is consistent with
the disposal instructions on the pesticide container label and if the farmer
empties or cleans each pesticide container under R 299.9207.
(4) Except as provided in
subrule (5) of this rule, a sample of waste or a sample of water, soil, or air
that is collected for the sole purpose of testing to determine its
characteristics or composition is not subject to part 111 of the act, MCL
324.11101 to 324.11153, and these rules if the following provisions are met:
(a) The sample meets 1 of the following provisions:
(i) The sample is being
transported to a laboratory for the purpose of testing.
(ii) The sample is being transported back to the sample collector after testing.
(iii) The sample is being stored by the sample collector before transport to a laboratory for testing.
(iv) The sample is being stored in a laboratory before testing.
(v) The sample is being stored in a laboratory after testing but before it is returned to the sample collector.
(vi) The sample is being stored temporarily in the laboratory after testing for a specific purpose, such as until conclusion of a court case or enforcement action where further testing of the sample might be necessary.
(b) A sample collector
that ships samples to a laboratory and a laboratory that returns samples to a
sample collector shall comply with DOT, USPS, or any other applicable
shipping requirements. The sample collector shall only ship a volume that is
necessary for testing and analysis and, if the sample collector determines that
DOT, USPS, or other shipping requirements do not apply to the shipment of the
sample, the sample collector shall package the sample so that it does not leak,
spill, or vaporize from its packaging and ensure that all of the
following information accompanies the sample:
(i) The sample collector's name, mailing address, and telephone number.
(ii) The laboratory's name, mailing address, and telephone number.
(iii) The quantity of the sample.
(iv) The date of shipment.
(v) A description of the sample.
(c) The mass of a sample
that will beis exported to a foreign laboratory or that will
beis imported to a United. States.
laboratory from a foreign source does not exceed 25 kilograms.
(5) The exemption specified in subrule (4) of this rule does not apply if the laboratory determines that the waste is hazardous, but the laboratory is no longer in compliance with any of the conditions in subdivision (a) of subrule (4) of this rule.
(6) Persons whothat
generate or collect samples for the purpose of conducting treatability
studies are not subject to the requirements of parts 2, 3, and 4 of these rules
or the notification requirements of section 3010 of RCRA, 42 USC 6930, and the
samples are not included in the quantity determinations specified in
R 299.9303 when the sample is being collected and prepared for
transportation by the generator or sample collector, the sample is being
accumulated or stored by the generator or sample collector before
transportation to a laboratory or testing facility, or the sample is being
transported to a laboratory or testing facility for the purpose of
conducting a treatability study. The exemption specified in this subrule is
applicable applies to samples of hazardous waste that are being
collected and shipped for the purpose of conducting treatability studies
if all of the following provisions are met:
(a) The generator or sample collector does not use more than 10,000 kilograms of media that is contaminated with nonacute hazardous waste, 1,000 kilograms of any nonacute hazardous waste other than contaminated media, 1 kilogram of acute or severely toxic hazardous waste, or 2,500 kilograms of media that is contaminated with acute or severely toxic hazardous waste for each process that is being evaluated for each generated waste stream in a treatability study.
(b) The mass of each sample shipment is not more than 10,000 kilograms. The 10,000‑kilograms quantity may be all media contaminated with nonacute hazardous waste or may include 2,500 kilograms of media contaminated with acute or severely toxic hazardous waste, 1,000 kilograms of nonacute hazardous waste, and 1 kilogram of acute or severely toxic hazardous waste.
(c) The sample must be packaged and transported so that it will not leak, spill, or vaporize from its packaging during shipment and so that either of the following requirements are met:
(i) The transportation of
each sample shipment is in compliances with DOT, USPS, or
any other applicable shipping requirements.
(ii) If the DOT, USPS, or
other shipping requirements do not apply to the shipment of the sample, all
of the following information must accompany the sample:
(A) The name, mailing address, and telephone number of the originator of the sample.
(B) The name, address, and telephone number of the facility that will perform the treatability study.
(C) The quantity of the sample.
(D) The date of the shipment.
(E) A description of the sample, including its hazardous waste number.
(d) The sample is shipped to a laboratory or testing facility that is exempt under subrule (9) of this rule or has an appropriate RCRA permit, state hazardous waste operating license, or interim status.
(e) The generator or
sample collector maintains all of the following records for 3 years
after completion of the treatability study:
(i) Copies of the shipping documents.
(ii) A copy of the contract with the facility that conducts the treatability study.
(iii) Documentation that
shows all of the following information:
(A) The amount of waste that is shipped under this exemption.
(B) The name, address, and site identification number of the laboratory or testing facility that received the waste.
(C) The date the shipment was made.
(D) If unused samples and residues were returned to the generator.
(f) The generator reports the information required under subdivision (e)(iii) of this subrule as part of the data referenced in R 299.9312(1).
(g) The mass of a sample
that will beis exported to a foreign laboratory or that will
beis imported to a United. States.
laboratory from a foreign source does not exceed 25 kilograms.
(7) The director may grant requests on a case-by-case basis for up to an additional 2 years for treatability studies involving bioremediation. The director may grant requests on a case‑by‑case basis for quantity limits in excess of those specified in subrules (6)(a) and (b) and (9)(d) of this rule for up to an additional 5,000 kilograms of media contaminated with nonacute hazardous waste, 500 kilograms of nonacute hazardous waste, 2,500 kilograms of media contaminated with acute or severely toxic hazardous waste, and 1 kilogram of acute or severely toxic hazardous waste. A request may be granted in response to 1 or both of the following requests:
(a) A request for
authorization to ship, store, and conduct treatability studies on, additional
quantities in advance of commencing treatability studies. The director shall consider
all of the following factors in determining whether to grant the
request:
(i) The nature of the technology.
(ii) The type of process.
(iii) The size of the unit undergoing testing, particularly in relation to scale‑up considerations.
(iv) The time and quantity of material required to reach steady state operating conditions.
(v) Test design considerations such as mass balance calculations.
(b) A request for authorization to ship, store, and conduct treatability studies on, additional quantities after initiation or completion of initial treatability studies when any of the following occur:
(i) There has been an equipment or mechanical failure during the conduct of a treatability study.
(ii) There is a need to verify the results of a previously conducted treatability study.
(iii) There is a need to study and analyze alternative techniques within a previously evaluated treatment process.
(iv) There is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.
(8) The additional
quantities and time frames allowed under subrule (7) of this rule are subject
to this rule. The generator or sample collector shall apply to the director
and shall provide, in writing, all of the following information:
(a) The reason why the generator or sample collector requires an additional quantity of the sample or time for the treatability study evaluation and the additional quantity or time needed.
(b) Documentation
accounting for all samples of hazardous waste from the waste stream that have
been sent for or undergone treatability studies, including all of the
following information:
(i) The date that each previous sample from the waste stream was shipped.
(ii) The sample quantity of each previous shipment.
(iii) The laboratory or testing facility to which the sample was shipped.
(iv) What treatability study processes were conducted on each sample shipped.
(v) The available results of each treatability study.
(c) A description of the technical modifications or change in specifications that will be evaluated and the expected results.
(d) If further study is
being required due to equipment or mechanical failure, then the
applicant mustshall include information regarding the reason for
the failure and also include a description of what procedures were
established, or what equipment improvements have been made, to protect against
further equipment or mechanical failure.
(e) Other information that the director considers necessary.
(9) Samples that undergo
treatability studies and the laboratory or testing facility that conducts the
treatability studies, to the extent the facilities are not otherwise subject to
the requirements of part 111 of the act, MCL 324.11101 to 324.11153, or
these rules, are not subject to any of the requirements of these rules or to
the notification requirements of section 3010 of RCRA, 42 USC 6930, if the
conditions of this subrule are met. A mobile treatment unit may qualify as a
testing facility subject to this subrule. If a group of mobile treatment units
is located at the same site, then the limitations specified in this
subrule apply to the entire group of mobile treatment units collectively as if
the group were 1 mobile treatment unit. The conditions are as follows:
(a) Not less than 45 days before conducting treatability studies, the facility shall notify the director, in writing, that it intends to conduct treatability studies under this rule.
(b) The laboratory or testing facility that conducts the treatability study has a site identification number.
(c) Not more than a total
of 10,000 kilograms of "as received" media contaminated
with nonacute hazardous waste, 2,500 kilograms of media contaminated with acute
or severely toxic hazardous waste, or 250 kilograms of other "as
received" hazardous waste is subjected to the initiation of
treatment in all treatability studies in any single day. "As
received" hazardous waste refers to waste as received in the
shipment from the generator or sample collector.
(d) The quantity of "as
received" hazardous waste that is stored at the facility for
evaluation in treatability studies is not more than 10,000 kilograms, the total
of which may include 10,000 kilograms of media contaminated with nonacute
hazardous waste, 2,500 kilograms of media contaminated with acute or
severely toxic hazardous waste, 1,000 kilograms of nonacute hazardous
waste other than contaminated media, and 1 kilogram of acute or severely
toxic hazardous waste. The quantity limitation does not include treatment
materials, including nonhazardous waste, that are added to "as
received" hazardous waste.
(e) Not more than 90 days have elapsed since the treatability study for the sample was completed, or not more than 1 year, or 2 years for treatability studies involving bioremediation, has elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date occurs first.
(f) The treatability study does not involve the placement of hazardous waste on the land or the open burning of hazardous waste.
(g) The facility maintains
records, for 3 years following completion of each study, that show compliance
with the treatment rate limits, storage time, and quantity limits. All of the
following specific information must be included for each treatability study
that is conducted:
(i) The name, address, and site identification number of the generator or sample collector of each waste sample.
(ii) The date the shipment was received.
(iii) The quantity of waste accepted.
(iv) The quantity of "as
received" waste in storage each day.
(v) The date the
treatment study was initiated and the amount of "as received"
waste introduced to treatment each day.
(vi) The date the treatability study was concluded.
(vii) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the site identification number.
(h) The facility keeps, on-site,
a copy of the treatability study contract and all shipping papers associated
with the transport of treatability study samples to and from the facility for a
period ending 3 years fromafter the completion date of each
treatability study.
(i) The facility prepares
and submits a report to the director by March 15 of each year that includes all
of the following information for the previous calendar year:
(i) The name, address, and site identification number of the facility conducting the treatability studies.
(ii) The types, by process, of treatability studies conducted.
(iii) The names and addresses of persons for whom studies have been conducted, including their site identification numbers.
(iv) The total quantity of waste in storage each day.
(v) The total quantity and types of waste subjected to treatability studies.
(vi) When each treatability study was conducted.
(vii) The final disposition of residues and unused sample from each treatability study.
(j) The facility determines if any unused sample or residues generated by the treatability study are hazardous waste under R 299.9203 and, if so, are subject to these rules, unless the residues and unused samples are returned to the sample originator under the exemption in subrule (6) of this rule.
(k) The facility notifies the director, by letter, when the facility is no longer planning to conduct any treatability studies at the site.
(10) The disposal of PCB‑containing
dielectric fluid and electric equipment that contains the fluid as authorized
for use and as regulated under 40 CFR part 761 and fluid and
equipment that are hazardous only because they fail the test for the toxicity
characteristic for hazardous waste numbers D018 throughto D043
are not subject to regulation under parts 2 to 7, and 9, and
10 of these rules.
(11) Dredged material, as that
term is defined in 40 CFR 232.2, that is subject to the requirements of a
permit that has been issued under section 404 of the federal clean water
act, 33 USC 1344, or section 103 of the marine protection, research, and
sanctuaries act of 1972, 33 USC 1413, is not a hazardous waste for underthe
purposes of part 111 of the act, MCL 324.11101 to 324.11153,
and these rules. For the purposes of this exemption, "permit"
means any of the following:
(a) A permit issued by the
United. States. Army Corps of Engineers or an
approved state under section 404 of the federal clean water act, 33 USC
1344.
(b) A permit issued by the
United. States. Army Corps of Engineers under
section 103 of the marine protection, research, and sanctuaries act of 1972,
33 USC 1413.
(c) In the case
of United. States. Army Corps of Engineers civil
works projects, the administrative equivalent of the permits referred to in
subdivisions (a) and (b) of this subrule, as provided for in the United.
States.Army Corps of Engineers regulations.
(12) Carbon
dioxide streams that are captured and transported for the purposes of
injection into an underground injection well subject to the requirements for
class VI underground injection control wells, including the requirements of 40 CFR
parts 144 and 146 of the underground injection control program of act 399, are
not a hazardous waste if all of the following requirements are met:
(a)
Transportation of the carbon dioxide stream must comply with all of the
following DOT requirements:
(i) The pipeline safety laws under 49 USC 60101 to 60141.
(ii) The pipeline safety regulations under 49 CFR parts 190 to 199.
(iii) The pipeline safety regulations adopted and administered by a state authority under a certification under 49 USC 60105, as applicable.
(b) Injection of the carbon dioxide stream must comply with the applicable requirements for class VI underground injection control wells, including the applicable requirements of 40 CFR parts 144 and 146.
(c) No hazardous waste is mixed with, or otherwise co-injected with, the carbon dioxide stream.
(d) Any
generator of a carbon dioxide stream whothat claims that a stream
is excluded under this subrule shall sign, or have an authorized representative
sign, a certification statement worded in accordance with 40 CFR 261.4(h)(4)(i).
(e) Any class
VI underground injection control well owner or operator whothat
claims that a carbon dioxide stream is excluded under this subrule shall sign,
or have an authorized representative sign, a certification statement worded in
accordance with 40 CFR 261.4(h)(4)(ii).
(f) The signed
certification statements referenced in subdivisions (d) and (e) of this subrule
must be keptmaintained on-site for not less than 3 years.
The statements must be made available within 72 hours of a written request from
the director. The statements must be renewed every year that the exclusion is
claimed by having the generator or the owner or operator, or their authorized
representative, annually prepare and sign a new copy of the statement within
1 year ofafter the date of the previous statement. The
statements must also be readily accessible on the generator and owner or
operator’s publicly-available publicly available website, if one exists,
as a public notification with the title of "Carbon Dioxide Stream
Certification" when the exclusion is claimed.
(13) Airbag waste at the airbag waste handler or during transport to an airbag waste collection facility or designated facility is not subject to regulation under parts 2 to 7, 9, and 10 of these rules if all the following requirements are met:
(a) The airbag waste is accumulated in a quantity of not more than 250 airbag modules or airbag inflators.
(b) The airbag waste is accumulated for not more than 180 days.
(c) The airbag waste is packaged in a container designed to address the risk posted by the airbag waste and labelled "Airbag Waste - Do Not Reuse".
(d) The airbag waste is sent directly to either of the following:
(i) An airbag waste collection facility in the United States under the control of a vehicle manufacturer or the vehicle manufacturer’s authorized representative, or under the control of an authorized individual administering a remedy program in response to a recall under the National Highway Traffic Safety Administration.
(ii) A designated facility as that term is defined in R 299.9102.
(e) The transport of the airbag waste complies with all applicable DOT regulations in 49 CFR parts 171 to 180 during transit.
(f) The airbag waste handler maintains at the handler facility for not less than 3 years records of all off-site shipments of airbag waste and all confirmations of receipt from the receiving facility that contain the following information:
(i) For each shipment, these records must, at a minimum, contain all the following:
(A) The name of the transporter.
(B) The date of the shipment.
(C) The name and address of receiving facility.
(D) Whether the airbag waste are modules or inflators and the quantity of each type of waste.
(ii) For each shipment, the confirmations of receipt must include all the following:
(A) The name and address of the receiving facility.
(B) Whether the airbag waste are modules or inflators and the quantity of each type of waste received.
(C) The date the airbag waste was received.
The shipping records and confirmations of receipt must be made available for inspection and may be satisfied by routine business records, such as electronic or paper financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.
(14) Once the airbag waste arrives at an airbag waste collection facility or designated facility, the airbag waste is subject to all applicable provisions of these rules, and the facility receiving the airbag waste is considered the hazardous waste generator under these rules and shall comply with part 3 of these rules.
(15) The reuse in vehicles of defective airbag modules or airbag inflators subject to a recall under the National Highway Traffic Safety Administration must be considered sham recycling and is prohibited under R 299.9107(w) and R 299.9202(1)(a).
(136)
40 CFR 261.4(h)(4)(i) and (ii), part 144, part 146, part 280,
and part 761, and 49 CFR parts, 171 to 180 and 190 to 199
are adopted by reference in R 299.11003 and R 299.11004.
R 299.9206 Requirements for recyclable materials.
Rule 206. (1) Except as
provided in subrules (2) to (6) of this rule, recyclable materials are subject
to all of the following requirements:
(a) Generators and transporters of recyclable materials are subject to the applicable requirements of parts 3 and 4 of these rules.
(b) Owners or operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of parts 5, 6, 7, and 8 of these rules. The recycling process itself is exempt from regulation, except as provided in subdivision (d) of this subrule.
(c) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the identification number requirements of 40 CFR 264.11, the manifest requirements of R 299.9608, and the reporting requirements of R 299.9610. The recycling process itself is exempt from regulation, except as provided in subdivision (d) of this subrule.
(d) A hazardous waste
management unit in which recyclable materials are recycled is subject to the
requirements of 40 CFR part 265, subparts AA and BB if the unit is located
at a facility that is described in R 299.9601(3)(a) or (b), or the
requirements of R 299.9630 and R 299.9631 if the unit is located at a
facility subject to the licensing requirements specified in part 111 of the act,
MCL 324.11101 to 324.11153, and part 5 of these rules.
(2) The following recyclable materials are not subject to the requirements of this rule, but are regulated under the applicable provisions of parts 5 and 8 of these rules:
(a) Recyclable materials used in a manner that constitutes disposal.
(b) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated as incinerators under part 6 of these rules.
(c) Recyclable materials from which precious metals are reclaimed.
(d) Spent lead‑acid batteries that are being reclaimed.
(3) The following
recyclable materials are not subject to regulation under part 111 of the
act, MCL 324.11101 to 324.11153, or these rules, except for the
environmental and human health standards of R 299.9602 and R 299.9809
to R 299.9816, as applicable:
(a) Industrial ethyl alcohol that is reclaimed except that exports and imports of the recyclable materials must comply with the requirements of R 299.9314.
(b) Scrap metal that is not excluded under R 299.9204(1)(p).
(c) Fuels
produced from the refining of oil‑bearing hazardous wastes together with
normal process streams at a petroleum refining facility if the wastes result
from normal petroleum refining, production, and transportation practices. This
exemption does not apply to fuels produced from oil recovered from oil‑bearing
hazardous waste, if the recovered oil is already excluded under
R 299.9204(1)(l).
(d) Hazardous waste fuel
that is produced from oil‑bearing hazardous wastes from petroleum
refining, production, or transportation practices or that is produced from oil
that is reclaimed from the hazardous wastes, if the hazardous wastes are
reintroduced into a process that does not use distillation or does not produce
products from crude oil if the resulting fuel is in compliances
with the used oil specification in R 299.9809(1)(f) and if other hazardous
wastes are not used to produce the hazardous waste fuel.
(e) Hazardous waste fuel
that is produced from oil‑bearing hazardous waste that results from
petroleum refining production and transportation practices if the hazardous
wastes are reintroduced into a refining process after a point at which
contaminants are removed and if the fuel is in compliances
with the used oil fuel specification in R 299.9809(1)(f).
(f) Oil that is reclaimed
from oil‑bearing hazardous wastes that result from petroleum refining,
production, and transportation practices, which reclaimed oil is burned as a
fuel without reintroduction to a refining process, if the reclaimed oil is
in compliances with the used oil fuel specification in
R 299.9809(1)(f).
(g) Textiles, including gloves, uniforms, linens, and wipes, that are being recycled in a manner other than being burned for energy recovery or used in a manner constituting disposal if both of the following conditions are met:
(i) After the textile's original use, hazardous waste is not mixed with the textile.
(ii) The textiles and the containers used to transport the textiles do not contain any free liquids.
(4) Used oil that is
recycled and is also a hazardous waste solely because it exhibits a hazardous
characteristic is not subject to regulation under part 111 of the act, MCL
324.11101 to 324.11153, or these rules, except for the environmental and
human health standards in R 299.9602 and R 299.9809 to
R 299.9816. Used oil that is recycled includes any used oil that is
reused, after its original use, for any purpose. Used oil includes, but is not
limited to, oil that is re‑refined, reclaimed, burned for energy
recovery, or reprocessed.
(5) An owner or operator of
a facility that stores lamps that meet the definition of a hazardous waste
before recycling the lamps at the facility shall comply with all of the
following requirements:
(a) Submit a written
notification of hazardous waste lamp storage activity to the director. The
notification must include all of the following information:
(i) The name, mailing address, and telephone number of the owner.
(ii) The name, mailing address, and telephone number of the operator.
(iii) The name, mailing address, location, and telephone number of the recycle facility.
(iv) A description of the unit or units in which the lamps are managed on‑site before recycling and a map that shows the location of the unit or units.
(b) Obtain an identification number for the facility from the director.
(c) The environmental and human health standards under R 299.9602.
(d) The location standards under R 299.9603.
(e) The facility design and operating standards under R 299.9604.
(f) The handling requirements of R 299.9228(4)(a).
(g) Ensure that facility personnel are trained with respect to proper hazardous waste handling and preparedness and prevention procedures and are familiar with the facility emergency procedures.
(h) If there is a fire,
explosion, or other release of hazardous waste or hazardous waste constituents
that could threaten human health or the environment, or if the owner or
operator has knowledge that a spill has reached surface water or groundwater,
then the owner or operator shall immediately notify the department's
pollution emergency alerting system telephone number 800‑292‑4706,
or the department's district office for the district in which the facility is
located. The notification must include all of the following
information:
(i) The name and
telephone number of the person whothat is reporting the incident.
(ii) The name, address, telephone number, and identification number of the facility.
(iii) The date, time, and type of incident.
(iv) The name and quantity of the material or materials involved and released.
(v) The extent of injuries, if any.
(vi) The estimated quantity and disposition of recovered materials that resulted from the incident, if any.
(vii) An assessment of actual or potential hazards to human health or the environment.
(viii) The immediate response action taken.
(i) The area where the lamps are accumulated must be protected, as appropriate for the type of waste being stored, from weather, fire, physical damage, and vandals.
(j) Accumulation must be
conducted so that fugitive emissions are not in violation of part 55 of the act,
MCL 324.5501 to 324.5542.
(k) A written operating
record must be maintained on‑site by the owner or operator and must
contain all of the following information:
(i) The quantity of lamps received on-site during the calendar year.
(ii) The quantity of lamps recycled at the facility during the calendar year.
(iii) The documentation necessary to demonstrate that the lamps are not being stored on-site for more than 1 year.
(l) The closure standards of 40 CFR 264.111 and 264.114.
(m) R 299.9614 if the lamps are being stored in containers and R 299.9615 if the lamps are being stored in tanks.
(n) The lamps must not be stored on-site for more than 1 year from the date that the owner or operator receives the lamps.
(o) Any hazardous waste that is generated from the lamp recycle operation is subject to 2 to 7 of these rules.
(6) Hazardous waste that is
exported to or imported for the purpose of recovery is subject to
the requirements of R 299.9314.
(7) 40 CFR 264.11, 264.111, and 264.114, and part 265, subparts AA and BB, are adopted by reference in R 299.11003.
R 299.9207 Residues of hazardous waste in empty containers.
Rule 207. (1) Any hazardous waste that remains in either an empty container or an inner liner which is removed from an empty container, as explained in subrules (3), (4), and (5) of this rule, is not subject to regulation pursuant to the provisions of parts 3 to 10 of these rules.
(2) Any hazardous waste in either a container that is not empty or an inner liner which is removed from a container that is not empty, as explained in subrule (3), (4), or (5) of this rule, is subject to regulation pursuant to these rules.
(3)
A container or an inner liner whichthat is removed from a
container that has held any hazardous waste, except for a waste whichthat
is a compressed gas, which is identified as an acute hazardous waste listed in
table 203a or 205a of this part, or whichthat is a
severely toxic hazardous waste, is empty if both of the following conditions
are met:
(a) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, such as pouring, pumping, and aspirating.
(b)
Not more than 2.5 centimeters, (1 inch), of residue
remain on the bottom of the container or inner liner or either of the following
conditions is met:
(i) Not more than 3% by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size.
(ii) Not more than 0.3% by weight of the total capacity of the container remains in the container or inner liner if the container is more than 119 gallons in size.
(4) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.
(5) A container or an inner liner that is removed from a container which has held an acute hazardous waste that is listed in table 203a or 205a of this part or that is a severely toxic hazardous waste is empty if any of the following criteria are met:
(a) The container or inner liner has been triple rinsed using a solvent that is capable of removing the commercial chemical product or manufacturing chemical intermediate.
(b) The container or inner liner has been cleaned by another method that has been shown, in scientific literature or by tests conducted by the generator, to achieve equivalent removal.
(c) In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container has been removed.
(d6)
In the case of a container or inner liner that has held a pharmaceutical
formulation that is an acute hazardous waste listed solely for a hazardous
waste characteristic and the formulation in the container or inner liner does
not exhibit the characteristic for which the waste was listed, the container or
inner liner is empty if the requirements of subrule (3) of this rule are met.
Containers of hazardous waste pharmaceuticals are subject to R 299.9830
for determining when they are considered empty, instead of this rule, except as
provided in R 299.9830(4) and (5).
R 299.9208 Criteria for identifying characteristics of hazardous waste.
Rule
208. (1) The director shall identify and define a characteristic of hazardous
waste in this part upon finding that the administrator has identified
the characteristic based on the criteria contained in the provisions of 40 C.F.R.
§261.10.
(2)
The director shall identify and define a characteristic of hazardous waste in
this part in addition to those identified by the administrator in the
provisions of 40 C.F.R. part 261, subpart C, upon
determining that the waste that exhibits the characteristic does either of the
following:
(a) Exhibits extreme toxicity to aquatic life.
(b) Contains a substance which can statistically be shown to cause acutely toxic; carcinogenic; teratogenic; hereditary mutagenic; or severe, debilitating, irreversible, adverse effects to mammals when exposed, by oral, dermal, or inhalation route, once or repeatedly to levels of 100 parts per billion or less.
(3)
The provisions of 40 C.F.R. §261.10 are adopted by
reference in R 299.11003.
R 299.9209 Criteria and procedure for listing hazardous wastes.
Rule
209. (1) The director shall list a waste as a hazardous waste in this part upon
finding that the administrator has listed the waste as hazardous based on the
quantities of the waste generated at individual generation sites and the
criteria contained in the provisions of 40 C.F.R. §261.11.
(2)
The director shall evaluate a waste for listing as a hazardous waste in this
part, in addition to the wastes listed by the administrator in the provisions
of 40 C.F.R. part 261, subpart D, upon
determining that the waste meets any of the following criteria:
(a) The waste meets a characteristic identified in R 299.9208.
(b)
The waste, or a material that could be a constituent of the waste, is hazardous
pursuant to the provisions of section 11103 of part 111 of the
act, MCL 324.11103, but is not currently listed in this part.
(3)
If information becomes available that indicates that a waste, or a material
that may be a component of wastes, might meet any of the criteria of subrule
(2) of this rule, then the director shall do the following:
(a) Evaluate the characteristics of the waste or material to verify its hazards.
(b)
If the waste is determined to have hazardous characteristics, initiate rule
change procedures as outlined in act 306 that will leads to the
listing of the waste as hazardous. In addition, the director shall request the
governor to petition the administrator to add the waste to the listings in the
provisions of 40 C.F.R. part 261 pursuant to the
authority of section 3001(c) of RCRA.
(4)
As additional wastes are determined to be hazardous by the administrator and
listed in the provisions of 40 C.F.R. part 261, the
director shall initiate rule change procedures as outlined in act 306 to
incorporate the wastes into these rules.
(5)
The basis for listing the classes or types of waste specified in this part mustshall
be designated by 1 or more of the following hazard codes:
(a) For ignitable waste, (I).
(b) For corrosive waste, (C).
(c) For reactive waste, (R).
(d) For toxicity characteristic waste, (E).
(e) For acute hazardous waste, (H).
(f) For toxic waste, (T).
(6)
The constituents that were the basis for listing the waste as toxicity
characteristic waste (E) or toxic waste (T) in R 299.9220 and
R 299.9222 are identified in the provisions of 40 C.F.R.
part 261, appendix VII.
(7)
The provisions of 40 C.F.R. §261.11 and 40 C.F.R.
part 261, appendix VII, are adopted by reference in R 299.11003.
R 299.9210 Removal from hazardous waste listings.
Rule
210. (1) A petition may be made to the director for removal from listing in
this part any listed waste or hazardous waste constituent, except those determined
by the administrator to be hazardous in the provisions of 40 C.F.R.
part 261. The petition mustshall be accompanied by
substantiating data and references taken from scientific literature whichthat
challenges the validity of the data which that led to the waste
or waste constituent listing. Data supplied mustshall be
reviewed and evaluated by the director. If the petition is granted, rule
change procedures, as outlined in act 306, mustshall be initiated
for delisting of the waste or constituent. If the petition is not granted, the
director shall inform the generator of the reasons why within 180 days ofafter
receipt of such a the petition.
(2)
Pursuant to the provisions of 40 C.F.R. §§260.20
and 260.22, a petition may be made to the EPA to remove from listing those
wastes or constituents listed in the provisions of 40 C.F.R.
part 261. When wastes are removed from the listing in the provisions of 40
C.F.R. part 261 by the EPA, the director shall initiate
rule change procedures, as outlined in section 11128 of part 111
of the act, MCL 324.11128, to remove those wastes from the listing
in R 299.9203.
R 299.9211 Petitions to exclude waste produced at a particular facility.
Rule 211. (1) Any person seeking to exclude a waste at a particular generating facility from the lists in this part shall do the following:
(a)
If the waste is listed in the provisions of 40 C.F.R.
part 261, subpart D, contains a waste listed in subpart D, or is derived from a
waste listed in subpart D and does not meet the criteria of paragraph (c) of
this subrule, petition the administrator, under the provisions of
40 C.F.R. §§260.20 and 260.22, to exclude the
waste at the a particular generating facility from the lists. If
the petition is granted by the administrator, the director shall do both of the
following:
(i)
Within 60 days ofafter the redesignation by the administrator,
request any information necessary to evaluate the petition.
(ii)
Within 180 days ofafter receiving all information necessary to
evaluate the petition, redesignate the waste and impose any conditions on the
redesignation necessary to protect human health and the environment.
(b)
If the waste is listed in this part, but not listed in the provisions of
40 C.F.R. part 261, subpart D, petition the
director to exclude the waste at the particular generating facility from the
lists in the part. The petition mustshall include that
information specified by the provisions of C.F.R. §260.22(i)
and shall demonstrate that either the waste does not contain hazardous
constituents or that the waste does contain hazardous constituents, but is not
capable of posing a substantial present or potential hazard to human health or
the environment when improperly treated, stored, transported, disposed of, or
otherwise managed, considering the factors listed in the provisions of 40 C.F.R.
§261.11(a)(3). After receiving a petition for an exclusion, the
director shall do both of the following:
(i)
Within 60 days ofafter receiving a petition for an exclusion,
request any information necessary to evaluate the petition.
(ii)
Within 180 days ofafter receiving all information necessary to
evaluate the petition, either approve the petition with any conditions
necessary to protect human health and the environment or deny the petition.
(c)
If the waste is treated, stored, or disposed of as part of closure or partial
closure of a treatment, storage, or disposal facility or if the waste is
contaminated soil deemeddetermined hazardous under
R 299.9203(1) or R 299.9214 due to its mixture with a hazardous
waste, petition the director to exclude the waste at the particular facility
from regulation under these rules. The petition mustshall
contain that information specified in 40 C.F.R. §§260.20(b)
and 260.22. After receiving a complete petition under subrule (3) of this
rule, the director shall do all of the following:
(i)
Make a tentative decision to grant or deny the petition based on the criteria
specified in 40 C.F.R. §260.22.
(ii) Public notice the tentative decision and provide 30 days for public comment.
(iii)
After evaluating all public comments, make a final decision on the petition.
The director shall grant the petition if the criteria specified in 40 C.F.R.
§260.22 are met.
(2) Noncompliance with any conditions imposed under subrule (1) of this rule or any change of constituents, physical state, conditions of the generating process, or other variation which would increase the hazardous characteristics of the waste is a basis for the director to amend or revoke the delisting under act 306.
(3)
Wastes for which petitions are under consideration mustshall be
managed as required by these rules until such time that a redesignation
is granted.
(4)
The provisions of 40 C.F.R. §§260.20, 260.22,
260.31, and 261.11(a)(3) are adopted by reference in R 299.11003, with the
exception that the word "director" shall replaces the
word "administrator."
R 299.9212 Characteristics of hazardous waste.
Rule 212. (1) A waste exhibits the characteristic of ignitability and is identified by the hazardous waste number D001 if a representative sample of the waste has any of the following properties:
(a)
It is a liquid, other than an aqueous solution produced by a kraft
pulp or paper mill that contains less than 24% alcohol by volume and not
less than 50% water by weight, or an aqueous solution that contains less
than 24% alcohol, by volume, as defined by section 211.117(a)(5) to (7) of
the Internal Revenue Code, 27 U.S.C. §211.117(a)(5) to (7), including
distilled spirits, wine, and malt beverages, and has a flash point less
than 60 degrees Centigrade, (140 degrees Fahrenheit), as
determined by any of the following test methods:
(i)
A Pensky‑Martens closed cup tester using the test methods specified in
ASTM standards D93‑15a79, D93-80, or D8175-18
which is are adopted by reference in R 299.11001.
(ii)
A setaflash closed cup tester using the test method specified in ASTM standard
D3278‑9678, which is adopted by reference in R 299.11001.
(iii)
A small scale closed cup tester standard test method for
flash point by continuously closed cup tester using the test method
specified in ASTM standard D8174-186450-12, which is adopted by
reference in R 299.11001.
(iv) An equivalent test method approved by the
director, or his or herthe director’s designee, pursuant to
procedures in R 299.9215.
(b) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.
(c)
It is an ignitable compressed gas as defined in 40 C.F.R.
§261.21(a)(3) and meets the specified criteria specified
therein.
(d)
It is an oxidizer as defined in 490 C.F.R.
§26173.2127(a)(4) and meets the specified
criteria, which is adopted by reference in R 299.11004.
(2) A waste exhibits the characteristic of corrosivity and is identified by the hazardous waste number D002 if a representative sample of the waste has either of the following properties:
(a) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using method 9040C in the publication entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference in R 299.11005.
(b)
It is a liquid and corrodes steel, (SAE 1020), at a
rate of more than 6.35 mm, (0.250 inch), per
year at a test temperature of 55 degrees Centigrade, (130 degrees
Fahrenheit), as determined by method 1110A in the publication
entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods," which is adopted by reference in R 299.11005.
(3) A waste exhibits the characteristic of reactivity and is identified by the hazardous waste number D003 if a representative sample of the waste has any of the following properties:
(a) It is normally unstable and readily undergoes violent change without detonating.
(b) It reacts violently with water.
(c) It forms potentially explosive mixtures with water.
(d) When mixed with water, it generates toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment.
(e) It is a cyanide or sulfide‑bearing waste that, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment.
(f) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
(g) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
(h)
It is a forbidden explosive as that term is defined in 49 C.F.R.
§173.54, or it meets the definition of a Division 1.1, 1.2, or 1.3
explosive as defined in 49 C.F.R. §§173.50 and
173.53, which are adopted by reference in R 299.11004.
(4)
A waste, except manufactured gas plant waste, exhibits the toxicity
characteristic if, using the toxicity characteristic leaching procedure, test
Method 1311 in the publication entitled "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods," which is adopted by reference in
R 299.11005, the extract from a representative sample of the waste
contains any of the contaminants listed by the administrator or the director
and identified in table 201a of these rules at a concentration equal to or
greater than the respective values given in the tables. If the waste contains
less than 0.5% filterable solids, then the waste itself, after filtering
using the methodology outlined in mMethod 1311, is considered to
be the extract underfor the purposes of this rule.
(5) A waste exhibits the characteristic of severe toxicity if the waste contains 1 part per million or more of a severely toxic substance listed in table 202.
(6)
A hazardous waste that is identified by a characteristic in this rule mustshall
be assigned every hazardous waste number that is applicables.
The hazardous waste number or numbers mustshall be used in
complying with the notification, recordkeeping, and reporting requirements of
these rules. The hazardous waste numbers are as follows:
(a) For wastes determined to be hazardous pursuant to subrules (4) and (5) of this rule, the hazardous waste number listed in table 201a or table 202 of these rules.
(b) For a waste that exhibits the characteristic of ignitability, the hazardous waste number D001.
(c) For a waste that exhibits the characteristic of corrosivity, the hazardous waste number D002.
(d) For a waste that exhibits the characteristic of reactivity, the hazardous waste number D003.
(7)
For the purposes of this rule, the director, or the director’shis
or her designee, shall consider a sample that is obtained using any of the
applicable sampling methods specified in 40 C.F.R. part 261,
appendix I, which is adopted by reference in R 299.11003, to be a
representative sample.
(8)
The following test methods mustshall be used:
(a) For aflatoxin, the test methods in subsection 26, natural poisons, of the publication entitled "Official Methods of Analysis of the Association of Official Analytical Chemists," 13th edition, 1980, which is adopted by reference in R 299.11006.
(b) For chlorinated dibenzo‑p‑dioxins and chlorinated dibenzofurans in chemical wastes, including still bottoms, filter aids, sludges, spent carbon, and reactor residues, and in soil, EPA method 8280B or 8290A in the publication entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference in R 299.11005.
(c)
Alternate procedures as approved by the director or his or herthe
director’s designee.
(9)
The provisions of 40 C.F.R. §261.21(a)(3) and
(4) are adopted by reference in R 299.11003.
R 299.9213 Lists of hazardous wastes from nonspecific and specific sources.
Rule 213. (1) The following wastes are hazardous wastes unless excluded under R 299.9211:
(a) Wastes from nonspecific sources listed by the administrator and identified in table 203a of these rules.
(b) Wastes from specific sources listed by the administrator and identified in table 204a of these rules.
(2) Each hazardous waste that is listed in subrule (1) of this rule is assigned a hazardous waste number that precedes the name of the waste on the table in which it is listed. The number must be used in complying with the notification requirements and the recordkeeping and reporting requirements of these rules.
(3) The EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027 are subject to the exclusion limits for acutely hazardous wastes established in R 299.9304.
(4) For the purposes of the
EPA hazardous waste numbers F037 and F038 listings, aggressive biological
treatment units are defined as those units that employ 1 of the following
4 treatment methods:
(a) Activated sludge.
(b) Trickling filter.
(c) Rotating biological contactor for the continuous accelerated biological oxidation of wastewaters.
(d) High‑rate aeration. High‑rate aeration is a system of surface impoundments or tanks in which intense mechanical aeration is used to completely mix the wastes and enhance biological activity. High‑rate aeration systems must be composed of units that employ a minimum of 6 horsepower per million gallons of treatment volume and either the hydraulic retention time of the unit is no longer than 5 days, or the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is hazardous waste by the toxicity characteristic.
(5) Generators and facility
owners and operators shall demonstrate that their sludges are not subject to
being listed as F037 or F038, or both, wastes under subrule (4) of this rule.
Generators and facility owners and operators shall maintain, in their operating
or other on‑site records, documents and data sufficient to demonstrate
that the unit is an aggressive biological treatment unit as defined in subrule
(4) of this rule and that the sludges sought to be exempted from the
definitions of F037 or F038, or both, wastes were actually generated in
the aggressive biological treatment unit.
(6) For the purposes of the
EPA hazardous waste number F037 listing, sludges are considered to be generated
at the moment of deposition in the unit, where deposition is defined as at least
a temporary cessation of lateral particle movement.
(7) For the purposes of the
EPA hazardous waste number F038 listing, sludges are considered to be generated
at the moment of deposition in the unit, where deposition is defined as at
least a temporary cessation of lateral particle movement, and floats are
considered to be generated at the moment they are formed in the top of the
unit.
R 299.9214 Discarded commercial chemical products, off‑specification species, containers, container residues, and spill residues as hazardous wastes.
Rule 214. (1) The following materials or items are hazardous wastes when they are discarded or intended to be discarded as described in R 299.9202(1)(a), when they are burned for energy recovery instead of their original intended use, when they are used to produce fuels instead of their intended use, when they are applied to the land instead of their intended use, or when they are contained in products that are applied to the land instead of their original intended use:
(a) Any commercial chemical product or manufacturing chemical intermediate having the generic name in tables 205a, 205b, and 205c of these rules.
(b) Any off‑specification commercial chemical product or manufacturing intermediate that, if it met specifications, would have the generic name listed in tables 205a, 205b, and 205c of these rules.
(c) Any residue that
remains in a container or in an inner liner which is removed from a container
that has held any commercial chemical product or manufacturing chemical
intermediate having the generic names listed in tables 205a, 205b, and 205c of
these rules, unless the container is empty as defined in R 299.9207.
Unless the residue is being beneficially used or reused; legitimately
recycled or reclaimed; or accumulated, stored, transported, or treated before
use, reuse, recycle, or reclamation, the department considers the residue to be
intended for discard and, thus, a hazardous waste.
(d) Any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill into any water or on any land of any commercial chemical product, a manufacturing chemical intermediate having the generic name listed in tables 205a, 205b, and 205c of these rules, any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill into any water or on any land of any off‑specification chemical product, and manufacturing chemical intermediate that, if it met specifications, would have the generic name listed in tables 205a, 205b, and 205c of these rules.
(2) The commercial chemical products, manufacturing chemical intermediates, or off‑specification commercial chemical products listed by the administrator and identified in table 205a are acutely hazardous wastes (H).
(3) The commercial chemical products, manufacturing chemical intermediates, or off‑specification commercial chemical products listed by the administrator and identified in table 205b are toxic wastes (T).
(4) The commercial chemical
products, manufacturing chemical intermediates, or off‑specification
commercial chemical products listed by the director and identified in table
205c are toxic wastes (T).
(5) As used in subrule (1) of this rule, the phrases "commercial chemical product," "manufacturing chemical intermediate," "off‑specification commercial chemical product," and "manufacturing chemical intermediate" refer to materials that are manufactured or formulated for commercial or manufacturing use. The phrases do not refer to materials, such as manufacturing process wastes, that contain any of the substances listed in tables 205a, 205b, or 205c of these rules.
(6) Each hazardous waste
listed in subrule (1) of this rule is assigned the hazardous waste number in
tables 205a, 205b, or 205c of these rules that corresponds to the constituent that
caused the waste to be hazardous. With regard to a mixture of hazardous
wastes, a number must be assigned in the following priority order based upon
the wastes or constituents present:
(a) Acutely hazardous, from table 205a.
(b) Toxic, from table 205b.
(c) Toxic, from table 205c of these rules.
If the constituents are listed in the same table, the number assigned must correspond to the constituents present in the greatest amount on a weight basis.
R 299.9215 Petitions for equivalent testing or analytical methods.
Rule
215. (1) Any person seeking to add a testing or analytical method to these
rules may petition the director for a rules change under this rule. To
be successful, the person shall demonstrate, to the satisfaction of the
director, that the proposed method is equal to or superior to the corresponding
method prescribed in the provisions of 40 C.F.R. part
261, 264, or 265 of these rules in terms of its sensitivity, accuracy, and
precision.
(2)
Each petition under this rule mustshall contain that information
required by the provisions of 40 C.F.R. §§260.20(b)
and 260.21(b).
(3)
After receiving a petition for an equivalent method, the director, or his or
herthe director’s designee, shall within 120 days ofafter receiving
the petition, request any additional information on the proposed method which they
or she may reasonably require to evaluate the method. If the petition
is granted, the director shall initiate rule change procedures under act 306.
(4)
The provisions of 40 C.F.R. §§260.20(b) and
260.21(b) are adopted by reference in R 299.11003.
R 299.9216 Method of analysis.
Rule
216. (1) The method of analysis specified in the provisions of appendix I of
40 C.F.R. part 261 mustshall be
used to identify the hazardous constituents listed in appendices VII and VIII
of 40 C.F.R. part 261. Alternate methods of analysis
may be used if approved by the director.
(2)
The provisions of 40 C.F.R. part 261, appendices I, VII,
and VIII are adopted by reference in R 299.11003.
R 299.9217 Table 201a.
Rule 217. Table 201a reads as follows:
T |
|||
EPA Hazardous Waste Number |
Chemical Abstract Services Number |
Material |
Extract Concentration milligrams per liter |
D004 |
440-38-2 |
Arsenic |
5.0 |
D005 |
7440-39-3 |
Barium |
100.0 |
D018 |
71-43-2 |
Benzene |
0.5 |
D006 |
7440-43-9 |
Cadmium |
1.0 |
D019 |
56-23-5 |
Carbon tetrachloride |
0.5 |
D020 |
57-74-9 |
Chlordane |
0.03 |
D021 |
108-90-7 |
Chlorobenzene |
100.0 |
D022 |
67-66-3 |
Chloroform |
6.0 |
D007 |
7440-47-3 |
Chromium |
5.0 |
D023 |
95-48-7 |
o-Cresol |
200.0** |
D024 |
108-39-4 |
m-Cresol |
200.0** |
D025 |
106-44-5 |
p-Cresol |
200.0** |
D026 |
-------- |
Cresol |
200.0** |
D016 |
94-75-7 |
2,4-D (2,4-Dichlorophenoxyacetic Acid) |
10.0 |
D027 |
106-46-7 |
1,4-Dichlorobenzene |
7.5 |
D028 |
107-06-2 |
1,2-Dichloroethane |
0.5 |
D029 |
75-35-4 |
1,1-Dichloroethylene |
0.7 |
D030 |
121-14-2 |
2,4-Dinitrotoluene |
0.13* |
D012 |
72-20-8 |
Endrin (1,2,3,4,10,10-hexachloro-1,7-Epoxy-1,4,4a,5,6,7,8,8a octahydro-1,4-endo, endo-5,8-dimenthano naphthalene) |
0.02 |
D031 |
76-44-8 |
Heptachlor (and its Epoxide) |
0.008 |
D032 |
118-74-1 |
Hexachlorobenzene |
0.13* |
D033 |
87-68-3 |
Hexachlorobutadiene |
0.5 |
D034 |
67-72-1 |
Hexachloroethane |
3.0 |
D008 |
7439-92-1 |
Lead |
5.0 |
D013 |
58-89-9 |
Lindane (1,2,3,4,5,6-hexa-chlorocyclo-hexane, gamma isomer) |
0.4 |
D009 |
7439-97-6 |
Mercury |
0.2 |
D014 |
72-43-5 |
Methoxychlor (1,1,1-trichloro-2,2-bis(p-methoxyphenyl) ethane) |
10.0 |
D035 |
78-93-3 |
Methyl ethyl ketone |
200.0 |
D036 |
98-95-3 |
Nitrobenzene |
2.0 |
D037 |
87-86-5 |
Pentachlorophenol |
100.0 |
D038 |
110-86-1 |
Pyridine |
5.0* |
D010 |
7782-49-2 |
Selenium |
1.0 |
D011 |
7440-22-4 |
Silver |
5.0 |
D039 |
127-18-4 |
Tetrachloroethylene |
0.7 |
D015 |
8001-35-2 |
Toxaphene (C10H10C18, Technical chlorinated camphene, 67-69% chlorine) |
0.5 |
D040 |
79-01-6 |
Trichloroethylene |
0.5 |
D041 |
95-95-4 |
2,4,5-Trichlorophenol |
400.0 |
D042 |
88-06-2 |
2,4,6-Trichlorophenol |
2.0 |
D017 |
93-72-1 |
2,4,5-TP Silvex (2,4,5-Tri-chlorophenoxypropionic acid) |
1.0 |
D043 |
75-01-4 |
Vinyl chloride |
0.2 |
* Quantitation limit is
greater than the calculated regulatory level. The quantitation limit therefore
then becomes the regulatory level.
**IFf o-, m-,
and p-Cresol concentrations cannot be differentiated, the total cresol (D026)
concentration is used. The regulatory level of total cresol is 200 milligrams
/per liter.
R 299.9219 Table 202.
Rule 219. Table 202 reads as follows:
T |
|
Michigan Hazardous Waste Number |
Substance |
001S |
Aflatoxin |
002S |
2,3,7,8-Tetrachlorodibenzo-p-dioxin |
003S |
1,2,3,7,8-Pentachlorodibenzo-p-dioxin |
004S |
1,2,3,4,7,8-Hexachlorodibenzo-p-dioxin |
005S |
1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin |
006S |
1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin |
007S |
2,3,7,8-Tetrachloridibenzo furan |
R 299.9220 Table 203a; hazardous waste from nonspecific sources.
Rule 220. Table 203a reads as follows:
T |
||
EPA Hazardous Waste Number |
Hazardous Waste from Nonspecific Sources |
Hazard Code |
F001 |
The following spent halogenated solvents used in degreasing: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1‑trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures and blends used in degreasing containing, before use, a total of 10% or more, by volume, of 1 or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures |
(T) |
F002 |
The following spent halogenated solvents: tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1‑trichloroethane, chlorobenzene, 1,1,2‑trichloro‑1,2,2‑trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane and 1,1,2‑ trichloroethane; all spent solvent mixtures and blends containing, before use, a total of 10% or more, by volume, of 1 or more of the above halogenated solvents or those solvents listed in F001, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures |
(T) |
F003 |
The following spent nonhalogenated solvents: xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n‑butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures and blends containing, before use, only the above spent nonhalogenated solvents; and all spent solvent mixtures or blends, containing before use, one or more of the above nonhalogenated solvents, and a total of 10% or more, by volume, of 1 or more of those solvents listed in F001, F002, F004, and F005 and still bottoms from the recovery of these spent solvents and spent solvent mixtures |
(I) |
F004 |
The following spent nonhalogenated solvents: cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures and blends containing, before use, a total of 10% or more, by volume, of 1 or more of the above non‑halogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures |
(T) |
F005 |
The following spent nonhalogenated solvents: toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2‑ethoxyethanol, and 2‑nitropropane; all spent solvent mixtures and blends containing, before use, a total of 10% or more, by volume, of 1 or more of the above nonhalogenated solvents or those solvents listed in F001, F002 and F004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures |
(I,T) |
F006 |
Wastewater treatment sludges from electroplating operations except from the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating used on a segregated basis on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning or stripping associated with tin, zinc, and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum |
(T) |
F007 |
Spent cyanide plating bath solutions from electroplating operations |
(R,T) |
F008 |
Plating sludges from the bottom of plating baths from electroplating operations where cyanides are used in the process |
(R,T) |
F009 |
Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process |
(R,T) |
F010 |
Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process |
(R,T) |
F011 |
Spent cyanide solutions from salt bath pot cleaning from metal heat‑treating operations |
(R,T) |
F012 |
Quenching wastewater treatment sludges from metal heat-treating operations where cyanides are used in the process |
(T) |
F019 |
Wastewater treatment
sludges from the chemical conversion coating of aluminum except from
zirconium phosphating in aluminum can washing when |
(T) |
F020 |
Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process, of tri‑ or tetrachlorophenol or of intermediates used to produce their pesticide derivatives. This listing does not include wastes from the production of hexachlorophene from highly purified 2,4,5‑trichlorophenol |
(H) |
F021 |
Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process of pentachlorophenol or of intermediates used to produce its derivatives |
(H) |
F022 |
Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the manufacturing use as a reactant, chemical intermediate, or component in a formulating process of tetra‑, penta‑, or hexachlorobenzenes under alkaline conditions |
(H) |
F023 |
Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production of materials on equipment previously used for the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process of tri‑ and tetrachlorophenols. This listing does not include wastes from equipment used only for the production or use of hexachlorophene from highly purified 2,4,5‑trichlorophenol |
(H) |
F024 |
Process wastes, including, but not limited to, distillation residues, heavy ends, tars, and reactor clean‑out wastes from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from 1 to 5, with varying amounts and positions of chlorine substitutions. This listing does not include wastewater, wastewater treatment sludges, spent catalysts, and wastes listed in R 299.9213(1)(a) or R 299.9214(1)(a) |
(T) |
F025 |
Condensed light ends, spent filters and filter acids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from 1 to 5, with varying amounts and positions of chlorine substitution |
(T) |
F026 |
Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production of materials on equipment previously used for the manufacturing use as a reactant, chemical intermediate, or component in a formulating process of tetra‑, penta‑, or hexachlorobenzene under alkaline conditions |
(H) |
F027 |
Discarded unused formulations containing tri‑, tetra‑, or pentachlorophenol or discarded unused formulation containing compounds derived from these chlorophenols. This listing does not include formulations containing hexachlorophene synthesized from prepurified 2,4,5‑trichlorophenol as the sole component |
(H) |
F028 |
Residues resulting from the incineration or thermal treatment of soil contaminated with EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027 |
(T) |
F032 |
Wastewaters,
except for those that have not come into contact with process contaminants;
process residuals; preservative drippage; and spent formulations from wood
preserving processes generated at plants that currently use or have
previously used chlorophenolic formulations, except potentially
cross-contaminated wastes that have had the F032 hazardous waste number
deleted pursuant to 40 C |
(T) |
F034 |
Wastewaters, except for those that have not come into contact with process contaminants; process residuals; preservative drippage; and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol, or both. |
(T) |
F035 |
Wastewaters, except for those that have not come into contact with process contaminants; process residuals; preservative drippage; and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol, or both. |
(T) |
F037 |
Petroleum refinery primary
oil/water/solids (oil and/or water and/or solids) separation sludge‑any
sludge generated from the gravitational separation of oil/water/solids during
the storage or treatment of process wastewaters and oily cooling wastewaters
from petroleum refineries. |
(T) |
F038 |
Petroleum refinery
secondary (emulsified) oil/water/solids (oil and/or water and/or solids)
separation sludge‑any sludge or float generated from the physical or
chemical separation of oil/water/solids in process wastewaters and oily
cooling wastewaters from petroleum refineries. |
(T) |
F039 |
Leachate resulting from the treatment, storage, or disposal of wastes classified by more than 1 hazardous waste number pursuant to R 299.9213 and R 299.9214 or from a mixture of wastes classified pursuant to R 299.9213 and R 299.9214. Leachate resulting from the management of 1 or more of the following hazardous wastes, and no other hazardous wastes, retains its original hazardous waste number or numbers: F020, F021, F022, F023, F026, F027, or F028. |
(T) |
R 299.9222 Table 204a; hazardous wastes from specific sources.
Rule 222. Table 204a reads as follows:
T |
|||
Industry |
EPA Hazardous Waste Number |
Hazardous Waste from Specific Sources |
Hazard Code |
Wood Preservation |
K001 |
Bottom sediment sludge from
the treatment of wastewaters from wood-preserving processes that use creosote
or pentachlorophenol, or both |
(T) |
Inorganic Pigments |
K002 |
Wastewater treatment sludge from the production of chrome yellow and orange pigments |
(T) |
K003 |
Wastewater treatment sludge from the production of molybdate orange pigments |
(T) |
|
K004 |
Wastewater treatment sludge from the production of zinc yellow pigments |
(T) |
|
K005 |
Wastewater treatment sludge from the production of chrome green pigments |
(T) |
|
K006 |
Wastewater treatment sludge from the production of chrome oxide green pigments, anhydrous and hydrated forms |
(T) |
|
K007 |
Wastewater treatment sludge from the production of iron blue pigments |
(T) |
|
K008 |
Oven residue from the production of chrome oxide green pigments |
(T) |
|
Organic Chemicals |
K009 |
Distillation bottoms from the production of chemicals acetaldehyde from ethylene |
(T) |
K010 |
Distillation side cuts from the production of acetaldehyde from ethylene |
(T) |
|
K011 |
Bottom stream from the wastewater stripper in the production of acrylonitrile |
(R,T) |
|
K013 |
Bottom stream from the acetonitrile column in the production of acrylonitrile |
(R,T) |
|
K014 |
Bottoms from the acetonitrile purification column in the production of acrylonitrile |
(T) |
|
K015 |
Still bottoms from the distillation of benzyl chloride |
(T) |
|
K016 |
Heavy ends or distillation residues from the production of carbon tetrachloride |
(T) |
|
K017 |
Heavy ends or still bottoms from the purification column in the production of epichlorohydrin |
(T) |
|
K018 |
Heavy ends from the fractionation column in ethyl chloride production |
(T) |
|
K019 |
Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production |
(T) |
|
K020 |
Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production |
(T) |
|
K021 |
Aqueous spent antimony catalyst waste from fluoromethanes production |
(T) |
|
K022 |
Distillation bottom tars from the production of phenol or acetone from cumene |
(T) |
|
K023 |
Distillation light ends from the production of phthalic anhydride from naphthalene |
(T) |
|
K024 |
Distillation bottoms from the production of phthalic anhydride from naphthalene |
(T) |
|
K025 |
Distillation bottoms from the production of nitrobenzene by the nitration of benzene |
(T) |
|
K026 |
Stripping still tails from the production of methyl ethyl pyridines |
(T) |
|
K027 |
Centrifuge and distillation residues from toluene diisocyanate production |
(R,T) |
|
K028 |
Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane |
(T) |
|
K029 |
Waste from the product steam stripper in the production of 1,1,1-trichloroethane |
(T) |
|
K030 |
Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene |
(T) |
|
K083 |
Distillation bottoms from aniline production |
(T) |
|
K085 |
Distillation of fractionation column bottoms from the production of chlorobenzenes |
(T) |
|
K093 |
Distillation light ends from the production of phthalic anhydride from ortho-xylene |
(T) |
|
K094 |
Distillation bottoms from the production of phthalic anhydride from ortho-xylene |
(T) |
|
K095 |
Distillation bottoms from the production of 1,1,1-trichloroethane |
(T) |
|
K096 |
Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane |
(T) |
|
K103 |
Process residues from aniline extraction from the production of aniline |
(T) |
|
K104 |
Combined wastewater streams generated from nitrobenzene or aniline production |
(T) |
|
K105 |
Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes |
(T) |
|
|
K107 |
Column bottoms from product separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides |
(C,T) |
K108 |
Condensed column overheads from product separation and condensed reactor vent gases from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides |
(I,T) |
|
K109 |
Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides |
(T) |
|
K110 |
Condensed column overheads from intermediate separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides |
(T) |
|
K111 |
Product washwaters from the production of dinitrotoluene via nitration of toluene |
(C,T) |
|
K112 |
Reaction by-product water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene |
(T) |
|
K113 |
Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene |
(T) |
|
K114 |
Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene |
(T) |
|
K115 |
Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene |
(T) |
|
K116 |
Organic condensate from the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine |
(T) |
|
K117 |
Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethane |
(T) |
|
K118 |
Spent adsorbent solids from purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene |
(T) |
|
K136 |
Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene |
(T) |
|
K149 |
Distillation bottoms from
the production of alpha- |
(T) |
|
K150 |
Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha‑ (or methyl-) chlorinated toluenes, ring‑chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups |
(T) |
|
K151 |
Wastewater treatment sludges, excluding *neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha‑ (or methyl-) chlorinated toluenes, ring‑chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups |
(T) |
|
K156 |
Organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n‑butylcarbamate. |
(T) |
|
K157 |
Wastewaters, including scrubber waters, condenser waters, washwaters, and separation waters, from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3‑iodo-2-propynyl n-butylcarbamate. |
(T) |
|
|
K158 |
Baghouse dusts and filter/separation solids from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3‑iodo-2-propynyl n-butylcarbamate. |
(T) |
K159 |
Organics from the treatment of thiocarbamate wastes |
(T) |
|
K161 |
Purification solids, including filtration, evaporation, and centrifugation solids, bag house dust, and floor sweepings from the production of dithiocarbamates acids and their salts. This listing does not include K125 or K126. |
(R,T) |
|
K174 |
Wastewater
treatment sludges from the production of ethylene dichloride or vinyl
chloride monomer, including sludges that result from commingled ethylene
dichloride or vinyl chloride monomer wastewater and other wastewater, unless
the sludges meet the following conditions: (1) they are disposed of in a
hazardous waste landfill or a nonhazardous waste landfill licensed or
permitted by the state or federal government, (2) they are not otherwise
placed on the land before final disposal, and (3) the generator maintains
documentation demonstrating that the waste was either disposed of in an
on-site landfill or consigned to a transporter or disposal facility that
provided a written commitment to dispose of the waste in an off-site
landfill. Respondents in any
action brought to enforce the requirements of rcra or part 111 of the act |
(T) |
|
|
K175 |
Wastewater treatment sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process |
(T) |
K181 |
Nonwastewaters
from the production of dyes or pigments, including nonwastewaters commingled
at the point of generation with nonwastewaters from other processes, that, at
the point of generation, contain mass loadings of any of the K181 listing
constituents identified in 40 C |
(T) |
|
Inorganic Chemicals |
K071 |
Brine purification muds from the mercury cell process in chlorine production, where separately pre-purified brine is not used |
(T) |
K073 |
Chlorinated hydrocarbon wastes from the purification step of the diaphragm cell process using graphite anodes in chlorine production |
(T) |
|
K106 |
Wastewater treatment sludge from the mercury cell process in chlorine production |
(T) |
|
K176 |
Baghouse filters from the production of antimony oxide, including filters from the production of intermediates |
(E) |
|
K177 |
Slag from the production of antimony oxide that is speculatively accumulated or disposed, including slag from the production of intermediates |
(T) |
|
K178 |
Residues from manufacturing and manufacturing-site storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process |
(T) |
|
Pesticides |
K031 |
By-product salts generated in the production of MSMA and cacodylic acid |
(T) |
K032 |
Wastewater treatment sludge from the production of chlordane |
(T) |
|
K033 |
Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane |
(T) |
|
K034 |
Filter solids from the filtration of hexachlorocyclopentadiene in the production of chlordane |
(T) |
|
K035 |
Wastewater treatment sludges generated in the production of creosote |
(T) |
|
K036 |
Still bottoms from toluene reclamation distillation in the production of disulfoton |
(T) |
|
K037 |
Wastewater treatment sludges from the production of disulfoton |
(T) |
|
K038 |
Wastewater from the washing and stripping of phorate production |
(T) |
|
K039 |
Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate |
(T) |
|
K040 |
Wastewater treatment sludge from the production of phorate |
(T) |
|
K041 |
Wastewater treatment sludge from the production of toxaphene |
(T) |
|
K042 |
Heavy ends of distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T |
(T) |
|
K043 |
2,6-Dichlorophenol waste from the production of 2,4-D |
(T) |
|
K097 |
Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane |
(T) |
|
K098 |
Untreated process wastewater from the production of toxaphene |
(T) |
|
K099 |
Untreated wastewater from the production of 2,4-D |
(T) |
|
K123 |
Process wastewater, including supernates, filtrates, and washwaters, from the production of ethylenebisdithiocarbamic acid and its salt |
(T) |
|
K124 |
Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salt |
(C,T) |
|
K125 |
Filtration, evaporation, and centrifugation solids from the production of ethylenebisdithiocarbamic acid and its salt |
(T) |
|
K126 |
Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts |
(T) |
|
K131 |
Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide |
(C,T) |
|
K132 |
Spent absorbent and wastewater separator solids from the production of methyl bromide |
(T) |
|
Explosives |
K044 |
Wastewater treatment sludges from the manufacturing and processing of explosives |
(I) |
K045 |
Spent carbon from the treatment of wastewater containing explosives |
(I) |
|
K046 |
Wastewater treatment sludges from the manufacturing, formulation, and loading of lead-based initiating compounds |
(T) |
|
K047 |
Pink or red water from TNT operations |
(I) |
|
Petroleum Refining |
K048 |
Dissolved air floatation, DAF, float from the petroleum refining industry |
(T) |
K049 |
Slop oil emulsion solids from the petroleum refining industry |
(T) |
|
K050 |
Heat exchanger bundle cleaning sludge from the petroleum refining industry |
(T) |
|
K051 |
API separator sludge from the petroleum refining industry |
(T) |
|
K052 |
Tank bottoms, leaded, from the petroleum refining industry |
(T) |
|
K169 |
Crude oil storage tank sediment from petroleum refining operations |
(T) |
|
K170 |
Clarified slurry oil tank
sediment |
(T) |
|
K171 |
Spent hydrotreating catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors. This listing does not include inert support media. |
(I, T) |
|
K172 |
Spent hydrorefining catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors. This listing does not include inert support media. |
(I, T) |
|
Iron and Steel |
K061 |
Emission control dust or sludge from the primary production of steel in electric furnaces |
(T) |
K062 |
Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel industry |
(C,T) |
|
Primary Aluminum |
K088 |
Spent potliners from primary aluminum reduction |
(T) |
Secondary Lead |
K069 |
Emission
control dust or sludge from secondary lead smelting. (This listing is stayed
administratively for sludge generated from secondary acid scrubber systems.
The stay |
(T) |
K100 |
Waste leaching solution from acid leaching of emission control dust sludge from secondary lead smelting |
(T) |
|
Veterinary Pharmaceu- ticals |
K084 |
Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo‑arsenic compounds |
(T) |
K101 |
Distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds |
(T) |
|
K102 |
Residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo‑arsenic compounds |
(T) |
|
Ink Formulation |
K086 |
Solvent washes and sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead |
(T) |
Coking |
K060 |
Ammonia still lime sludge from coking operations |
(T) |
K087 |
Decanter tank tar sludge from coking operations |
(T) |
|
K141 |
Process residues from the recovery of coal tar, including, but not limited to, collecting sump residues from the production of coke from coal or the recovery of coke by‑products produced from coal. This listing does not include K087. |
(T) |
|
K142 |
Tar storage tank residues from the production of coke from coal or from the recovery of coke by‑products produced from coal |
(T) |
|
K143 |
Process residues from the recovery of light oil, including, but not limited to, those generated in stills, decanters, and wash oil recovery units from the recovery of coke by‑products produced from coal |
(T) |
|
K144 |
Wastewater sump residues from light oil refining, including, but not limited to, intercepting or contamination sump sludges from the recovery of coke by‑products produced from coal |
(T) |
|
K145 |
Residues from naphthalene collection and recovery operations from the recovery of coke by‑products produced from coal |
(T) |
|
K147 |
Tar storage tank residues from coal tar refining |
(T) |
|
K148 |
Residues from coal tar distillation, including, but not limited to, still bottoms |
(T) |
R 299.9224 Table 205a; discarded commercial chemical products; off‑specification species; container residues; and spill residues thereof as acutely hazardous wastes.
Rule 224. Table 205a reads as follows:
T |
|||
EPA Hazardous Waste Number |
Chemical Abstract Services Number |
Substance |
Hazard Code |
P023 |
107-20-0 |
Acetaldehyde, chloro- |
|
P002 |
591-08-2 |
Acetamide, N-(aminothioxomethyl)- |
|
P057 |
640-19-7 |
Acetamide, 2-fluoro- |
|
P058 |
62-74-8 |
Acetic acid, fluoro-, sodium salt |
|
P002 |
591-08-2 |
1-Acetyl-2-thiourea |
|
P003 |
107-02-8 |
Acrolein |
|
P070 |
116-06-3 |
Aldicarb |
|
P203 |
1646-88-4 |
Aldicarb sulfone |
|
P004 |
309-00-2 |
Aldrin |
|
P005 |
107-18-6 |
Allyl alcohol |
|
P006 |
20859-73-8 |
Aluminum phosphide |
(R,T) |
P007 |
2763-96-4 |
5-(Aminomethyl)-3-isoxazolol |
|
P008 |
504-24-5 |
4-Aminopyridine |
|
P009 |
131-74-8 |
Ammonium picrate |
(R) |
P119 |
7803-55-6 |
Ammonium vanadate |
|
P099 |
506-61-6 |
Argentate (1-), bis(cyano-C)-, potassium |
|
P010 |
7778-39-4 |
Arsenic acid |
|
P012 |
1327-53-3 |
Arsenic (III) oxide |
|
P011 |
1303-28-2 |
Arsenic (V) oxide or arsenic pentoxide |
|
P012 |
1327-53-3 |
Arsenic trioxide |
|
P038 |
692-42-2 |
Arsine, diethyl- |
|
P036 |
696-28-6 |
Arsonous dichloride, phenyl- |
|
P054 |
151-56-4 |
Aziridine |
|
P067 |
75-55-8 |
Aziridine, 2-methyl- |
|
P013 |
542-62-1 |
Barium cyanide |
|
P024 |
106-47-8 |
Benzenamine, 4-chloro- |
|
P077 |
100-01-6 |
Benzenamine, 4-nitro- |
|
P028 |
100-44-7 |
Benzene, (chloromethyl)- |
|
P042 |
51-43-4 |
1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]- |
(R) |
P046 |
122-09-2 |
Benzeneethanamine, alpha, alpha-dimethyl- |
|
P014 |
108-98-5 |
Benzenethiol |
|
P127 |
1563-66-2 |
7-benzofuranol, 2,3-dihydro-2,2-dimethyl-, methoycarbamate |
|
P188 |
57-64-7 |
Benzoic acid, 2-hydroxy-, compd. with (3aS-cis) - 1,2,3,3a,8,8a-hexahydro-1,3a,8- trimethylpyrrolo [2,3-b] indol-5-yl methylcarbamate ester (1:1) |
|
P001 |
81-81-2 |
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, and salts, when present at concentrations greater than 0.3% |
|
P028 |
100-44-7 |
Benzyl chloride |
|
P015 |
7440-41-7 |
Beryllium powder |
|
P017 |
598-31-2 |
Bromoacetone |
|
P018 |
357-57-3 |
Brucine |
|
P045 |
39196-18-4 |
2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-[(methylamino) carbonyl] oxime |
|
P021 |
592-01-8 |
Calcium cyanide or calcium cyanide Ca(CN)2 |
|
P189 |
55285-14-8 |
Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester |
|
P191 |
644-64-4 |
Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]-5-methyl-1H-pyrazol-3-yl ester |
|
P192 |
119-38-0 |
Carbamic acid, dimethyl-, 3-methyl-1- (1-methylethyl)-1H-pyrazol-5-yl ester |
|
P190 |
1129-41-5 |
Carbamic acid, methyl-, 3-methylphenyl ester |
|
P127 |
1563-66-2 |
Carbofuran |
|
P022 |
75-15-0 |
Carbon disulfide |
|
P095 |
75-44-5 |
Carbonyl chloride |
|
P189 |
55285-14-8 |
Carbosulfan |
|
P023 |
107-20-0 |
Chloroacetaldehyde |
|
P024 |
106-47-8 |
p-Chloroaniline |
|
P026 |
5344-82-1 |
1-(o-Chlorophenyl)thiourea |
|
P027 |
542-76-7 |
3-Chloropropionitrile |
|
P029 |
544-92-3 |
Copper cyanide or copper cyanide Cu(CN) |
|
P202 |
64-00-6 |
m-Cumenyl methylcarbamate |
|
P030 |
-------- |
Cyanides (soluble cyanide salts), not elsewhere specified |
|
P031 |
460-19-5 |
Cyanogen |
|
P033 |
506-77-4 |
Cyanogen chloride or cyanogen chloride (CN)C1 |
|
P034 |
131-89-5 |
2-Cyclohexyl-4,6-dinitrophenol |
|
P016 |
542-88-1 |
Dichloromethyl ether |
|
P036 |
696-28-6 |
Dichlorophenylarsine |
|
P037 |
60-57-1 |
Dieldrin |
|
P038 |
692-42-2 |
Diethylarsine |
|
P041 |
311-45-5 |
Diethyl-p-nitrophenyl phosphate |
|
P040 |
297-97-2 |
O,O-Diethyl O-pyrazinyl phosphorothioate |
|
P043 |
55-91-4 |
Diisopropyl fluorophosphate |
|
P004 |
309-00-2 |
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta, 5alpha,8alpha,8abeta)- |
|
P060 |
465-73-6 |
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta, 5beta,8beta,8abeta)- |
|
P037 |
60-57-1 |
2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha, 3beta,6beta,6aalpha,7beta,7aalpha)- |
|
P051 |
72-20-8 |
2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha, 2beta, 2abeta, 3alpha, 6alpha, 6abeta, 7beta, 7aalpha)-, & metabolites |
|
P044 |
60-51-5 |
Dimethoate |
|
P046 |
122-09-8 |
alpha,alpha-Dimethylphenethylamine |
|
P191 |
644-64-4 |
Dimetilan |
|
P047 |
534-52-1 |
4,6-Dinitro-o-cresol and salts |
|
P048 |
51-28-5 |
2,4-Dinitrophenol |
|
P020 |
88-85-7 |
Dinoseb |
|
P085 |
152-18-9 |
Diphosphoramide, octamethyl- |
|
P111 |
107-49-3 |
Diphosphoric acid, tetraethyl ester |
|
P039 |
298-04-4 |
Disulfoton |
|
P049 |
541-53-7 |
2,4-Dithiobiuret |
|
P185 |
26419-73-8 |
1,3-Dithiolane-2-carboxaldehyde, 2-4-dimethyl-, O-[(methylamino)- carbonyl]oxime |
|
P050 |
115-29-7 |
Endosulfan |
|
P088 |
145-73-7 |
Endothall |
|
P051 |
72-20-8 |
Endrin, and metabolites |
|
P042 |
51-43-4 |
Epinephrine |
|
P031 |
460-19-5 |
Ethanedinitrile |
|
P194 |
23135-22-0 |
Ethanimidothioic acid, 2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester |
|
P066 |
16752-77-5 |
Ethanimidothioic acid, N-[[(methylamine)carbonyl] oxyl]-, methyl ester |
|
P101 |
107-12-0 |
Ethyl cyanide |
|
P054 |
151-58-4 |
Ethyleneimine |
|
P097 |
52-85-7 |
Famphur |
|
P056 |
7782-41-4 |
Fluorine |
|
P057 |
640-19-7 |
Fluoroacetamide |
|
P058 |
62-74-8 |
Fluoroacetic acid, sodium salt |
|
P198 |
23422-53-9 |
Formetanate hydrochloride |
|
P197 |
17702-57-7 |
Formparanate |
|
P065 |
628-86-4 |
Fulminic acid, mercury (II) salt |
(R,T) |
P059 |
76-44-8 |
Heptachlor |
|
P062 |
757-58-4 |
Hexaethyl tetraphosphate |
|
P116 |
79-19-6 |
Hydrazinecarbothioamide |
|
P068 |
60-34-4 |
Hydrazine, methyl- |
|
P063 |
74-90-8 |
Hydrocyanic acid or hydrogen cyanide |
|
P096 |
7803-51-2 |
Hydrogen phosphide |
|
P060 |
465-73-6 |
Isodrin |
|
P192 |
119-38-0 |
Isolan |
|
P202 |
64-00-6 |
3-Isopropylphenyl N-methylcarbamate |
|
P007 |
2763-96-4 |
3(2H)-Isoxazolone, 5-(aminomethyl)- |
|
P196 |
15339-36-3 |
Manganese, bis(dimethylcarbamodithioato-S,S')-, or manganese, dimethyldithiocarbamate |
|
P092 |
62-38-4 |
Mercury, (acetato-O)phenyl- |
|
P065 |
628-86-4 |
Mercury fulminate |
(R,T) |
P082 |
62-75-9 |
Methanamine, N-methyl-N-nitroso- |
|
P064 |
624-83-9 |
Methane, isocyanato- |
|
P016 |
542-88-1 |
Methane, oxybis(chloro- |
|
P112 |
509-14-8 |
Methane, tetranitro- |
(R) |
P118 |
75-70-7 |
Methanethiol, trichloro- |
|
P198 |
23422-53-9 |
Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)carbonyl]oxy]phenyl]-, monohydrochloride |
|
P197 |
17702-57-7 |
Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]- |
|
P050 |
115-20-7 |
6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide |
|
P059 |
76-44-8 |
4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro- 3a,4,7,7a-tetrahydro- |
|
P199 |
2032-65-7 |
Methiocarb |
|
P066 |
16752-77-5 |
Methomyl |
|
P068 |
60-34-4 |
Methyl hydrazine |
|
P064 |
624-83-9 |
Methyl isocyanate |
|
P069 |
75-86-5 |
2-Methyllactonitrile |
|
P071 |
298-00-0 |
Methyl parathion |
|
P190 |
1129-41-5 |
Metolcarb |
|
P128 |
315-18-4 |
Mexacarbate |
|
P072 |
86-88-4 |
alpha-Naphthylthiourea |
|
P073 |
13463-39-3 |
Nickel carbonyl or nickel carbonyl Ni(CO)4, (T-4)- |
|
P074 |
557-19-7 |
Nickel cyanide or nickel (II) cyanide |
|
P075 |
54-11-5 |
Nicotine and salts. This listing does not include patches, gums, and lozenges that are FDA-approved over-the-counter nicotine replacement therapies. |
|
P076 |
10102-43-9 |
Nitric oxide |
|
P077 |
100-01-6 |
p-Nitroaniline |
|
P078 |
10102-44-0 |
Nitrogen dioxide or nitrog |
|
P076 |
10102-43-9 |
Nitrogen (II) oxide |
|
P081 |
55-63-0 |
Nitroglycerine |
(R) |
P082 |
62-75-9 |
N-Nitrosodimethylamine |
|
P084 |
4549-40-0 |
N-Nitrosomethylvinylamine |
|
P085 |
152-16-9 |
Octamethylpyrophosphor-amide |
|
P087 |
20816-12-0 |
Osmium oxide or osmium tetroxide |
|
P088 |
145-73-3 |
7-Oxabicyclo [2.2.1] heptane-2,3-dicarboxylic acid |
|
P194 |
23135-22-0 |
Oxamyl |
|
P089 |
56-38-2 |
Parathion |
|
P034 |
131-89-5 |
Phenol, 2-cyclohexyl-4,6-dinitro- |
|
P128 |
315-18-4 |
Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester) |
|
P199 |
2032-65-7 |
Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate |
|
P048 |
51-28-5 |
Phenol, 2,4-dinitro- |
|
P047 |
534-52-1 |
Phenol, 2-methyl-4,6-dinitro- and salts |
|
P202 |
64-00-6 |
Phenol, 3-(1-methylethyl)-, methyl carbamate |
|
P201 |
2631-37-0 |
Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate |
|
P020 |
88-85-7 |
Phenol, 2,4-dinitro-6-(1-methylpropyl)- |
|
P009 |
131-74-8 |
Phenol, 2,4,6-trinitro-, ammonium salt |
(R) |
P092 |
62-38-4 |
Phenylmercuric acetate |
|
P093 |
103-85-5 |
N-Phenylthiourea |
|
P094 |
298-02-2 |
Phorate |
|
P095 |
75-44-5 |
Phosgene |
|
P096 |
783-51-2 |
Phosphine |
|
P041 |
311-45-5 |
Phosphoric acid, diethyl p-nitrophenyl ester |
|
P039 |
298-04-4 |
Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester |
|
P094 |
298-02-2 |
Phosphorodithioic acid, O,O-diethyl S-[(ethylthio) methyl] ester |
|
P044 |
60-51-5 |
Phosphorodithioic acid, O,O-dimethyl S-O[2-(methylamino)-2-oxoethyl] ester |
|
P043 |
55-91-4 |
Phosphorofluoridic acid, bis(1-methylethyl)ester |
|
P089 |
56-38-2 |
Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester |
|
P040 |
297-97-2 |
Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester |
|
P097 |
52-85-7 |
Phosphorothioic acid, O,O-dimethyl O-[p-((dimethylamino) sulfonyl)phenyl] ester |
|
P071 |
298-00-0 |
Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl) ester |
|
P204 |
57-47-6 |
Physostigmine |
|
P188 |
57-64-7 |
Physostigmine salicylate |
|
P110 |
78-00-2 |
Plumbane, tetraethyl- |
|
P098 |
151-50-8 |
Potassium cyanide or potassium cyanide K(CN) |
|
P099 |
506-61-6 |
Potassium silver cyanide |
|
P201 |
2631-37-0 |
Promecarb |
|
P203 |
1646-88-4 |
Propanal, 2-methyl-2-(methyl-sulfonyl)-,O-[(methylamino)carbonyl] oxime |
|
P070 |
116-06-3 |
Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl] oxime |
|
P101 |
107-12-0 |
Propanenitrile |
|
P027 |
542-76-7 |
Propanenitrile, 3-chloro- |
|
P069 |
75-86-5 |
Propanenitrile, 2-hydroxy-2-methyl- |
|
P081 |
55-63-0 |
1,2,3-Propanetriol, trinitrate- |
(R) |
P017 |
596-31-2 |
2-Propanone, 1-bromo- |
|
P102 |
107-19-7 |
Propargyl alcohol |
|
P003 |
107-02-8 |
2-Propenal |
|
P005 |
107-18-6 |
2-Propen-1-ol |
|
P067 |
75-55-8 |
1,2-Propylenimine |
|
P102 |
107-19-7 |
2-Propyn-1-ol |
|
P008 |
504-24-5 |
4-Pyridinamine |
|
P075 |
54-11-5 |
Pyridine, |
|
P204 |
57-47-6 |
Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)- |
|
P114 |
12039-52-0 |
Selenious acid, dithallium(1+) salt |
|
P103 |
630-10-4 |
Selenourea |
|
P104 |
506-64-9 |
Silver cyanide or silver cyanide Ag(CN) |
|
P105 |
26628-22-8 |
Sodium azide |
|
P106 |
143-33-9 |
Sodium cyanide or sodium cyanide Na(CN) |
|
P108 |
57-24-9 |
Strychnidin-10-one, and salts, or strychnine and salts |
|
P018 |
357-57-3 |
Strychnidin-10-one, 2,3-dimethoxy- |
|
P115 |
7446-18-6 |
Sulfuric acid, thallium (I) salt |
|
P109 |
3689-24-5 |
Tetraethyldithiopyrophosphate |
|
P110 |
78-00-2 |
Tetraethyl lead |
|
P111 |
107-49-3 |
Tetraethylpyrophosphate |
|
P112 |
509-14-8 |
Tetranitromethane |
(R) |
P062 |
757-58-4 |
Tetraphosphoric acid, hexaethyl ester |
|
P113 |
1314-32-5 |
Thallic oxide or thallium (III) oxide |
|
P114 |
12039-52-0 |
Thallium (I) selenite |
|
P115 |
7446-18-6 |
Thallium (I) sulfate |
|
P109 |
3689-24-5 |
Thiodiphosphoric acid, tetraethyl ester |
|
P045 |
39196-18-4 |
Thiofanox |
|
P049 |
541-53-7 |
Thioimidodicarbonic diamide |
|
P014 |
108-98-5 |
Thiophenol |
|
P116 |
79-19-6 |
Thiosemicarbazide |
|
P026 |
5344-82-1 |
Thiourea, (2-chlorophenyl)- |
|
P072 |
86-88-4 |
Thiourea, 1-naphthalenyl- |
|
P093 |
103-85-5 |
Thiourea, phenyl- |
|
P185 |
26419-73-8 |
Tirpate |
|
P123 |
8001-35-2 |
Toxaphene |
|
P118 |
75-70-7 |
Trichloromethanethiol |
|
P119 |
7803-55-6 |
Vanadic acid, ammonium salt |
|
P120 |
1314-62-1 |
Vanadium (V) oxide or vanadium pentoxide |
|
P084 |
4549-40-0 |
Vinylamine, N-methyl-N-nitroso- |
|
P001 |
81-81-2 |
Warfarin, when present at concentrations greater than 0.3% |
|
P205 |
137-30-4 |
Zinc, bis(dismethylcarbamodithioato-S,S')- |
|
P121 |
557-21-1 |
Zinc cyanide or zinc cyanide Zn(CN)2 |
|
P122 |
1314-84-7 |
Zinc phosphide, when present at concentrations greater than 10% |
(R,T) |
P205 |
137-30-4 |
Ziram |
|
R 299.9225 Table 205b; discarded commercial chemical products; off‑specification species; container residues; and spill residues thereof as toxic hazardous wastes.
Rule 225. Table 205b reads as follows:
T |
|||
EPA Hazardous Waste Number |
Chemical Abstract Services Number |
Substance |
Hazard Code |
U394 |
30558-43-1 |
A2213 |
|
U001 |
75-07-0 |
Acetaldehyde |
(I) |
U034 |
75-87-6 |
Acetaldehyde, trichloro- |
|
U187 |
62-44-2 |
Acetamide, N-(4-ethoxyphenyl)- |
|
U005 |
53-96-3 |
Acetamide, N-9H-fluoren-2-y1- |
|
U240 |
94-75-7 |
Acetic acid, (2,4-dichlorophenoxy)-, salts and esters |
|
U112 |
141-78-6 |
Acetic acid, ethyl ester |
(I) |
U144 |
301-04-2 |
Acetic acid, lead(2+) salt |
|
U214 |
563-68-8 |
Acetic acid, thallium(1+) salt |
|
See F027 |
93-76-5 |
Acetic acid, (2,4,5-trichlorophenoxy)- |
|
U002 |
67-64-1 |
Acetone |
(I) |
U003 |
75-05-8 |
Acetonitrile |
(I,T) |
U004 |
98-86-2 |
Acetophenone |
|
U005 |
53-96-3 |
2-Acetylaminofluorene |
|
U006 |
75-36-5 |
Acetyl chloride |
(C,R,T) |
U007 |
79-06-1 |
Acrylamide |
|
U008 |
79-10-7 |
Acrylic acid |
(I) |
U009 |
107-13-1 |
Acrylonitrile |
|
U011 |
61-82-5 |
Amitrole |
|
U012 |
62-53-3 |
Aniline |
(I,T) |
U136 |
75-60-5 |
Arsinic acid, dimethyl- |
|
U014 |
492-80-8 |
Auramine |
|
U015 |
115-02-6 |
Azaserine |
|
U010 |
50-07-7 |
Azirino(2',3':3,4)pyrrolo (1,2-a)indole-4,7-dione,6-amino-8-[((aminocarbonyl)oxy) methyl]-1,1a,2,8,8a,8b hexahydro-8a-methoxy-5-methyl- |
|
U280 |
101-27-9 |
Barban |
|
U278 |
22781-23-3 |
Bendiocarb |
|
U364 |
22961-82-6 |
Bendiocarb phenol |
|
U271 |
17804-35-2 |
Benomyl |
|
U157 |
56-49-5 |
Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- |
|
U016 |
225-51-4 |
Benz[c]acridine |
|
U017 |
98-87-3 |
Benzal chloride |
|
U192 |
23950-58-5 |
Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- |
|
U018 |
56-55-3 |
Benz[a]anthracene |
|
U094 |
57-97-6 |
1,2-Benzanthracene, 7,12-dimethyl- |
|
U012 |
62-53-3 |
Benzenamine |
(I,T) |
U014 |
492-80-8 |
Benzenamine, 4,4'-carbonimidoylbis(N,N-dimethyl- |
|
U049 |
3165-93-3 |
Benzenamine, 4-chloro-2-methyl- |
|
U093 |
60-11-7 |
Benzenamine, N,N-dimethyl-4-(phenylazo)- |
|
U328 |
95-53-4 |
Benzenamine, 2-methyl- |
|
U353 |
106-49-0 |
Benzenamine, 4-methyl- |
|
U158 |
101-14-4 |
Benzenamine, 4,4'-methylenebis(2-chloro- |
|
U222 |
636-21-5 |
Benzenamine, 2-methyl-, hydrochloride |
|
U181 |
99-55-8 |
Benzenamine, 2-methyl-5-nitro |
|
U019 |
71-43-2 |
Benzene |
(I,T) |
U038 |
510-15-8 |
Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)- alpha-hydroxy, ethyl ester |
|
U030 |
101-55-3 |
Benzene, 1-bromo-4-phenoxy- |
|
U035 |
305-03-03 |
Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]- |
|
U037 |
106-90-7 |
Benzene, chloro- |
|
U221 |
25376-45-8 |
Benzenediamine, ar-methyl- |
|
U028 |
117-81-7 |
1,2-Benzenedicarboxylic acid, [bis(2-ethyl-hexyl)] ester |
|
U069 |
84-74-2 |
1,2-Benzenedicarboxylic acid, dibutyl ester |
|
U088 |
84-66-2 |
1,2-Benzenedicarboxylic acid, diethyl ester |
|
U102 |
131-11-3 |
1,2-Benzenedicarboxylic acid, dimethyl ester |
|
U107 |
117-84-0 |
1,2-Benzenedicarboxylic acid, di-n-octyl ester |
|
U070 |
95-50-1 |
Benzene, 1,2-dichloro- |
|
U071 |
541-73-1 |
Benzene, 1,3-dichloro- |
|
U072 |
106-46-7 |
Benzene, 1,4-dichloro- |
|
U060 |
72-54-8 |
Benzene, 1,1'-(2,2-dichloroethylidene)bis=[4-chloro- |
|
U017 |
98-87-3 |
Benzene (dichloromethyl)- |
|
U223 |
26471-62-5 |
Benzene, 1,3-diisocyanatomethyl- |
(R,T) |
U239 |
1330-20-7 |
Benzene, dimethyl- |
(I |
U201 |
108-46-3 |
1,3-Benzenediol |
|
U127 |
118-74-1 |
Benzene, hexachloro- |
|
U056 |
110-82-7 |
Benzene, hexahydro- |
(I) |
U220 |
108-88-3 |
Benzene, methyl- |
|
U105 |
121-14-2 |
Benzene, 1-methyl-2,4-dinitro- |
|
U106 |
606-20-2 |
Benzene, 1-methyl-2,6-dinitro- |
|
U055 |
98-82-8 |
Benzene, (1-methylethyl)- |
(I) |
U169 |
98-95-3 |
Benzene, nitro- |
(I,T) |
U183 |
608-93-5 |
Benzene, pentachloro- |
|
U185 |
82-68-8 |
Benzene, pentachloronitro- |
|
U020 |
98-09-9 |
Benzenesulfonic acid chloride or benzenesulfonyl chloride |
(C,R) |
U207 |
95-94-3 |
Benzene, 1,2,4,5-tetrachloro- |
|
U061 |
50-29-3 |
Benzene, 1,1'-(2,2,2-trichloroethylidene)=bis [4-chloro- |
|
U247 |
72-43-5 |
Benzene, 1,1'-(2,2,2-trichloroethylidene)=bis [4-methoxy- |
|
U023 |
98-07-7 |
Benzene, (trichloromethyl)- |
(C,R,T) |
U234 |
99-35-4 |
Benzene, 1,3,5-trinitro- |
(R,T) |
U021 |
92-87-5 |
Benzidine |
|
U202 |
81-07-2 |
1,2-Benzisothiazol-3-(2H)-one, 1,1-dioxide and salts |
|
U278 |
22781-23-3 |
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate |
|
U364 |
22961-82-6 |
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, |
|
U203 |
94-59-7 |
1,3-Benzodioxole, 5-(2-propenyl)- |
|
U141 |
120-58-1 |
1,3-Benzodioxole, 5-(1-propenyl)- |
|
U090 |
94-58-6 |
1,3-Benzodioxole, 5-propyl- |
|
U367 |
1563-38-8 |
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- |
|
U064 |
189-55-9 |
Benzo[rst]pentaphene |
|
U248 |
81-81-2 |
2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, and salts, when present at concentrations of 0.3% or less |
|
U022 |
50-32-8 |
Benzo[a]pyrene |
|
U197 |
106-51-4 |
p-Benzoquinone |
|
U023 |
98-07-7 |
Benzotrichloride |
(C,R,T) |
U085 |
1464-53-5 |
2,2'-Bioxirane |
(I,T) |
U021 |
92-87-5 |
(1,1'-Biphenyl)-4,4'-diamine |
|
U073 |
91-94-1 |
(1,1'-Biphenyl)-4,4'-diamine, 3,3'-dichloro- |
|
U091 |
119-90-4 |
(1,1'-Biphenyl)-4,4'-diamine, 3,3'-dimethoxy- |
|
U095 |
119-93-7 |
(1,1'-Biphenyl)-4,4'-diamine, 3,3'-dimethyl- |
|
U225 |
75-25-2 |
Bromoform |
|
U030 |
101-55-3 |
4-Bromophenyl phenyl ether |
|
U128 |
87-68-3 |
1,3-Butadiene, 1,1,2,3,4,4-hexachloro- |
|
U172 |
924-16-3 |
1-Butanamine, N-butyl-N-nitroso- |
|
U031 |
71-36-3 |
1-Butanol |
(I) |
U159 |
78-93-3 |
2-Butanone |
(I,T) |
U160 |
1338-23-4 |
2-Butanone peroxide |
(R,T) |
U053 |
4170-30-3 |
2-Butenal |
|
U074 |
764-41-0 |
2-Butene, 1,4-dichloro- |
(I,T) |
U143 |
303-34-4 |
2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxybutoyx]methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-y1 ester, [1S-[1alpha(Z),7(2S*,3R*), 7aalpha]]- |
|
U031 |
71-36-3 |
n-Butyl alcohol |
(I) |
U136 |
75-60-5 |
Cacodylic acid |
|
U032 |
13765-19-0 |
Calcium chromate |
|
U372 |
10605-21-7 |
Carbamic acid, 1H-benzimidazol-2-yl, methyl ester |
|
U271 |
17804-35-2 |
Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-, methyl ester |
|
U280 |
101-27-9 |
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester |
|
U238 |
51-79-6 |
Carbamic acid, ethyl ester |
|
U178 |
815-53-2 |
Carbamic acid, methylnitroso-, ethyl ester |
|
U373 |
122-42-9 |
Carbamic acid, phenyl-, 1-methylethyl ester |
|
U409 |
23564-05-8 |
Carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester |
|
U097 |
79-44-7 |
Carbamic chloride, dimethyl |
|
U114 |
111-54-6 |
Carbamodithioic acid, 1,2-ethanediylbis-, salts and esters |
|
U062 |
2303-16-4 |
Carbamodithioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester |
|
U389 |
2303-17-5 |
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester |
|
U387 |
52888-80-9 |
Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester |
|
U279 |
63-25-2 |
Carbaryl |
|
U372 |
10605-21-7 |
Carbendazim |
|
U367 |
1563-38-8 |
Carbofuran phenol |
|
U215 |
6533-73-9 |
Carbonic acid, dithallium(1+) salt |
|
U156 |
79-22-1 |
Carbonochloridic acid, methyl ester |
(I,T) |
U033 |
353-50-4 |
Carbon oxyfluoride |
(R,T) |
U211 |
56-23-5 |
Carbon tetrachloride |
|
U034 |
75-87-6 |
Chloral |
|
U035 |
305-03-3 |
Chlorambucil |
|
U036 |
57-74-9 |
Chlordane, technical |
|
U026 |
494-03-1 |
Chlornaphazine |
|
U037 |
108-90-7 |
Chlorobenzene |
|
U038 |
510-15-6 |
Chlorobenzilate |
|
U039 |
59-50-7 |
4-Chloro-m-cresol |
|
U042 |
110-75-8 |
2-Chloroethyl vinyl ether |
|
U044 |
67-66-3 |
Chloroform |
|
U046 |
107-30-2 |
Chloromethyl methyl ether |
|
U047 |
91-58-7 |
beta-Chloronaphthalene |
|
U048 |
95-57-8 |
o-Chlorophenol |
|
U049 |
3165-93-3 |
4-Chloro-o-toluidine, hydrochloride |
|
U032 |
13765-19-0 |
Chromic acid, calcium salt |
|
U050 |
218-01-9 |
Chrysene |
|
U051 |
------ |
Creosote |
|
U052 |
1319-77-3 |
Cresylic acid |
|
U053 |
4170-30-3 |
Crotonaldehyde |
|
U055 |
98-82-8 |
Cumene |
(I) |
U246 |
506-68-3 |
Cyanogen bromide |
|
U197 |
106-51-4 |
1,4-Cyclohexadienedione |
|
U056 |
110-82-7 |
Cyclohexane |
(I) |
U129 |
58-89-9 |
Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha, 2alpha,3beta,4alpha, 5alpha,6beta)- |
|
U057 |
108-94-1 |
Cyclohexanone |
(I) |
U130 |
77-47-4 |
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexa-chloro- |
|
U058 |
50-18-0 |
Cyclophosphamide |
|
U240 |
94-75-7 |
2,4-D, salts and esters |
|
U059 |
20830-81-3 |
Daunomycin |
|
U060 |
72-54-8 |
DDD |
|
U061 |
50-29-3 |
DDT |
|
U062 |
2303-16-4 |
Diallate |
|
U063 |
53-70-3 |
Dibenz[a,h]anthracene |
|
U064 |
189-55-9 |
Dibenz[a,i]pyrene |
|
U066 |
96-12-8 |
1,2-Dibromo-3-chloropropane |
|
U069 |
84-74-2 |
Dibutyl phthalate |
|
U070 |
95-50-1 |
o-Dichlorobenzene |
|
U071 |
541-73-1 |
m-Dichlorobenzene |
|
U072 |
106-46-7 |
p-Dichlorobenzene |
|
U073 |
91-94-1 |
3,3'-Dichlorobenzidine |
|
U074 |
764-41-0 |
1,4-Dichloro-2-butene |
(I,T) |
U075 |
75-71-8 |
Dichlorodifluoromethane |
|
U078 |
75-35-4 |
1,1-Dichloroethylene |
|
U079 |
156-60-5 |
1,2-Dichloroethylene |
|
U025 |
111-44-4 |
Dichloroethyl ether |
|
U027 |
108-60-1 |
Dichloroisopropyl ether |
|
U024 |
111-91-7 |
Dichloromethoxy ethane |
|
U081 |
120-83-2 |
2,4-Dichlorophenol |
|
U082 |
87-65-0 |
2,6-Dichlorophenol |
|
U084 |
542-75-6 |
1,3-Dichloropropene |
|
U085 |
1464-53-5 |
1,2:3,4-Diepoxybutane |
(I,T) |
U108 |
123-91-1 |
1,4-Diethylene dioxide |
|
U395 |
5952-26-1 |
Diethylene glycol, dicarbamate |
|
U028 |
117-81-7 |
Diethylhexyl phthalate |
|
U086 |
1615-80-1 |
N,N-Diethylhydrazine |
|
U087 |
3288-58-2 |
O,O-Diethyl-S-methyl-dithiophosphate |
|
U088 |
84-66-2 |
Diethyl phthalate |
|
U089 |
56-53-1 |
Diethylstilbestrol |
|
U090 |
94-58-6 |
Dihydrosafrole |
|
U091 |
119-90-4 |
3,3'-Dimethoxybenzidine |
|
U092 |
124-40-3 |
Dimethylamine |
(I) |
U093 |
60-11-7 |
Dimethylaminoazobenzene |
|
U094 |
57-97-6 |
7,12-Dimethylbenz[a]anthracene |
|
U095 |
119-93-7 |
3,3'-Dimethylbenzidine |
|
U096 |
80-15-9 |
alpha,alpha-Dimethyl-benzylhydroperoxide |
(R) |
U097 |
79-44-7 |
Dimethylcarbamoyl chloride |
|
U098 |
57-14-7 |
1,1-Dimethylhydrazine |
|
U099 |
540-73-8 |
1,2-Dimethylhydrazine |
|
U101 |
105-67-9 |
2,4-Dimethylphenol |
|
U102 |
131-11-3 |
Dimethyl phthalate |
|
U103 |
77-78-1 |
Dimethyl sulfate |
|
U105 |
121-14-2 |
2,4-Dinitrotoluene |
|
U106 |
606-20-2 |
2,6-Dinitrotoluene |
|
U107 |
117-84-0 |
Di-n-octyl phthalate |
|
U108 |
123-91-1 |
1,4-Dioxane |
|
U109 |
122-66-7 |
1,2-Diphenylhydrazine |
|
U110 |
142-84-7 |
Dipropylamine |
(I) |
U111 |
621-64-7 |
Di-n-propylnitrosamine |
|
U041 |
106-89-8 |
Epichlorhydrin |
|
U001 |
75-07-0 |
Ethanal |
(I) |
U174 |
55-18-5 |
Ethanamine, N-ethyl-N-nitroso- |
|
U404 |
121-44-8 |
Ethanamine, N,N-diethyl- |
|
U155 |
91-80-5 |
1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)- |
|
U067 |
106-93-4 |
Ethane, 1,2-dibromo- |
|
U076 |
75-34-3 |
Ethane, 1,1-dichloro- |
|
U077 |
107-06-2 |
Ethane, 1,2-dichloro- |
|
U131 |
67-72-1 |
Ethane, 1,1,1,2,2,2-hexachloro- |
|
U024 |
111-91-1 |
Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro- |
|
U117 |
60-29-7 |
Ethane, 1,1'-oxybis- |
(I) |
U025 |
111-44-4 |
Ethane, 1,1'-oxybis[2-chloro- |
|
U184 |
76-01-7 |
Ethane, pentachloro- |
|
U208 |
630-20-6 |
Ethane, 1,1,1,2-tetrachloro- |
|
U209 |
79-34-5 |
Ethane, 1,1,2,2-tetrachloro- |
|
U218 |
62-55-5 |
Ethanethioamide |
|
U226 |
71-55-6 |
Ethane, 1,1,1-trichloro- |
|
U227 |
79-00-5 |
Ethane, 1,1,2-trichloro- |
|
U410 |
59669-26-0 |
Ethanimidothioic acid, N,N'-[thiobis[(methylimino) carbonyloxy]]bis-, dimethyl ester |
|
U394 |
30558-43-1 |
Ethanimidothioic acid, 2-(dimethylamino)-n-hydroxy-2-oxo- methyl ester |
|
U359 |
110-80-5 |
Ethanol, 2-ethoxy- |
|
U173 |
1116-54-7 |
Ethanol, 2,2'-(nitrosoimino)bis- |
|
U395 |
5952-26-1 |
Ethanol, 2,2'-oxybis-, dicarbamate |
|
U004 |
98-86-2 |
Ethanone, 1-phenyl |
|
U043 |
75-01-4 |
Ethene, chloro- |
|
U042 |
110-75-8 |
Ethene, 2-chloroethoxy- |
|
U078 |
75-35-4 |
Ethene, 1,1-dichloro- |
|
U079 |
156-60-5 |
Ethene, trans-1,2-dichloro- |
|
U210 |
127-18-4 |
Ethene, 1,1,2,2-tetrachloro- |
|
U228 |
79-01-6 |
Ethene, trichloro- |
|
U112 |
141-78-8 |
Ethyl acetate |
(I) |
U113 |
140-88-5 |
Ethyl acrylate |
(I) |
U238 |
51-79-6 |
Ethyl carbamate (urethane) |
|
U117 |
60-29-7 |
Ethyl ether |
(I) |
U114 |
111-54-6 |
Ethylenebis(dithiocarbamic acid), salts and ester |
|
U067 |
106-93-4 |
Ethylene dibromide |
|
U077 |
107-06-2 |
Ethylene dichloride |
|
U359 |
110-80-5 |
Ethylene glycol monoethyl ether |
|
U115 |
75-21-8 |
Ethylene oxide |
(I,T) |
U116 |
96-45-7 |
Ethylene thiourea |
|
U076 |
75-34-3 |
Ethylidene dichloride |
|
U118 |
97-63-2 |
Ethyl methacrylate |
|
U119 |
62-50-0 |
Ethyl methanesulfonate |
|
U120 |
206-44-0 |
Fluoranthene |
|
U122 |
50-00-0 |
Formaldehyde |
|
U123 |
64-18-6 |
Formic acid |
(C,T) |
U124 |
110-00-9 |
Furan |
(I) |
U125 |
98-01-1 |
2-Furancarboxaldehyde |
(I) |
U147 |
108-31-6 |
2,5-Furandione |
|
U213 |
109-99-9 |
Furan, tetrahydro- |
(I) |
U125 |
98-01-1 |
Furfural |
(I) |
U124 |
110-00-9 |
Furfuran |
(I) |
U206 |
18883-66-4 |
Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D- |
|
U206 |
18883-66-4 |
D-Glucose, 2-deoxy-2-[[(methylnitrosoamino) carbonyl] amino]- |
|
U126 |
765-34-4 |
Glycidylaldehyde |
|
U163 |
70-25-7 |
Guanidine, N-methyl-N'-nitro-N-nitroso- |
|
U127 |
118-74-1 |
Hexachlorobenzene |
|
U128 |
87-68-3 |
Hexachlorobutadiene |
|
U130 |
77-47-4 |
Hexachlorocyclopentadiene |
|
U131 |
67-72-1 |
Hexachloroethane |
|
U132 |
70-30-4 |
Hexachlorphene |
|
U243 |
1888-71-7 |
Hexachloropropene |
|
U133 |
302-01-2 |
Hydrazine |
(R,T) |
U086 |
1615-80-1 |
Hydrazine, 1,2-diethyl- |
|
U098 |
57-14-7 |
Hydrazine, 1,1-dimethyl- |
|
U099 |
540-73-8 |
Hydrazine, 1,2-dimethyl- |
|
U109 |
122-66-7 |
Hydrazine, 1,2-diphenyl- |
|
U134 |
7664-39-3 |
Hydrofluoric acid or hydrogen fluoride |
(C,T) |
U135 |
7783-06-4 |
Hydrogen sulfide or hydrogen sulfide H2S |
|
U096 |
80-15-9 |
Hydroperoxide, 1-methyl-1-phenylethyl- |
(R) |
U116 |
96-45-7 |
2-Imidazolidinethione |
|
U137 |
193-39-5 |
Indeno[1,2,3cd]pyrene |
|
U190 |
85-44-9 |
1,3-Isobenzofurandione |
|
U140 |
78-83-1 |
Isobutyl alcohol |
(I,T) |
U141 |
120-58-1 |
Isosafrole |
|
U142 |
143-50-0 |
Kepone |
|
U143 |
303-34-4 |
Lasiocarpine |
|
U144 |
301-04-2 |
Lead acetate |
|
U146 |
1335-32-6 |
Lead, bis(acetato-O) tetrahydroxytri- |
|
U145 |
7446-27-7 |
Lead phosphate |
|
U146 |
1335-32-6 |
Lead subacetate |
|
U129 |
58-89-9 |
Lindane |
|
U163 |
70-25-7 |
MNNG |
|
U147 |
108-31-6 |
Maleic anhydride |
|
U148 |
123-33-1 |
Maleic hydrazide |
|
U149 |
109-77-3 |
Malononitrile |
|
U150 |
148-82-3 |
Melphalan |
|
U151 |
7439-97-6 |
Mercury |
|
U152 |
126-98-7 |
Methacrylonitrile |
(I,T) |
U092 |
124-40-3 |
Methanamine, N-methyl- |
(I) |
U029 |
74-83-9 |
Methane, bromo- |
|
U045 |
74-87-3 |
Methane, chloro- |
(I,T) |
U046 |
107-30-2 |
Methane, chloromethoxy- |
|
U068 |
74-95-3 |
Methane, dibromo- |
|
U080 |
75-09-2 |
Methane, dichloro- |
|
U075 |
75-71-8 |
Methane, dichlorodifluoro- |
|
U138 |
74-88-4 |
Methane, iodo- |
|
U119 |
62-50-0 |
Methanesulfonic acid, ethyl ester |
|
U211 |
56-23-5 |
Methane, tetrachloro- |
|
U153 |
74-93-1 |
Methanethiol |
(I,T) |
U225 |
75-25-2 |
Methane, tribromo- |
|
U044 |
67-66-3 |
Methane, trichloro- |
|
U121 |
75-69-4 |
Methane, trichlorofluoro- |
|
U036 |
57-74-9 |
4,7-Methanoindan, 1,2,4,5,6,7,8,8-octachloro-3a,4,7,7a-tetrahydro |
|
U154 |
67-56-1 |
Methanol |
(I) |
U155 |
91-80-5 |
Methapyrilene |
|
U142 |
143-50-0 |
1,3,4-Metheneo-2H-cyclobuta[cd]pentalen-2-one,1,1a,3,3a, 4,5,5,5a,5b,6-decachlorooctahydro- |
|
U247 |
72-43-5 |
Methoxychlor |
|
U154 |
67-56-1 |
Methyl alcohol |
(I) |
U029 |
74-83-9 |
Methyl bromide |
|
U186 |
504-60-9 |
1-Methylbutadiene |
(I) |
U045 |
74-87-3 |
Methyl chloride |
(I,T) |
U156 |
79-22-1 |
Methyl chlorocarbonate |
(I,T) |
U226 |
71-55-6 |
Methylchloroform |
|
U157 |
56-49-5 |
3-Methylcholanthrene |
|
U158 |
101-14-4 |
4,4'-Methylenebis(2-chloroaniline) |
|
U068 |
74-95-3 |
Methylene bromide |
|
U080 |
75-09-2 |
Methylene chloride |
|
U159 |
78-93-3 |
Methyl ethyl ketone |
(I,T) |
U160 |
1338-23-4 |
Methyl ethyl ketone peroxide |
(R,T) |
U138 |
74-88-4 |
Methyl iodide |
|
U161 |
108-10-1 |
Methyl isobutyl ketone |
(I) |
U162 |
80-62-6 |
Methyl methacrylate |
(I,T) |
U161 |
108-10-1 |
4-Methyl-2-pentanone |
(I) |
U164 |
56-04-2 |
Methylthiouracil |
|
U010 |
50-07-7 |
Mitomycin |
(C) |
U059 |
20830-81-3 |
5,12-Naphthacenedione, (8S-cis)-8-acetyl-10-[(3-amino-2,3,6-trideoxy-alpha-L-lyxohexopyranosyl)oxyl]- 7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy- |
|
U167 |
134-32-7 |
1-Naphthalenamine |
|
U168 |
91-59-8 |
2-Naphthalenamine |
|
U026 |
494-03-1 |
Naphthalenamine, N,N'-bis(2-chloroethyl)- |
|
U165 |
91-20-3 |
Naphthalene |
|
U047 |
91-58-7 |
Naphthalene, 2-chloro- |
|
U166 |
130-15-4 |
1,4-Naphthalenedione |
|
U236 |
72-57-1 |
2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl-(1,1-biphenyl)-4,4'diyl)]-bis(azo)bis (5-amino-4-hydroxy)-, tetrasodium salt |
|
U279 |
63-25-2 |
1-Naphthalenol, methylcarbamate |
|
U166 |
130-15-4 |
1,4-Naphthoquinone |
|
U167 |
134-32-7 |
alpha-Naphthylamine |
|
U168 |
91-59-8 |
beta-Naphthylamine |
|
U217 |
10102-45-1 |
Nitric acid, thallium(1+) salt |
|
U169 |
98-95-3 |
Nitrobenzene |
(I,T) |
U170 |
100-02-7 |
p-Nitrophenol |
|
U171 |
79-46-9 |
2-Nitropropane |
(I,T) |
U172 |
924-16-3 |
N-Nitrosodi-n-butylamine |
|
U173 |
1116-54-7 |
N-Nitrosodiethanolamine |
|
U174 |
55-18-5 |
N-Nitrosodiethylamine |
|
U176 |
759-73-9 |
N-Nitroso-N-ethylurea |
|
U177 |
684-93-5 |
N-Nitroso-N-methylurea |
|
U178 |
615-53-2 |
N-Nitroso-N-methylurethane |
|
U179 |
100-75-4 |
N-Nitrosopiperidine |
|
U180 |
930-55-2 |
N-Nitrosopyrrolidine |
|
U181 |
99-55-8 |
5-Nitro-o-toluidine |
|
U193 |
1120-71-4 |
1,2-Oxathiolane, 2,2-dioxide |
|
U058 |
50-18-0 |
2H-1,3,2-Oxazaphosphorin, 2-amine, N,N-bis(2-chloroethyl) tetrahydro-, 2-oxide |
|
U115 |
75-21-8 |
Oxirane |
(I,T) |
U126 |
765-34-4 |
Oxiranecarboxyaldehyde |
|
U041 |
106-89-8 |
Oxirane, 2-(chloromethyl)- |
|
U182 |
123-63-7 |
Paraldehyde |
|
U183 |
608-93-5 |
Pentachlorobenzene |
|
U184 |
76-01-7 |
Pentachloroethane |
|
U185 |
82-68-8 |
Pentachloronitrobenzene |
|
See F027 |
87-86-5 |
Pentachlorophenol |
|
U186 |
504-60-9 |
1,3-Pentadiene |
|
108-10-1 |
Pentano |
|
|
U187 |
62-44-2 |
Phenacetin |
|
U188 |
108-95-2 |
Phenol |
|
U048 |
95-57-8 |
Phenol, 2-chloro- |
|
U039 |
59-50-7 |
Phenol, 4-chloro-3-methyl- |
|
U081 |
120-83-2 |
Phenol, 2,4-dichloro- |
|
U082 |
87-65-0 |
Phenol, 2,6-dichloro- |
|
U089 |
56-53-1 |
Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)- |
|
U101 |
105-67-9 |
Phenol, 2,4-dimethyl- |
|
U052 |
1319-77-3 |
Phenol, methyl- |
|
U132 |
70-30-4 |
Phenol, 2,2'-methylenebis[3,4,6-trichloro- |
|
U411 |
114-26-1 |
Phenol, 2-(1-methylethoxy)-, methylcarbamate |
|
U170 |
100-02-7 |
Phenol, 4-nitro- |
|
See F027 |
87-86-5 |
Phenol, pentachloro- |
|
See F027 |
58-90-2 |
Phenol, 2,3,4,6-tetrachloro- |
|
See F027 |
95-95-4 |
Phenol, 2,4,5-trichloro- |
|
See F027 |
88-06-2 |
Phenol, 2,4,6-trichloro- |
|
U150 |
148-82-3 |
L-Phenylalanine, 4-[bis(2-chloroethyl)amino]- |
|
U145 |
7446-27-7 |
Phosphoric acid, lead salt |
|
U087 |
3288-58-2 |
Phosphorodithioic acid, 0,0-diethyl-S-methyl ester |
|
U189 |
1314-80-3 |
Phosphorus sulfide |
(R) |
U190 |
85-44-9 |
Phthalic anhydride |
|
U191 |
109-06-8 |
2-Picoline |
|
U179 |
100-75-4 |
Piperidine, 1-nitroso- |
|
U192 |
23950-58-5 |
Pronamide |
|
U194 |
107-10-8 |
1-Propanamine |
(I,T) |
U111 |
621-64-7 |
1,Propanamine, N-nitroso-N-propyl- |
|
U110 |
142-84-7 |
1-Propanamine, N-propyl- |
(I) |
U066 |
96-12-8 |
Propane, 1,2-dibromo-3-chloro- |
|
U083 |
78-87-5 |
Propane, 1,2-dichloro- |
|
U149 |
109-77-3 |
Propanedinitrile |
|
U171 |
79-46-9 |
Propane, 2-nitro- |
(I,T) |
U027 |
108-60-1 |
Propane, 2,2'oxybis[2-chloro- |
|
U193 |
1120-71-4 |
1,3-Propane sultone |
|
See F027 |
93-72-1 |
Propionic acid, 2-(2,4,5-trichlorphenoxy)- |
|
U235 |
126-72-7 |
1-Propanol, 2,3-dibromo-, phosphate (3:1) |
|
U140 |
78-83-1 |
1-Propanol, 2-methyl- |
(I,T) |
U002 |
67-64-1 |
2-Propanone |
(I) |
U007 |
79-06-1 |
2-Propenamide |
|
U084 |
542-75-6 |
Propene, 1,3-dichloro- |
|
U243 |
1888-71-7 |
1-Propene, 1,1,2,3,3,3-hexachloro- |
|
U009 |
107-13-1 |
2-Propenenitrile |
|
U152 |
126-98-7 |
2-Propenenitrile, 2-methyl- |
(I,T) |
U008 |
79-10-7 |
2-Propenoic acid |
(I) |
U113 |
140-88-5 |
2-Propenoic acid, ethyl ester |
(I) |
U118 |
97-63-2 |
2-Propenoic acid, 2-methyl-, ethyl ester |
|
U162 |
80-62-6 |
2-Propenoic acid, 2-methyl-, methyl ester |
(I,T) |
U373 |
122-42-9 |
Propham |
|
U411 |
114-26-1 |
Propoxur |
|
U194 |
107-10-8 |
n-Propylamine |
(I,T) |
U083 |
78-87-5 |
Propylene dichloride |
|
U387 |
52888-80-9 |
Prosulfocarb |
|
U148 |
123-33-1 |
3,6-Pyridazinedione, 1,2-dihydro- |
|
U196 |
110-86-1 |
Pyridine |
|
U191 |
109-06-8 |
Pyridine, 2-methyl- |
|
U237 |
66-75-1 |
2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]- |
|
U164 |
56-04-2 |
4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo- |
|
U180 |
930-55-2 |
Pyrrole, tetrahydro-N-nitroso- |
|
U200 |
50-55-5 |
Reserpine |
|
U201 |
108-46-3 |
Resorcinol |
|
U203 |
94-59-7 |
Safrole |
|
U204 |
7783-00-8 |
Selenious acid or selenium dioxide |
|
U205 |
7488-56-4 |
Selenium sulfide or selenium sulfide SeS2 |
(R,T) |
U015 |
115-02-6 |
L-Serine, diazoacetate (ester) |
|
See F027 |
93-72-1 |
Silvex |
|
U206 |
18883-66-4 |
Streptozotocin |
|
U103 |
77-78-1 |
Sulfuric acid, dimethyl ester |
|
U189 |
1314-80-3 |
Sulfur phosphide |
(R) |
See F027 |
93-76-5 |
2,4,5-T |
|
U207 |
95-94-3 |
1,2,4,5-Tetrachlorobenzene |
|
U208 |
630-20-6 |
1,1,1,2-Tetrachloroethane |
|
U209 |
79-34-5 |
1,1,2,2-Tetrachloroethane |
|
U210 |
127-18-4 |
Tetrachloroethylene |
|
See F027 |
58-90-2 |
2,3,4,6-Tetrachlorophenol |
|
U213 |
109-99-9 |
Tetrahydrofuran |
(I) |
U214 |
563-68-8 |
Thallium (I) acetate |
|
U215 |
6533-73-9 |
Thallium (I) carbonate |
|
U216 |
7791-12-0 |
Thallium (I) chloride or thallium chloride TlCl |
|
U217 |
10102-45-1 |
Thallium (I) nitrate |
|
U218 |
62-55-5 |
Thioacetamide |
|
U410 |
59669-26-0 |
Thiodicarb |
|
U153 |
74-93-1 |
Thiomethanol |
(I,T) |
U244 |
137-26-8 |
Thioperoxydicarbonic diamide [(H2N)C(S)]252, tetramethyl- |
|
U409 |
23564-05-8 |
Thiophanate-methyl |
|
U219 |
62-56-6 |
Thiourea |
|
U244 |
137-26-8 |
Thiram |
|
U220 |
108-88-3 |
Toluene |
|
U221 |
25376-45-8 |
Toluenediamine |
|
U223 |
26471-62-5 |
Toluene diisocyanate |
(R,T) |
U328 |
95-53-4 |
o-Toluidine |
|
U353 |
106-49-0 |
p-Toluidine |
|
U222 |
636-21-5 |
o-Toluidine hydrochloride |
|
U389 |
2303-17-5 |
Triallate |
|
U011 |
61-82-5 |
1H-1,2,4-Triazol-3-amine |
|
U227 |
79-00-5 |
1,1,2-Trichloroethane |
|
U228 |
79-01-6 |
Trichloroethylene |
|
U121 |
75-69-4 |
Trichloromonofluoromethane |
|
See F027 |
95-95-4 |
2,4,5-Trichlorophenol |
|
See F027 |
88-06-2 |
2,4,6-Trichlorophenol |
|
U404 |
121-44-8 |
Triethylamine |
|
U234 |
99-35-4 |
1,3,5-Trinitrobenzene |
(R,T) |
U182 |
123-63-7 |
1,3,5-Trioxane, 2,4,6-trimethyl- |
|
U235 |
126-72-7 |
Tris(2,3-Dibromopropyl) phosphate |
|
U236 |
72-57-1 |
Trypan blue |
|
U237 |
66-75-1 |
Uracil mustard |
|
U176 |
759-73-9 |
Urea, N-ethyl-N-nitroso- |
|
U177 |
684-93-5 |
Urea, N-methyl-N-nitroso- |
|
U043 |
75-01-4 |
Vinyl chloride |
|
U248 |
81-81-2 |
Warfarin, and salts, when present at a concentration of 0.3% or less |
|
U239 |
1330-20-7 |
Xylene |
(I) |
U200 |
50-55-5 |
Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[(3,4,5-trimethoxy-benzoyl)oxy]-, methyl ester |
|
U249 |
1314-84-7 |
Zinc phosphide, when present at concentration 10% or less |
|
R 299.9226 Table 205c; discarded commercial chemical products; off-specification species; container residues; and spill residues thereof as toxic hazardous wastes.
Rule 226. Table 205c reads as follows:
T |
|||
Michigan Hazardous Waste Number |
Chemical Abstract Services Number |
Substance |
Hazard Code |
001U |
50-76-0 |
Actinomycin D |
|
002U |
107-05-1 |
Allyl chloride |
|
003U |
117-79-3 |
2-aminoanthraquinone |
|
004U |
60-09-3 |
Aminoazobenzene |
|
005U |
97-56-3 |
O-aminoazotoluene |
|
007U |
132-32-1 |
3-amino-9-ethyl carbazole |
|
011U |
90-04-0 |
o-Anisidine |
|
012U |
134-29-2 |
o-Anisidine hydrochloride |
|
014U |
1397-94-0 |
Antimycin A |
|
020U |
1689-84-5 |
Bromoxynil |
|
160U |
106-99-0 |
1,3-Butadiene |
|
023U |
133-06-2 |
Captan |
|
027U |
786-19-6 |
Carbophenothion |
|
029U |
2921-88-2 |
Chloropyrifos |
|
032U |
7782-50-5 |
Chlorine gas |
|
033U |
107-07-3 |
2-Chloroethanol |
|
150U |
106-48-9 |
p-chlorophenol |
|
036U |
5131-60-2 |
4-chloro-m-phenylenediamine |
|
038U |
126-99-8 |
Chloroprene |
|
151U |
96-79-4 |
5-chloro-o-toluidene |
|
040U |
1420-04-8 |
Clonitralid |
|
042U |
56-72-4 |
Couma |
|
046U |
66-81-9 |
Cycloheximide |
|
051U |
333-41-5 |
Diazinon |
|
052U |
117-80-6 |
Dichlone |
|
054U |
62-73-7 |
Dichlorvos |
|
056U |
64-67-5 |
Diethyl sulfate |
|
165U |
105-55-5 |
N,N'-Diethylthiourea |
|
057U |
39300-45-3 |
Dinocap |
|
061U |
563-12-2 |
Ethion |
|
068U |
680-31-9 |
Hexamethyl phosphoramide |
|
070U |
123-31-9 |
Hydroquinone |
|
073U |
54-85-3 |
Isonicotinic acid hydrazide |
|
074U |
463-51-4 |
Ketene |
|
075U |
78-97-7 |
Lactonitril |
|
076U |
21609-90-5 |
Leptophos |
|
078U |
569-64-2 |
Malachite green |
|
079U |
121-75-5 |
Malathion |
|
086U |
90-12-0 |
1-Methylnaphthalene |
|
094U |
300-76-5 |
Naled |
|
097U |
61-57-4 |
Niridazole |
|
098U |
139-94-6 |
Nithiazide |
|
100U |
99-59-2 |
Nitro-o-anisidine |
|
104U |
51-75-2 |
Nitrogen mustard |
|
106U |
156-10-5 |
p-Nitrosodiphenylamine |
|
108U |
135-20-6 |
N-nitroso-N-phenylhydroxylamine, ammonium salt |
|
169U |
29082-74-4 |
Octachlorostyrene |
|
110U |
301-12-2 |
Oxydemeton-methyl |
|
111U |
1910-42-5 |
Paraquat dichloride |
|
112U |
79-21-0 |
Peroxyacetic acid |
|
113U |
136-40-3 |
Phenazopyridine hydrochloride |
|
115U |
50-06-6 |
Phenobarbitol |
|
116U |
57-41-0 |
Phenytoin |
|
117U |
630-93-3 |
Phenytoin sodium |
|
118U |
4104-14-7 |
Phosazetim |
|
119U |
732-11-6 |
Phosmet |
|
124U |
57-57-8 |
Propiolactone |
|
127U |
51-52-5 |
Propylthiouracil |
|
128U |
83-749-4 |
Rotenone |
|
129U |
57-56-7 |
Semicarbazide |
|
170U |
563-41-7 |
Semicarbazide hydrochloride |
|
131U |
100-42-5 |
Styrene |
|
136U |
13071-79-9 |
Terbufos |
|
138U |
139-65-1 |
4,4'-Thiodianiline |
|
154U |
56-35-9 |
Bis(tri-n-butyl tin) oxide |
|
171U |
688-73-3 |
Tributyltin (and other salts and esters) |
|
142U |
1582-09-8 |
Trifluralin |
|
143U |
137-17-7 |
2,4,5-Trimethylaniline |
|
175U |
593-60-2 |
Vinyl bromide |
|
R 299.9227 Deletion of certain hazardous waste numbers after equipment cleaning and replacement.
Rule
227. (1) Wastes from wood preserving processes at plants that do not resume or
initiate the use of chlorophenolic preservatives will not meet the listing
description of F032 once the generator has met all of the requirements
of subrules (2) to (5) of this rule. These wastes may, however, continue to
meet another hazardous waste listing description or may exhibit 1 or more of
the hazardous waste characteristics.
(2) Generators shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, forklifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the environment. In cleaning or replacing the process equipment, the generator shall do 1 of the following:
(a) Prepare and follow a process equipment cleaning plan and clean process equipment in accordance with the provisions of subrule (3) of this rule.
(b) Prepare and follow a process equipment replacement plan and replace process equipment in accordance with the provisions of subrule (4) of this rule.
(c) Document that previous process equipment cleaning or replacement, or both, was performed in accordance with the provisions of subrule (3) or (4), or both, of this rule and occurred after cessation of the use of chlorophenolic preservatives.
(3)
In cleaning the process equipment that may have come into contact with
chlorophenolic formulations, the generator shall do all of the
following:
(a) Prepare and sign a written process equipment cleaning plan that describes all of the following:
(i) The process equipment to be cleaned.
(ii) The process equipment cleaning method or methods.
(iii) The solvent to be used in cleaning the process equipment.
(iv) How the solvent rinses will be tested.
(v) How the cleaning residues will be managed and disposed of.
(b) Clean the process equipment as follows:
(i) Remove all visible residues from the process equipment.
(ii) Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.
(c)
Test the rinses in accordance with an appropriate method in accordance with
40 C.F.R. §261.35(b)(2)(iii).
(d) Manage all residues from the cleaning process as F032 waste.
(4) In replacing the process equipment that may have come into contact with chlorophenolic formulations, the generator shall do both of the following:
(a)
Prepare and sign a written process equipment replacement plan that describes
all of the following:
(i) The process equipment to be replaced.
(ii) The process equipment replacement method or methods.
(iii) How the process equipment will be managed and disposed of.
(b) Manage the discarded process equipment as F032 waste.
(5)
The generator shall maintain all of the following information that
documents the cleaning and replacement activities as part of the operating
record:
(a) The name and address of the plant.
(b) Formulations previously used and the date on which their use ceased in each process at the plant.
(c) Formulations currently used in each process at the plant.
(d) The equipment cleaning or replacement plan.
(e) The name and address of any persons who conducted the cleaning and replacement.
(f)
The dates on which the cleaning and replacement were accomplished.
(g) The dates of sampling and testing.
(h)
A description of the sampling handling and preparation techniques, including
the techniques that are used for all of the following:
(i) Extraction.
(ii) Containerization.
(iii) Preservation.
(iv) Chain‑of‑custody of the samples.
(i) A description of the tests performed, the date the tests were performed, and the results of the tests.
(j) The names and model numbers of the instruments used in performing the tests.
(k) Quality assurance/quality control documentation.
(l)
A statement whichthat is signed by the generator or the
generator's authorized representative and which contains the following
language: "I certify under penalty of law that all process equipment
required to be cleaned or replaced under R 299.9227 was cleaned or
replaced as represented in the equipment cleaning and/or replacement plan and
accompanying documentation. I am aware that there are significant penalties
for providing false information, including the possibility of fine or
imprisonment."
(6)
The provisions of 40 C.F.R. §261.35(b)(2)(iii)
are adopted by reference in R 299.11003.
R 299.9228 Universal wastes.
Rule 228. (1) This rule
provides an alternate set of standards under which universal wastes may be
managed instead of full regulation as hazardous waste under these rules. The
requirements of this rule apply to the universal wastes identified in this subrule
and to persons managing the universal wastes. Universal wastes that are not
managed pursuant to this rule are subject to full regulation as hazardous waste
under these rules. Except as provided in subrule (2) of this rule, all of the
following universal wastes are exempt from full regulation as hazardous waste
under these rules if they are managed pursuant to the requirements of this
rule:
(a) A battery, including a spent lead‑acid battery that is not managed pursuant to R 299.9804.
(b) A pesticide, including both of the following:
(i) A recalled pesticide, including the following:
(A) A stock of a suspended and cancelled pesticide that is part of a voluntary or mandatory recall under section 19(b) of the FIFRA, 7 USC 136q, including, but not limited to, a stock owned by the registrant responsible for conducting the recall.
(B) A stock of a
suspended or cancelled pesticide, or of a pesticide that idoes
not in compliancey with the FIFRA, that is part of a
voluntary recall by the registrant.
(ii) A stock of an unused pesticide product other than a product specified in paragraph (i) of this subdivision that is collected and managed as part of a waste pesticide collection program.
(c) A thermostat.
(d) A mercury switch.
(e) A mercury thermometer.
(f) A waste device, or part of a device, that contains only elemental mercury as the hazardous waste constituent and the elemental mercury is integral to its function.
(g) A lamp.
(h) A pharmaceutical.
(i) Consumer
electronics.
(ji)
Antifreeze.
(kj) An
aerosol can.
(2) The requirements of this rule do not apply to any of the following:
(a) A spent lead-acid battery that is managed pursuant to R 299.9804.
(b) A battery that is not a waste under part 2 of these rules. A used battery becomes a waste when it is discarded. An unused battery becomes a waste on the date the universal waste handler decides to discard it.
(c) A battery that is not hazardous waste. A battery is a hazardous waste if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.
(d) A pesticide identified in subrule (1) of this rule that is managed by farmers in compliance with R 299.9204(3)(b).
(e) A pesticide that does not meet the requirements in subrule (1) of this rule. The pesticide must be managed pursuant to parts 2 to 8 of these rules, except that aerosol cans that contain pesticides may be managed as aerosol cans universal waste under this rule.
(f) A pesticide that is
not a waste under part 2 of these rules. A recalled pesticide becomes a waste
on the first date on which the generator of the pesticide agrees to
participate in the recall and the person conducting the recall decides to
discard the pesticide. An unused pesticide becomes a waste on the date that the
generator decides to discard it. The following pesticides are not wastes:
(i) A recalled pesticide
if the person conducting the recall is in compliances with
either of the following provisions:
(A) The person has not made
a decisionded to discard the pesticide. Until a decision is
made, the pesticide does not meet the definition of a waste under R 299.9202
and, therefore, is not considered a hazardous waste subject to regulations
under these rules. The pesticide remains subject to the requirements of the FIFRA.
(B) The person has made
a decisionded to use a management option that does not result
in the pesticide meeting the definition of a waste under R 299.9202. The
pesticide, including a recalled pesticide that is exported to a foreign
destinations for use or reuse, remains subject to the requirements of
the FIFRA.
(ii) An unused pesticide product if the generator of the unused pesticide product has not decided to discard the product. The pesticide product remains subject to the requirements of the FIFRA.
(g) A pesticide that is not hazardous waste. A pesticide is a hazardous waste if it is listed under R 299.9213 or R 299.9214 or if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.
(h) A thermostat, mercury switch, mercury thermometer, or a waste device that contains only elemental mercury as the hazardous waste constituent that is not a waste under part 2 of these rules. A used thermostat, mercury switch, mercury thermometer, or a used waste device that contains only elemental mercury as the hazardous waste constituent becomes a waste on the date it is discarded. An unused thermostat, mercury switch, mercury thermometer, and an unused waste device that contains only elemental mercury as the hazardous waste constituent becomes a waste on the date that the universal waste handler decides to discard it.
(i) A thermostat, mercury switch, mercury thermometer, and a waste device that contains only elemental mercury as the hazardous waste constituent that is not hazardous waste. A thermostat, mercury switch, mercury thermometer, and a waste device that contains only elemental mercury as the hazardous waste constituent is a hazardous waste if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.
(j) A lamp that is not a waste under part 2 of these rules. A used lamp becomes a waste on the date that the universal waste handler permanently removes it from its fixture. An unused lamp becomes a waste on the date that the universal waste handler decides to discard it.
(k) A lamp that is not a hazardous waste. A lamp is a hazardous waste if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.
(l) A pharmaceutical
that is not a waste under part 2 of these rules. An unused pharmaceutical
becomes a waste on the date that the universal waste handler decides to discard
it.
(m) A pharmaceutical
that is not a hazardous waste. A waste pharmaceutical is a hazardous waste if
it is listed under R 299.9213 or R 299.214 or if it exhibits 1 or more
hazardous waste characteristics under R 299.9212.
(n) Consumer
electronics that are not a waste under part 2 of these rules. A consumer
electronic becomes a waste on the date that the universal waste handler decides
to discard it.
(om)
Consumer electronics that are not a hazardous waste. A consumer electronic is
a hazardous waste if it is listed under R 299.9213 or R 299.214, or
if it exhibits 1 or more hazardous waste characteristics under R 299.9212.
(pn)
Antifreeze that is not a waste under part 2 of these rules. Used antifreeze
becomes a waste when it is discarded. Unused antifreeze becomes a waste on the
date that the universal waste handler decides to discard it.
(qo)
Antifreeze that is not a hazardous waste. Antifreeze is a hazardous waste if
it is listed in R 299.9213 or R 299.9214, or if it exhibits 1 or more
hazardous waste characteristics under R 299.9212.
(rp) Aerosol
cans that are not a waste under part 2 of these rules. An unused aerosol can becomes
a waste on the date the universal waste handler decides to discard it. A used
aerosol can becomes a waste when it is discarded.
(sq) Aerosol
cans that are not a hazardous waste. An aerosol can is a hazardous waste if it
contains a substance that is listed in R 299.9213 or R 299.9214, or if it
exhibits 1 or more hazardous waste characteristics under R 299.9212.
(tr) An
aerosol can that is empty under R 299.9207.
(3) A person that manages household wastes that are exempt from regulation under R 299.9204(2)(a) and are also of the same type as the universal wastes identified in subrule (1) of this rule or very small quantity generator wastes that are exempt from regulation under R 299.9304 and are also of the same type as the universal wastes identified in subrule (1) of this rule may, at the person's option, manage the wastes under this rule. A person who commingles household wastes or very small quantity generator wastes with universal waste regulated pursuant to this rule shall manage the commingled waste under the requirements of this rule.
(4) A universal waste small
quantity handler shall comply with all of the following requirements:
(a) The requirements of 40 CFR part 273, subpart B, except 273.10 and 273.18(b).
(b) If the universal waste small quantity handler is self-transporting universal waste offsite, then the handler becomes the universal waste transporter for the self‑transportation activities and shall comply with the requirements of subrule (6) of this rule while transporting the universal wastes.
(c) If the universal waste small quantity handler handles mercury switches, mercury thermometers, or waste devices that contain only elemental mercury as the hazardous waste constituent, then 40 CFR 273.13(c) applies to the mercury switches, mercury thermometers, and waste devices that contain only elemental mercury as the hazardous waste constituent.
(d) If the universal
waste small quantity handler manages pharmaceuticals, then all of the following
additional requirements must apply:
(i) The pharmaceuticals
must be managed in a manner that prevents releases of any universal waste or
component of a universal waste to the environment. The pharmaceuticals must be
contained in a container that remains closed, except to add or remove universal
waste, is structurally sound, is compatible with the pharmaceutical, and lacks
evidence of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable circumstances, or if the container does not meet these
conditions, is overpacked in a container that does meet these conditions.
(ii) If a release of
pharmaceuticals or component of pharmaceuticals occurs, the release must be
immediately cleaned up and properly characterized for disposal.
(iii) A universal waste
handler may disassemble packaging and sort pharmaceuticals.
(iv) Incompatible
pharmaceuticals must be segregated. Adequate distance must be employed to
prevent the contact of incompatible materials.
(e) If the universal waste small quantity handler manages
consumer electronics, then all of the following additional requirements
apply:
(i) The consumer electronics must be managed in a manner that prevents breakage or the release of any universal waste or components of universal waste by containing the consumer electronics in packaging that will prevent breakage during normal handling conditions.
(ii) Label the outer packaging or container with the words "universal waste consumer electronics" or "universal waste electronics."
(iii) Properly contain, classify, and dispose of releases and potential releases of consumer electronics and residues.
(fe) A
universal waste small quantity handler handling consumer electronics may
perform any of the following activities and shall still be regulated as
a universal waste small quantity handler:
(i) Repair the consumer electronics for potential direct reuse.
(ii) Remove other universal wastes from the consumer electronics.
(iii) Remove individual modular components for direct reuse.
(gf) If the
universal waste small quantity handler manages antifreeze, then all of the
following additional requirements must apply:
(i) The antifreeze must be managed in a manner that prevents releases of any universal waste or component of a universal waste to the environment.
(ii) The antifreeze must be contained in 1 or more of the following manners:
(A) A container that remains closed, except to add or remove universal waste, is structurally sound, is compatible with the antifreeze, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(B) A container that does not meet the requirements of subparagraph (A) of this paragraph, if the container is overpacked in a container that does meet the requirements of subparagraph (A) of this paragraph.
(C) A tank that meets the requirements of 40 CFR part 265, subpart J, except for 40 CFR 265.197(c), and 265.200.
(D) A transport vehicle
or vessel that remains closed, except to add or remove universal waste, is
structurally sound, is compatible with the antifreeze, and that lacks evidence
of leakage, spillage, or damage that could cause leakage under reasonabley
foreseeable conditions.
(iii) If a release of antifreeze or a component of antifreeze occurs, the release must be immediately cleaned up and properly characterized for disposal.
(iv) The containers or tanks used to manage the antifreeze must be labeled with the words "universal waste antifreeze," "waste antifreeze," or "used antifreeze."
(5) A universal waste large
quantity handler shall comply with all of the following requirements:
(a) Maintain the universal waste large quantity handler designation through the end of the calendar year in which a total of 5,000 kilograms or more of universal waste is accumulated.
(b) The requirements of 40 CFR part 273, subpart C, except 273.30 and 273.38(b).
(c) If the universal waste large quantity handler is self‑transporting universal waste off-site, then the handler becomes the universal waste transporter for the self‑transportation activities and shall comply with the requirements of subrule (6) this rule while transporting the universal wastes.
(d) If the universal waste large quantity handler handles mercury switches, mercury thermometers, or waste devices that contain only elemental mercury as the hazardous waste constituent, then 40 CFR 273.33(c) applies to the mercury switches, mercury thermometers, and waste devices that contain only elemental mercury as the hazardous waste constituent.
(e) If the universal
waste large quantity handler handles pharmaceuticals, all of the additional
requirements of subrule (4)(d) of this rule.
(f) If the universal waste large quantity handler handles
consumer electronics, all of the additional requirements of subrules (4)(ed)
and (fe) of this rule.
(gf) If the
universal waste large quantity handler handles antifreeze, all of the
additional requirements of subrule (4)(gf) of this rule.
(6) A universal waste transporter shall comply with both of the following requirements:
(a) The requirements of 40 CFR part 273, subpart D, except 273.50 and 273.53.
(b) Store universal wastes at a universal waste transfer facility for 10 days or less. If the transporter stores universal wastes for more than 10 days, then the transporter becomes a universal waste handler and shall comply with the applicable requirements of subrules (4) and (5) of this rule while storing the universal wastes.
(7) Except as provided for
in subrules (8) and (9) of this rule, an owner or operator of a destination
facility shall comply with all of the following requirements:
(a) The requirements of parts 5 to 8 of these rules and the notification requirements under section 3010 of RCRA, 42 USC 6930.
(b) The requirements of 40 CFR 273.61 and 273.62.
(c) The requirements of the act and these rules if the owner or operator generates waste as a result of recycling universal waste.
(8) An owner or operator of a destination facility that recycles a particular universal waste without storing the universal waste before recycling shall comply with R 299.9206(1)(c).
(9) An owner or operator of a destination facility that stores lamps before recycling the lamps at the facility shall comply with R 299.9206(5).
(10) A person who manages universal waste that is imported from a foreign country into the United States shall comply with the following applicable requirements immediately after the universal waste enters the United States:
(a) The requirements of subrule (4) of this rule if a small quantity handler of universal waste.
(b) The requirements of subrule (5) of this rule if a large quantity handler of universal waste.
(c) The requirements of subrule (6) of this rule if a transporter of universal waste.
(d) The requirements of subrules (7) to (9) of this rule if a universal waste destination facility.
(e) The requirements of
this rule and R 299.9314 if managing universal waste that is imported from
an Organization for Economic Cooperation and Development
country.
(11) 40 CFR
part 273, subparts B to E, except 273.10, 273.18(b), 273.30,
273.38(b), 273.50, 273.53, and 273.60, are adopted by reference in
R 299.11003. For the purposes of adoption, the term
"department" replaces the term "EPA," except in 40 CFR
273.32(a)(3),; the term "director" replaces the term
"regional administrator,;" the term
"R 299.9212" replaces the term "40 CFR part 261,
subpart C,;" the term "R 299.9302" replaces
the term "40 CFR 262.11,;" the term "R 299.9304, R 299.9305,
R 299.9306, or R 299.9307" replaces the term “40 CFR 262.14, 15, 16,
or 17,;" the term "R 299.93065 to
R 299.9307" replaces the term "§262.34,;" the
term "part 3 of these rules" replaces the term
"40 CFR part 262,;" and the term
"parts 2 to 8 of these rules" replaces the term
"40 CFR parts 260 through 272."
R 299.9229 Petitions to amend list of universal wastes.
Rule
229. (1) Except as provided for in subrule (4) of this rule, aA
person who seeks to add a hazardous waste or a category of hazardous waste to
the list of universal wastes in R 299.9228 may petition the department for
a regulatory amendment under this rule and 40 C.F.R. §260.20.
(2)
A petition filed pursuant this rule mustshall include all of the
following:
(a)
A demonstration that regulation under the provisions of R 299.9228
is appropriate for the waste or category of waste.
(b) A demonstration that regulation under the provisions of R 299.9228 will improve the management practices for the waste or category of waste.
(c) A demonstration that regulation under the provisions of R 299.9228 will improve implementation of the hazardous waste management program.
(d)
The information listed in 40 C.F.R. §260.20(b).
(e) Information addressing the following factors as appropriate for the waste or category of waste:
(i)
Whether the waste or category of waste, as generated by a wide variety of
generators, is listed pursuant to the provisions of R 299.9213 or
R 299.9214 or, if not listed, what proportion of the hazardous waste
stream exhibits 1 or more of the hazardous characteristics identified in
R 299.9212. If a characteristic hazardous waste is added to the list of
universal wastes in R 299.9228 using a generic name to identify the waste
category, then the definition of the universal waste shallmust
include only the hazardous waste portion of the waste category. Only the
portion of the waste stream that exhibits 1 or more hazardous characteristics
is subject to the universal waste requirements of R 299.9228.
(ii)
Whether the waste or category of waste is commonly generated by a wide variety
of establishments or whether it is exclusive to a specific industry or
group of industries.
(iii) Whether the waste or category of waste is generated by a large number of generators and is frequently generated in relatively small quantities by each generator.
(iv) Whether systems to be used for collecting the waste or category of waste would ensure close stewardship of the waste.
(v)
Whether the risk posed by the waste or category of waste during accumulation
and transport is relatively low compared to other hazardous wastes and whether
specific management standards proposed or referenced by the petitioner would
be are protective of human health and the environment during the
accumulation and transport.
(vi) Whether regulation of the waste or category of waste under R 299.9228 will increase the likelihood that the waste will be diverted from nonhazardous waste management systems to recycling, treatment, or disposal in compliance with subtitle C of RCRA.
(vii) Whether regulation of the waste or category of waste under R 299.9228 will improve implementation of, and compliance with, the hazardous waste management program.
(viii) Other factors as may be appropriate.
(3) The department will evaluate and grant or deny a petition filed pursuant to this rule using the factors listed in subrule (2) of this rule. The department may require additional information as necessary to evaluate the merits of the petition. The decision to grant or deny a petition will be based on the weight of evidence showing that regulation under R 299.9228 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the hazardous waste management program.
(4) Hazardous waste pharmaceuticals are regulated by R 299.9824 to R 299.9833 and may not be added as a category of hazardous waste for management under this rule.
(45)
The provisions of 40 C.F.R. §260.20 are
adopted by reference in R 299.11003.
R 299.9231 Exclusions and exemptions for CRTs.
Rule
231. (1) Used, broken CRTs are not considered wastes prior to processing if
all of the following conditions are met:
(a) The CRTs are destined for recycling.
(b) The CRTs are stored in a building with a roof, floor, and walls or are placed in a container that is constructed, filled, and closed to minimize the release of CRT glass, including fine solid materials, to the environment.
(c) Each container in which the CRTs are contained is labeled or marked clearly with the phrase "Do not mix with other glass materials" and either "Used cathode ray tube(s)‑contains leaded glass" or "Leaded glass from televisions or computers."
(d) The CRTs are transported in a container that is constructed, filled, and closed to minimize the release of CRT glass, including fine solid materials, to the environment and the container is labeled in accordance with the requirements of subdivision (c) of this subrule.
(e)
The CRTs are not speculatively accumulated or used in a manner constituting
disposal. If the CRTs are used in a manner constituting disposal, they mustshall
be managed in accordance with R 299.9801.
(f)
The AES filing compliance date and requirements for CRT exporters inof
40 CFR 261.39(a)(5) if the CRTs are being exported.
(2)
Used, broken CRTs undergoing processing are not considered wastes if all of the
following conditions are met:
(a) The requirements of subdivision (e) of subrule (1) of this rule.
(b)
All CRT processing mustshall be performed within a building with
a roof, floor, and walls.
(c)
All CRT processing mustshall be performed at temperatures that do
not volatize the lead from the CRTs.
(3) Glass from used CRTs that is destined for recycling at a CRT glass manufacturer or lead smelter after processing is not a waste unless it is speculatively accumulated.
(4)
Glass from used CRTs that is used in a manner constituting disposal is not
excluded from regulation under this rule and shall beis subject
to the requirements of R 299.9801.
(5)
Used, intact CRTs exported for recycling are not considered wastes if all of
the following conditions are met:
(a)
The AES filing compliance date and requirements for CRT exporters inof
40 C.F.R. §261.39(a)(5).
(b) The CRTs are not speculatively accumulated.
(6)
CRT exporters Persons who export used, intact CRTs for reuse
shall comply with the requirements of 40 C.F.R. §261.41.
(7)
The provisions of 40 C.F.R. §§261.39(a)(5) and
261.41 are adopted by reference in R 299.11003. For the purposes of these
adoptions, the term "site identification number" shall replaces
the term "EPA ID number."
R 299.9232 Legitimate recycling of hazardous secondary materials.
Rule 232. (1) The recycling of a hazardous secondary material for the
purpose of exclusion or exemption from the regulation as a hazardous waste must
be legitimate. A hazardous secondary material that is not legitimately
recycled is a discarded material and, therefore, a waste. In determining if
the recycling is legitimate, a person shall address all of the following
requirements and consider the requirements of subrule (2) of this rule.
(a) Legitimate recycling must involve a hazardous secondary material that provides a useful contribution to the recycling process or to a product or intermediate of the recycling process. A hazardous secondary material provides a useful contribution if it meets 1 of the following requirements:
(i) It contributes a valuable ingredient to a product or intermediate.
(ii) It replaces a catalyst or carrier in the recycling process.
(iii) It is the source of a valuable constituent recovered in the recycling process.
(iv) It is recovered or regenerated by the recycling process.
(v) It is used as an effective substitute for a commercial product.
(b) The recycling process must produce a valuable product or intermediate. A product or intermediate is valuable if it meets 1 of the following requirements:
(i) It is sold to a third party.
(ii) It is used by the recycler or the generator as an effective substitute for a commercial product or as an ingredient or intermediate in an industrial process.
(c) The generator and the recycler shall manage the hazardous secondary material as a valuable commodity when it is under their control. If there is an analogous raw material, the hazardous secondary material must be managed, at a minimum, in a manner consistent with the management of the raw material or in an equally protective manner. If there is no analogous raw material, the hazardous secondary material must be contained. A hazardous secondary material that is released to the environment and is not recovered immediately is discarded.
(2) A person making a determination regarding the legitimacy of a specific recycling activity shall consider the following factors:
(a) The product of the recycling process does not do any of the following:
(i) Contain significant concentrations of any hazardous constituents found in appendix VIII of 40 CFR part 261 at levels that are not found in analogous products.
(ii) Contain concentrations of hazardous constituents found in appendix VIII of 40 CFR part 261 at levels that are significantly elevated from those found in analogous products.
(iii) Exhibit a hazardous characteristic as defined in R 299.9212 that analogous products do not exhibit.
(b)
In making a determinationing that a hazardous secondary
material is legitimately recycled, a person shall evaluate all factors and
consider the legitimacy as a whole. If the evaluation of the considerations in
subdivision (a) of this subrule indicate that the factor is not met, it may be
an indication that the material is not legitimately recycled. The factor in
subdivision (a) of this subrule does not have to be met for the recycling to be
considered legitimate. In evaluating the extent to which this factor is met and
in determining whether a process that does not meet this factor is still legitimate,
persons may consider exposure from toxics in the product, the bioavailability
of the toxics in the product, and other relevant considerations.
R 299.9233 Standards applicable to hazardous secondary materials excluded under the
remanufacturing exclusion.
Rule 233. (1) Hazardous secondary materials excluded under the remanufacturing
exclusion in R 299.9204(1)(cc) and stored in containers mustshall
be managed in accordance with 40 C.F.R. part 261,
subpart I.
(2) Hazardous secondary materials excluded
under the remanufacturing exclusion in R 299.9204(1)(cc) and stored or
treated in tank systems mustshall
be managed in accordance with 40 C.F.R. part
261, subpart J.
(3) Hazardous secondary materials excluded
under the remanufacturing exclusion in R 299.9204(1)(cc) mustshall be managed in compliance with the applicable
regulations under 40 C.F.R. part 261, subparts
AA, BB, and CC.
(4)
The
provisions of 40 C.F.R. part 261, subparts I, J, AA, BB,
and CC are adopted by reference in R 299.11003. For the purposes of this
adoption, the reference "R 299.9204(1)(cc)" shall replaces
the reference to "§261.4(a)(27)," the reference
"R 299.9108" shall replaces the reference to
"§260.10" with respect to tank systems, the word "director"
shall replaces the words "regional administrator," the
words "these rules" shall replace the words "parts 261
through 266, 268, 270, 271, and 124 of this chapter," the reference
"R 299.11002" shall replaces the reference to
"§260.11" with respect to NFPA documents, the words "part 5 of
these rules" shall replace the reference to
"40 CFR part 270," the words "40 CFR part 266,
subpart H and R 299.9808" shall replace the reference to "40
CFR part 266, subpart H," the reference "R 299.11001" shall
replaces reference to "§260.11" with respect to APTI
courses, ASTM methods, and American Petroleum Institute Publications,
and the words "parts 1 to 8 of these rules" shall replace the
references to "40 CFR parts 260-266" and "40 CFR parts
260 through 266 of this chapter."
R 299.9234 Standards applicable to hazardous secondary materials excluded under the reclamation exclusion.
Rule 234. (1) Hazardous secondary
materials excluded under the reclamation exclusions in R 299.9204(1)(aa)
or (bb) mustshall be managed in
accordance with 40 C.F.R. part 261, subpart M.
(2)
The
provisions of 40 C.F.R. part 261, subpart M are adopted by
reference in R 299.11003. For the purposes of this adoption, the
reference "R 299.9204(1)(aa) or (bb)" shall replaces
the reference to "§261.4(a)(23) and/or (24)," the word
"director" shall replaces the words "regional
administrator," and the words "parts 3, 4, and 6 of these rules"
shall replace the words "parts 262, 263, and 265 of this
chapter."
PART 3. GENERATORS OF HAZARDOUS WASTE
R 299.9301 Applicability.
Rule 301. (1) This part
establishes requirements for generators of hazardous waste. A person who
generates hazardous waste shall comply with all of the following
independent requirements:
(a) For a very small quantity generator, the requirements of R 299.9302(1) and R 299.9303.
(b) For a small quantity generator, the requirements of R 299.9302, R 299.9303, R 299.9308 to R 299.9310, R 299.9311(1), and R 299.9314.
(c) For a large quantity generator, the requirements of R 299.9302, R 299.9303, R 299.9308 to R 299.9312, and R 299.9314.
(2) A generator shall use the provisions of R 299.9303 to determine the applicability of the requirements of this part that are dependent on calculations of the quantity of hazardous waste generated each calendar month.
(3) A generator whothat
treats, stores, or disposes of hazardous waste on‑site shall comply with
the R 299.9302, R 299.9305 to R 299.9308, R 299.9311, and
R 299.9312 and the applicable requirements of parts 5, 6, 7, and 8 of
these rules.
(4) Any person whothat
imports hazardous waste into the United States shall comply with the standards
in this part that are applicable to generators.
(5) An owner or operator whothat
initiates a shipment of hazardous waste from a treatment, storage, or disposal
facility shall comply with the generator standards established in this
part.
(6) In addition to
complying with this part, a generator whothat uses theirhis
or her own vehicle to transport hazardous waste shall comply with the
applicable requirements of part 4 of these rules.
(7) Any person whothat
exports or imports hazardous wastes shall comply with R 299.9308 and R 299.9314.
(8) Persons responding to an explosives or munitions emergency in accordance with R 299.9503(2) are not required to comply with the standards in this part.
(9) Laboratories owned by an eligible academic entity that chose to be subject to R 299.9313 are not subject to the following requirements:
(a) The independent requirements of R 299.9302, R 299.9305, and R 299.9311(1), except as provided in R 299.9315.
(b) R 299.9304, except as provided in R 299.9315.
(10) All reverse distributors are subject to R 299.9824 to R 299.9833 for the management of hazardous waste pharmaceuticals instead of part 3 of these rules.
(11) Each healthcare facility must determine if it is subject to R 299.99824 to
R 299.9833 for the management of hazardous waste pharmaceuticals, based on
the total amount of hazardous waste it generates per calendar month, including
both hazardous waste pharmaceuticals and non‑pharmaceutical hazardous
waste. A healthcare facility that generates more than 100 kilograms of
hazardous waste per calendar month, or more than 1 kilogram of acute or
severely toxic hazardous waste per calendar month, or more than 100 kilograms
per calendar month of any residue or contaminated soil, water, or other debris,
resulting from the clean-up of a spill, into or on any land or water, of any
acute or severely toxic hazardous wastes listed in these rules is subject to R
299.9824 to R 299.9833 instead of part 3 of these rules. A healthcare
facility that is a very small quantity generator when counting all its
hazardous waste, including both its hazardous waste pharmaceuticals and its
non-pharmaceutical hazardous waste, is subject to R 299.9304, the optional
provisions of R 299.9827, R 299.9828, and R 299.9830.
R 299.9302 Hazardous waste determination.
Rule 302. (1) A person whothat
generates a waste as defined in R 299.9202 shall make an accurate determination
if that waste is a hazardous waste to ensure the waste is properly managed
under these rules. A hazardous waste determination must be made using the
following method:
(a) The hazardous waste
determination for each waste must be made at the point of waste generation,
before dilution, mixing, or other alteration of the waste occurs, and at any
time in the course of its management that it has, or may have, changed its
properties as a result of exposure to the environment or other factors that may
change the properties of the waste souch that the classification
of the waste under these rules may change.
(b) A generator shall determine if the waste is excluded from regulation under R 299.9204(1) or (2).
(c) If the waste is not excluded, the generator shall determine if the waste is listed as hazardous under R 299.9213 and R 299.9214. Acceptable knowledge that may be used in making an accurate determination if the waste is listed may include the waste origin, composition, the process producing the waste, feedstock, and other reliable and relevant information. If the waste is listed, the generator may file a delisting petition under 40 CFR 260.20 and 260.22 to demonstrate that the waste from this specific site or operation is not a hazardous waste.
(d) The generator shall determine if the waste meets 1 or more of the characteristics of hazardous waste under R 299.9212 by doing either of the following, or a combination of both:
(i) Applying knowledge of the hazardous characteristics of the waste given the materials or processes used to generate the waste. Acceptable knowledge that may be used in making an accurate determination if the waste exhibits 1 or more characteristics of a hazardous waste includes process knowledge; feedstocks and other process inputs; knowledge of products, by‑products, and intermediates produced by the manufacturing process; chemical or physical characterization of the wastes; information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste; testing that illustrates the properties of the waste; or other reliable and relevant information about the properties of the waste or its constituents. A test other than a test method set forth in R 299.9212 or according to an equivalent method approved by the director under R 299.9215 may be used as part of the generator’s knowledge to determine if a waste exhibits a characteristic of a hazardous waste. The tests do not, by themselves, provide definitive results. Any test results that a generator may use for this determination must be based on testing that was conducted using representative samples of the waste.
(ii) If available knowledge is inadequate to make an accurate determination, the generator shall test the waste according to the methods set forth in R 299.9212 or according to an equivalent method approved by the director under R 299.9215 and in accordance with the following:
(A) A generator testing
histheir own waste shall obtain a representative sample of
the waste for testing.
(B) If the test method is set forth in R 299.9212 or approved under R 299.9215, the results of the regulatory test, if properly performed, are definitive for determining the regulatory status of the waste.
(2) If the waste is
determined to be hazardous, the generator shall refer to parts 2 to 6 and
8 of these rules for possible exclusions or restrictions that pertain to the
management of his or herthe specific waste.
(3) If the waste is determined to be hazardous, then both small and large quantity generators shall identify all applicable hazardous waste numbers.
(4) If the general character of a waste changes due to changes in the materials or processes involved in its generation, the evaluation under subrule (1) of this rule must be repeated immediately by the generator.
R 299.9303 Generator category determination.
Rule 303. (1) A generator shall determine its generator category. A generator’s category is based on the amount of hazardous waste generated each month and may change from month to month. This rule sets forth procedures to determine whether a generator is a very small quantity generator, a small quantity generator, or a large quantity generator for a particular month.
TableABLE 1
Generator Categories Based on Quantity of Waste Generated in a Calendar Month
Acute Hazardous Waste |
Non‑acute Hazardous Waste |
Severely Toxic Hazardous Waste |
Residues from Cleanup of Acute or Severely Toxic Hazardous Waste |
Generator Category
|
> 1 kilogram |
Any amount |
> 1 kilogram |
Any amount |
Large quantity generator |
Any amount |
≥ 1,000 kilograms |
Any amount |
Any amount |
Large quantity generator |
Any amount |
Any amount |
Any amount |
> 100 kilograms |
Large quantity generator |
≤ 1 kilogram |
> 100 kilograms and < 1,000 kilograms |
≤ 1 kilogram |
≤ 100 kilograms |
Small quantity generator
|
≤ 1 kilogram |
≤ 100 kilograms |
≤ 1 kilogram |
≤ 100 kilograms |
Very small quantity generator |
(2) A generator whothat generates
acute hazardous waste, non-acute hazardous waste, or severely toxic hazardous
waste in a calendar month shall determine its generator category for that month
by doing all of the following.
(a) Counting the total amount of hazardous waste generated in the calendar month.
(b) Subtracting from the total any amounts of waste exempt from counting as described in subrules (4) and (5) of this rule.
(c) Determining the resulting generator category for the hazardous waste generated using table 1 of this rule.
(3) A generator whothat
generates acute or severely toxic hazardous waste and non-acute hazardous waste
in the same calendar month shall determine its generator category for that
month by doing all of the following:
(a) Counting separately the total amount of acute hazardous waste, the total amount of severely toxic hazardous waste, and the total amount of non-acute hazardous waste generated in the calendar month.
(b) Subtracting from each total any amounts of waste exempt from counting as described in subrules (4) and (5) of this rule.
(c) Determining separately the resulting generator categories for the quantities of acute hazardous waste, severely toxic hazardous waste, and non‑acute hazardous waste generated using table 1 of this rule.
(d) Comparing the resulting generator categories from subdivision (c) of this subrule and applying the more stringent generator category to the accumulation and management of both non-acute hazardous waste and acute or severely toxic hazardous waste generated for that month.
(4) When making the monthly quantity-based determinations required by this rule, the generator shall include all hazardous waste that it generates, except hazardous waste that meets 1 of the following:
(a) Is exempt from regulation under R 299.9204(3) to (10), R 299.9206(3), or R 299.9207(1).
(b) Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities.
(c) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under R 299.9206(1)(c).
(d) Is used oil managed under R 299.9206(4) and R 299.9809 to R 299.9816.
(e) Is spent lead-acid batteries managed under R 299.9804.
(f) Is universal waste managed under R 299.9228.
(g) Is a hazardous waste that is an unused commercial chemical product listed
in part 2 of these rules or exhibits 1 or more characteristics in R 299.9212,
that is generated solely because as a result of
a laboratory clean-out conducted at an eligible academic entity under R 299.9315.
(h) Is managed as part of an episodic event in compliance with R 299.9316.
(i) Is a hazardous waste pharmaceutical, that is subject to or managed in accordance with R 299.9824 to R 299.9833 or is a hazardous waste pharmaceutical that is also a Drug Enforcement Administration controlled substance and is conditionally exempt under R 299.9829.
(5) In determining the quantity of hazardous waste generated in a calendar month, a generator need not include any of the following:
(a) Hazardous waste when it is removed from on-site accumulation if the hazardous waste was previously counted once.
(b) Hazardous waste generated by onsite treatment, including reclamation, of the generator’s hazardous waste if the hazardous waste that is treated was previously counted once.
(c) Hazardous waste spent materials that are generated, reclaimed, and subsequently reused on-site if the spent materials have been previously counted once.
(6) Based on the generator category determined under this rule, the generator
shall meet all of the applicable independent requirements listed in R 299.9301.
A generator’s category also determines which provisions of R 299.9301 to R 299.9307
must be met to obtain an exemption from the licensing, interim status, and
operating requirements when accumulating hazardous waste.
(7) Hazardous wastes generated by a very small quantity generator may be mixed with wastes. Very small quantity generators may mix a portion or all its hazardous waste with waste and remain subject to R 299.9304 even though the resultant mixture exceeds the quantity limits identified in the definition of very small quantity generator, unless the mixture exhibits 1 or more of the characteristics of hazardous waste identified in R 299.9212. If the resulting mixture exhibits a characteristic of a hazardous waste, the resultant mixture is a newly generated hazardous waste. The very small quantity generator shall count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine if the total quantity exceeds the very small generator calendar month quantity limits identified in the definition of generator categories. If so, to remain exempt from the licensing, interim status, and operating standards, the very small quantity generator shall meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator shall meet the independent requirements for either a small quantity generator or a large quantity generator. If a very small quantity generator’s wastes are mixed with used oil, the mixture is subject to part 8 of these rules. Any material produced from a mixture by processing, blending, or other treatment is also regulated under part 8 of these rules.
(8) Hazardous wastes generated by a small quantity generator or large quantity generator may be mixed with waste. These mixtures are subject to the mixture rule in R 299.9203(1)(c), (2)(b) and (c), and (7); the prohibition of dilution rule in 40 CFR 268.3(a); the land disposal restriction requirements in 40 CFR 268.40 if a characteristic hazardous waste is mixed with a waste so that it no longer exhibits the hazardous characteristic; and the hazardous waste determination requirement in R 299.9302. If the resulting mixture is a hazardous waste, the resultant mixture is a newly generated hazardous waste. A small quantity generator shall count both the resultant mixture amount and the other hazardous waste generated in the calendar month to determine if the total quantity exceeds the small quantity generator calendar monthly quantity limits identified in the definition of generator categories. If so, to remain exempt from the licensing, interim status, and operating standards, the small quantity generator shall meet the conditions for exemption applicable to a large quantity generator. The small quantity generator shall also comply with the applicable independent requirements for a large quantity generator.
R 299.9304 Conditions for exemption for very small quantity generators.
Rule 304. (1) If a very
small quantity generator meets all of the conditions for exemption
listed in this rule, the hazardous waste generated by the very small quantity generator
is not subject to regulation under parts 3 to 10 of these rules, except R 299.9301
to R 299.9304, and the notification requirements of section 3010 of RCRA,
42 USC 6930, and the very small quantity generator may accumulate hazardous
waste on-site without complying with the requirements. The conditions
for exemption include all of the following:
(a) In a calendar month, the very small quantity generator generates less than or equal to the amounts specified in the definition of "very small quantity generator."
(b)
The very small quantity generator complies with R 299.9302(1)(a)- to
(d).
(c) If the very small quantity generator accumulates at any time greater than 1 kilogram of acute hazardous waste; 1 kilogram of severely toxic hazardous waste; or 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute or severely toxic hazardous waste listed, all quantities of that acute or severely toxic hazardous waste are subject to both of the following additional conditions for exemption:
(i) The waste is held on-site for no more than 90 days beginning on the date when the accumulated wastes exceed the amounts in this subdivision.
(ii) The conditions for exemption in R 299.9307.
(d) If the very small quantity generator accumulates at any time 1,000 kilograms
or greater of non‑acute hazardous waste, all quantities of that hazardous
waste are subject to all of the following additional conditions for
exemption:
(i) The waste is held on-site for no more than 180 days, or 270 days, if applicable, beginning on the date when the accumulated waste exceed the amounts in this subdivision.
(ii) The quantity of waste accumulated on-site never exceeds 6,000 kilograms.
(iii) The conditions for exemption in R 299.9306(1)(b) and (d) to (r), (3), and (4).
(e) A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits in subdivisions (c) and (d) of this subrule shall either treat or dispose of its hazardous waste in an on‑site facility or ensure delivery to an off-site treatment, storage, or disposal facility. If the facility is located in the United States, it shall comply with 1 of the following requirements:
(i) Be licensed under part
111 of the act, MCL 324.11101 to 324.11153, for that waste type or be
operating under R 299.9502(3), (4), or (5).
(ii) Be in another state and be authorized to manage hazardous waste by the state under a hazardous waste management program that is approved under 40 CFR part 271.
(iii) Be in another state and be permitted or licensed under 40 CFR part 270.
(iv) Be in another state and be in interim status under 40 CFR parts 270 and 265.
(v) Be a facility that
stores or treats the waste and that is in compliances with
the applicable requirements of parts 31, 55, and 115 of the act, MCL
324.3101 to 324.3134, 324.5501 to 324.5542, and 324.11501 to 324.11554.
(vi) Be a disposal
facility that is in compliances with the applicable
requirements of parts 31, 55, and 115 of the act, MCL 324.3101 to
324.3134, 324.5501 to 324.5542, and 324.11501 to 324.11554.
(vii) Be in another state and be permitted, licensed, or registered by that state to manage municipal waste that, if managed in a municipal waste landfill, is subject to 40 CFR part 258.
(viii) Be in another state and be permitted, licensed, or registered by that state to manage nonmunicipal waste that, if managed in a nonmunicipal waste disposal unit after the effective date of these rules, is subject to 40 CFR 257.5 to 257.30.
(ix) Be a facility that beneficially uses or reuses, or legitimately recycles or reclaims, the waste or treats the waste before the beneficial use or reuse or legitimate recycling or reclamation.
(x) Be an off‑site
publicly owned treatment works, if the waste is in compliances
with all federal, state, and local pretreatment requirements and, if the waste
is shipped by vehicle, the conditions of R 299.9503(3)(b) are met.
(xi) For universal waste managed under R 299.9228, be a universal waste handler or destination facility in compliance with R 299.9228.
(xii)
Be a large quantity generator under the control of the same person as the very
small quantity generator and meet all of the conditions below. As used
in this rule, "control" means the power to direct the policies of the
generator, whether by the ownership of stock, voting rights, or otherwise,
except that contractors whothat operate generator
facilities on behalf of a different person are not considered to
"control" the generators. The conditions include all of the
following:
(A) The very small quantity generator marks each container of hazardous waste with the words "Hazardous Waste."
(B) The very small quantity generator marks each container of hazardous
waste with a description of the waste or the hazardous waste number, and an indication
of the hazards of the contents. The indication of the hazards of the contents
may include the applicable hazardous waste characteristic or
characteristic(s), the hazard communication consistent with 49 CFR part 172,
subpart E or F, a hazard statement or pictogram consistent with 29 CFR 1910.1200,
or a chemical hazard label consistent with the NFPA standard no. 704.
(xiii) For airbag waste, be an airbag waste collection facility or a designated facility subject to the requirements of R 299.9204(13) to (15).
(xiv) A reverse distributor, if the hazardous waste pharmaceutical is a potentially creditable hazardous waste pharmaceutical generated by a healthcare facility.
(xv) A healthcare facility that meets the conditions of R 299.9825(13) and R 299.9826(2), as applicable, to accept non-creditable hazardous waste pharmaceuticals and potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator.
(f) The very small quantity generator accumulates waste in an area where the waste is protected from weather, fire, physical damage, and vandals.
(g) The hazardous waste accumulation is conducted so that hazardous waste or
hazardous waste constituents cannot escape by gravity into the soils, directly
or indirectly, into surface or groundwaters, or into drains or sewers and so
that fugitive emissions are not in violation of part 55 of the act, MCL
324.5501 to 324.5542.
(2) The placement of bulk or noncontainerized liquid hazardous waste or
hazardous waste containing free liquids, whether or notif sorbents
have been added, in any landfill is prohibited.
(3) A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with R 299.9316 instead of R 299.9305 to R 299.9307.
R 299.9305 Satellite accumulation area requirements for small and large quantity
generators.
Rule 305. (1) A generator
may accumulate as much as 55 gallons of non‑acute hazardous waste or
either 1 quart of liquid acute hazardous waste or severely toxic hazardous
waste or 1 kilogram of solid acute hazardous waste or severely toxic waste
in containers at or near any point of generation where wastes initially
accumulate and that is under the control of the operator of the process that
generates the waste, without an operating license issued under part 111 of the
act, MCL 324.11101 to 324.11153, and without complying with parts 5 to 8
of these rules, if all of the conditions for exemption in this rule are
met. A generator may comply with the conditions for exemption in this rule instead
of complying with the conditions for exemption in R 299.9306(1)(b) to (r)
or R 299.9307(1), except as required in this subrule and subrule (2) of
this rule. The conditions for exemption for satellite accumulation include all
of the following requirements:
(a) If a container holding hazardous waste is not in good condition, or if it begins to leak, the generator shall immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak, or immediately transfer and manage the waste in a central accumulation area operated in compliance with R 299.9306(1)(b) to (r) or R 299.9307(1).
(b) The generator shall use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.
(c)
All of the following special standards for incompatible wastes:
(i) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same container unless the requirements of 40 CFR 265.17(b) are met.
(ii) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material unless the requirements of 40 CFR 265.17(b) are met.
(iii) A container holding a hazardous waste that is incompatible with any waste or other materials accumulated nearby in other containers must be separated from the other materials or protected from them by any practical means.
(d) A container holding hazardous waste must be closed at all times during accumulation, except to add, remove, or consolidate waste or when temporary venting of a container is necessary for the proper operating of equipment or to prevent dangerous situations, such as build-up of extreme pressure.
(e) A generator shall mark or label its container with both the following:
(i) The words "Hazardous Waste."
(ii)
A description of the waste or the hazardous waste number, and an
indication of the hazards of the contents. The indication of the hazards of
the contents may include the applicable hazardous waste characteristic or characteristic(s), the hazard communication consistent
with 49 CFR part 172, subpart E or F, a hazard statement or
pictogram consistent with 29 CFR 1910.1200, or a chemical hazard
label consistent with the NFPA standard no. 704.
(2)
A generator whothat accumulates either non-acute hazardous waste, acute
hazardous waste, or severely toxic hazardous waste in excess of the amounts
listed in subrule (1) of this rule at or near any point of generation shall do 1
or more of the following with respect to that amount of excess waste:
(a) Comply with the applicable central accumulation area requirements in R 299.9306(1)(b) to (r) or R 299.9307(1) within 3 consecutive calendar days.
(b) Remove the excess waste from the satellite accumulation area within 3 consecutive calendar days to 1 or more of the following:
(i) A central accumulation area operated in accordance with the applicable requirements of R 299.9306(1)(b) to (r) or R 299.9307(1).
(ii) An on-site interim status or licensed treatment, storage, or disposal facility.
(iii) An off-site designated facility.
(c) During the 3-consecutive-calendar-day period, continue to comply with subrules (1)(a) to (c) of this rule. The generator shall mark or label each container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.
(3) All satellite accumulation areas operated by a small quantity generator mustshall meet the provisions of R 299.9306(1)(f) to (r).
(4) All satellite accumulation areas operated by a large quantity generator mustshall meet the provisions of 40 CFR part 262, subpart
M.
(5) 40 CFR part 262, subpart M is adopted by reference in R 299.11003.
R 299.9306 Conditions for exemption for small quantity generators that accumulate hazardous waste.
Rule 306. (1) A
small quantity generator may accumulate hazardous waste on-site without
an operating license issued under part 111 of the act, MCL 324.11101 to 324.11153,
and without complying with parts 5 to 8 of these rules or the notification
requirements of section 3010 of RCRA, 45 USC 6930, if all of the
following conditions are met:
(a) The small quantity generator generates in a calendar month no more than the amounts specified in the definition of "small quantity generator."
(b) The small quantity generator accumulates hazardous waste on-site for no
more than 180 days, unless the small quantity generator is in compliances with the
conditions for longer accumulation in subrules (3) and (4) of this rule.
(c) The quantity of hazardous waste accumulated on-site never exceeds 6,000 kilograms.
(d) The hazardous waste is managed under 1 or more of the following methods:
(i)
In containers and the small quantity generator complies with the containment
requirements of 40 CFR 264.175 if the quantity of waste accumulated on-site
exceeds 1,000 kilograms, and with all of the
following:
(A) If a container holding hazardous waste is not in good condition, or if it begins to leak, the small quantity generator shall immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak, or immediately manage the waste in some other way that complies with the conditions for exemption of this rule.
(B) Use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.
(C) Containers holding hazardous waste must be closed at all times during accumulation, except when it is necessary to add or remove waste.
(D) Containers holding hazardous waste must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.
(E) at leastNot less than weekly, inspect central
accumulation areas looking for leaking containers and for deterioration of
containers caused by corrosion or other factors.
(F) All of the following special standards for incompatible wastes:
(I) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same container unless the requirements of 40 CFR 265.17(b) are met.
(II) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material unless the requirements of 40 CFR 265.17(b) are met.
(III) A container accumulating hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
(G) Mark or label each container with all of the following:
(I) The words "Hazardous Waste."
(II) A description of the waste or the hazardous waste number, and an
indication of the hazards of the contents. The indication of the hazards of
the contents may include the applicable hazardous waste characteristic or characteristic(s), the hazard communication consistent
with 49 CFR part 172, subpart E or F, a hazard statement or
pictogram consistent with 29 CFR 1910.1200, or a chemical hazard
label consistent with the NFPA standard no. 704.
(III) The date upon whichwhen each period of accumulation begins clearly visible
for inspection on each container.
(ii) In tanks and the small quantity generator complies with all of the
following:
(A) Treatment or accumulation of hazardous waste in tanks must comply with 40 CFR 265.17(b).
(B) Hazardous wastes or treatment reagents must not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life.
(C)
Uncovered tanks must be operated to ensure at leastnot less than least
60 centimeters of freeboard, unless the tank is equipped with a containment
structure like a dike or trench, a drainage control system, or a diversion
structure like a standby tank with a capacity that equals or exceeds the volume
of the top 60 centimeters of the tank.
(D) If hazardous waste is continuously fed into a tank, the tank must be equipped with a means to stop this inflow.
(E) Except as noted in subparagraph (F) of this paragraph, a small quantity generator that accumulates hazardous waste in tanks must inspect, where present, all the following:
(I) Discharge control equipment at leastnot less than once each
operating day, to ensure that it is in good working order.
(II) Data gathered from monitoring equipment at leastnot less than
once each operating day to ensure that the tank is being operated according to
its design.
(III) The level of waste in the tank at leastnot less than once
each operating day to ensure compliance with subparagraph (C) of this paragraph.
(IV) The construction materials of the tank at leastnot less than
weekly to detect corrosion or leaking of fixtures or seams.
(V) The construction materials of, and the area immediately surrounding,
discharge confinement structures at leastnot less than weekly to
detect erosion or obvious signs of leakage. The small quantity generator shall
remedy any deterioration or malfunction of equipment or structures that the
inspection reveals on a schedule that ensures that the problem does not lead to
an environmental or human health hazard. If a hazard is imminent or has
already occurred, remedial action must be taken immediately.
(F) A small quantity generator accumulating hazardous waste in tanks or tank
systems that have full secondary containment and that either use leak detection
equipment to alert personnel to leaks, or implement established workplace
practices to ensure leaks are promptly identified, shall inspect at leastnot
less than weekly, where applicable, the areas identified in subparagraph (E)(I)
to (V) of this paragraph. Use of the alternate inspection schedule must be
documented in the small quantity generator’s operating record. This
documentation must include a description of the established workplace practices
at the small quantity generator.
(G) Upon closure of the small quantity generator’s site, that small quantity generator shall remove all hazardous waste from tanks, discharge control equipment, and discharge confinement structures. At closure, as throughout the operating period, unless the small quantity generator can demonstrate, in accordance with R 299.9203(3) or (5), that any waste removed from its tank is not a hazardous waste, it shall manage the waste in accordance with all applicable provisions of parts 3, 4, and 6 of these rules.
(H) Ignitable or reactive waste must not be placed in a tank, unless 1 or more of the following occurs:
(I) The waste is treated, rendered, or mixed before or immediately after placement in a tank so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under R 299.9212 and 40 CFR 265.17(b) is met.
(II) The waste is accumulated or treated in a way that it is protected from any material or conditions that may cause the waste to ignite or react.
(III) The tank is used solely for emergencies.
(I) A small quantity generator that treats or accumulates ignitable or
reactive waste in covered tanks shall comply with the buffer zone requirements
for tanks contained in Ttables 2-1 to 2-6 of the NFPA standard no.
30.
(J) The following special conditions for incompatible wastes:
(I) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same tank, unless the requirements of 40 CFR 265.17(b) are met.
(II) Hazardous waste must not be placed in an unwashed tank that previously
held an incompatible waste or material, unless the requirements of
40 CFR 265.17(b) are met.
(K) Mark or label each tank with all of the following:
(I) The words "Hazardous Waste."
(II) A description of the waste or the hazardous waste number, and an
indication of the hazards of the contents. The indication of the hazards of
the contents may include the applicable hazardous waste characteristic or characteristic(s), the hazard communication consistent
with 49 CFR part 172, subpart E or F, a hazard statement or
pictogram consistent with 29 CFR 1910.1200, or a chemical hazard
label consistent with the NFPA standard no. 704.
(L)
Use inventory logs, monitoring equipment, or other records to demonstrate that
hazardous waste has been emptied within 180 days of first entering the tank if
using a batch process, or in the case of a tank with a continuous flow process,
demonstrate that estimated volumes of hazardous waste entering the tank daily
exit the tank within 180 days of first entering. The inventory logs or
records must be keptmaintained onsite and readily available for inspection.
(iii) Place the hazardous waste on a drip pad and comply with all of the
following:
(A) 40 CFR part 265, subpart W, except 265.445(c).
(B) The small quantity generator mustshall remove
all wastes from the drip pad at leastnot less than once every 90 days.
Any hazardous wastes that are removed from the drip pad at leastnot
less than once every 90 days are then subject to the 180-day accumulation
limit in subdivision (b) of this subrule and R 299.9305 if hazardous
wastes are being managed in satellite accumulation areas before being moved to
the central accumulation area.
(C) The small quantity generator mustshall maintain
on-site the following records readily available for inspection:
(I) A written description of procedures that will be followed to ensure
that all wastes are removed from the drip pad and associated collection system at
leastnot less than once every 90 days.
(II) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.
(e) The applicable requirements of 40 CFR part 268.
(f) The small quantity generator shall maintain and operate the small quantity generator site in a manner that minimizes the possibility of a fire, explosion, or any unplanned sudden or non‑sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment.
(g) All areas where hazardous waste is either generated or accumulated must be equipped with all the items specified in this subdivision, unless none of the hazards posed by waste handled at the small quantity generator’s site could require a particular kind of specified equipment or the actual waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of specified equipment. A small quantity generator shall determine the most appropriate locations to locate specified equipment necessary to prepare for and respond to emergencies, including all the following:
(i) An internal communications or alarm system capable of providing immediate emergency instruction, voice or signal, to small quantity generator site personnel.
(ii) A device, such as a telephone immediately available at the scene of operations or a hand‑held two‑way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams.
(iii)
Portable fire extinguishers,; fire control equipment, including special
extinguishing equipment, such as that useing foam, inert gas, or dry chemicals,; spill
control equipment,; and decontamination equipment.
(iv) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
(h)
All communications or alarm systems, fire protection equipment, spill control
equipment, and decontamination equipment, where required, must be tested and
maintained as necessary to asensure its proper operation in time of emergency.
(i) When hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate, unimpeded access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the device is not required under subdivision (g) of this subrule.
(j) If there is just 1 employee on the premises while the small quantity generator’s
site is operating, the employee shall have immediate unimpeded access to a
device, such as a telephone that is (immediately available at the scene of
operation) or a hand‑held two-way radio, capable of summoning
external emergency assistance, unless the a device is not
required under subdivision (g) of this subrule.
(k) The small quantity generator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of small quantity generator’s site operation in an emergency, unless aisle space is not needed for any of these purposes.
(l) The small quantity generator shall attempt to make arrangements with the
local police department, fire department, other emergency response teams,
emergency response contractors, equipment suppliers and local hospitals, taking
into account the types and quantities of hazardous wastes handled at the small
quantity generator’s site. Arrangements may be made with the local emergency planning
committee, if it is determined to be the appropriate organization with
which to make arrangements. As part of this coordination, the small quantity generator
shall attempt to familiarize these organizations with the layout of the small
quantity generator’s site, the properties of hazardous waste handled at the
small quantity generator’s site and associated hazards, places where personnel
would normally be working, entrances to roads inside the small quantity generator’s
site, and possible evacuation routes as well as the types of injuries or
illnesses that could result from fires, explosions, or releases at the small
quantity generator’s site. If more than 1 police or fire department might
respond to an emergency, the small quantity generator shall attempt to make arrangements
designating primary emergency authority to a specific fire or police
department, and arrangements with any others to provide support to the primary
emergency authority. The small quantity generator shall maintain records
documenting the arrangements with the local fire department as well as any other
organizations necessary to respond to an emergency. This
documentation must include documentation in the operating record that either
confirms the arrangements actively exist or, if no arrangements exist, confirms
that attempts to make the arrangements were made. A small quantity generator
possessing 24-hour response capabilities may seek a waiver from the authority
having jurisdiction over the fire code within the small quantity generator’s
state or locality as far as needing to make arrangements with the local fire
department as well as any other organizations necessary
to respond to an emergency, if the waiver is documented in the operating
record.
(m)
The small quantity generator shall ensure that, at all times, there is at
leastnot less than 1 employee either on the premises or on call with
the responsibility for coordinating all emergency response measures specified
in subdivision (p) of this subrule. This employee is the emergency coordinator
and, if on call, shall be available to respond to an emergency by reaching the small
quantity generator’s site within a short period of time.
(n) The small quantity generator shall post next to telephones or in areas directly involved in the generation and accumulation of hazardous waste the name and emergency telephone number of the emergency coordinator; the location of fire extinguishers and spill control material, and, if present, fire alarm; and the telephone number of the fire department, unless the small quantity generator’s site has a direct alarm.
(o) The small quantity generator shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal site operations and emergencies.
(p) The emergency coordinator or the
emergency coordinator’s his or her designee shall respond to any emergencies that arise.
The applicable responses are as follows:
(i) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher.
(ii) In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil. The containment and cleanup may be conducted either by the small quantity generator or by a contractor on behalf of the small quantity generator.
(iii)
In the event of a fire, explosion, or other release of hazardous waste or
hazardous waste constituents that could threaten human health or the
environment or if the small quantity generator has knowledge that a spill has
reached surface water or groundwater, the small quantity generator shall also immediately
notify the department’s pollution emergency alerting system – telephone number
800‑292-4706. For releases that could threaten human health outside the small
quantity generator’s site or if the small quantity generator has knowledge that
a spill has reached surface water, the small quantity generator shall immediately
notify the national response center at its 24‑hour toll free number - 800‑424‑8802.
The notifications must include all of the following information:
(A) The name and telephone number of the person who is reporting the incident.
(B) The name, address, telephone number, and site identification number of the small quantity generator.
(C) The date, time, and type of incident.
(D) The name and quantity of the material or materials involved and released.
(E) The extent of injuries, if any.
(F) The estimated quantity and disposition of recovered materials that resulted from the incident, if any.
(G) An assessment of actual or potential hazards to human health or the environment.
(H) The immediate response action taken.
(q) The small quantity generator ensures that the area where the waste is accumulated is protected from weather, fire, physical damage, and vandals.
(r) The small quantity
generator ensures that hazardous waste accumulation is conducted so hazardous
waste or hazardous waste constituents cannot escape by gravity into the soil,
directly or indirectly, into surface or groundwaters, or into drains or sewers
and so that fugitive emissions are not in violation of part 55 of the
act, MCL 324.5501 to 324.5542.
(2) A small quantity
generator whothat shall transports its waste,
or offers its waste for transportation, over a distance of 200
miles or more for off-site treatment, storage, or disposal may accumulate
hazardous waste on-site for 270 days or less without an operating
license or without being an existing facility under to R 299.9502, if he
or shethe small quantity generator complies with subrule (1)(b) to (r) of this
rule.
(3) A small quantity generator who accumulates hazardous waste for more
than 180 days, or 270 days as allowed for in subrule (2) of this rule, is
an operator of a storage facility and is subject to the requirements of parts 5
to 7 of these rules unless the small quantity generator has been granted an
extension to the 180‑day or, if applicable 270-day, period. The director
or the director’s his or her
designee may grant an extension if hazardous wastes mustshall remain on-site for longer than 180 days or 270 days,
if applicable, due to unforeseen, temporary, and uncontrollable circumstances. The
director or the director’s his or her designee
may grant an extension of up to 30 days on a case‑by-case basis.
(4) A small quantity generator whothat sends a shipment of hazardous waste to a designated
facility with the understanding that the designated facility can accept and
manage the waste and later receives that shipment back as a rejected load or
residue in accordance with the manifest discrepancy provisions of R 299.9608
may accumulate the returned waste on-site in accordance with subrule (1) to (3) of this rule.
Upon receipt of the returned shipment, the small quantity generator mustshall do the following:
(a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.
(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
(5) A small quantity generator experiencing an episodic event may accumulate hazardous waste in accordance with R 299.9316 instead of R 299.9307.
R 299.9307 Conditions for exemption for large quantity generators that accumulate hazardous waste.
Rule 307. (1) A large
quantity generator may accumulate hazardous waste on-site without an
operating license issued under part 111 of the act, MCL 324.11101 to
324.11153, and without complying with the requirements of parts 5 to 8 of
these rules or the notification requirements of section 3010 of RCRA, 42 USC
6930, if all of the following conditions for exemption are met:
(a) The large quantity generator accumulates
hazardous waste on-site for no more than 90 days, unless the large
quantity generator is in compliances with the
accumulation time extension or F006 accumulation conditions for exemption in
subrules (2) to (5) of this rule.
(b) The hazardous waste is managed under either of the following methods:
(i) In containers and the large quantity generator complies with all of
the following:
(A) The containment requirements of 40 CFR 264.175 and the applicable requirements of 40 CFR part 265, subparts AA, BB, and CC.
(B) If a container holding hazardous waste is not in good condition, or if it begins to leak, the large quantity generator shall immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak, or immediately manage the waste in some other way that complies with the conditions for exemption of this rule.
(C) Use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.
(D) Containers holding hazardous waste must be closed at all times during accumulation, except when it is necessary to add or remove waste.
(E) Containers holding hazardous waste must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.
(F) At leastNot less than weekly, inspect central
accumulation areas looking for leaking containers and for deterioration of
containers caused by corrosion or other factors.
(G) Both of the following special conditions for ignitable or reactive wastes:
(I) Containers holding ignitable or reactive waste must be located at leastnot
less than 15 meters, (50 feet), from the large
quantity generator’s property line unless a written approval is obtained from
the authority having jurisdiction over the local fire code allowing hazardous
waste accumulation to occur within this restricted area. A record of the
written approval must be maintained on-site as long as ignitable or reactive hazardous waste
is accumulated in this area.
(II) The large quantity generator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including, but not limited to, the following: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks, spontaneous ignition, and radiant heat. While ignitable or reactive waste is being handled, the large quantity generator shall confine smoking and open flame to specially designated locations. "No smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
(H) All of the following special standards for incompatible wastes:
(I) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same container unless the requirements of 40 CFR 265.17(b) are met.
(II) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material unless the requirements of 40 CFR 265.17(b) are met.
(III) A container holding hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
(I) Mark or label each container with all of the following:
(I) The words "Hazardous Waste."
(II) A description of the waste or the hazardous waste number, and an
indication of the hazards of the contents. The indication of the hazards of
the contents may include the applicable hazardous waste characteristics or characteristic(s),
the hazard communication consistent with 49 CFR part 172,
subpart E or F, a hazard statement or pictogram consistent with 29 CFR 1910.1200,
or a chemical hazard label consistent with the NFPA standard no. 704.
(III) The date upon whichwhen each period of accumulation begins clearly visible
for inspection on each container.
(ii) In tanks and the generator
complies with the applicable requirements of 40 CFR part 265, subparts
J, AA, BB, and CC, except 265.197(c) and 265.200, and R 299.9615, except
for R 299.9615(1). For the purposes of this rule, the references
in R 299.9615 to 40 CFR part 264 are replaced by references to
40 CFR part 265.
(A) Mark or label each tank with all of
the following:
(I) The words "Hazardous Waste."
(II) A description of the waste or the hazardous waste number, and an
indication of the hazards of the contents. The indication of the hazards of
the contents may include the applicable hazardous waste characteristics or characteristic(s),
the hazard communication consistent with 49 CFR part 172,
subpart E or F, a hazard statement or pictogram consistent with 29 CFR 1910.1200,
or a chemical hazard label consistent with the NFPA standard no. 704.
(B) Use inventory logs, monitoring equipment, or other records to demonstrate
that hazardous waste has been emptied within 90 days of first entering the tank
if using a batch process, or in the case of a tank with a continuous flow
process, demonstrate that estimated volumes of hazardous waste entering the
tank daily exit the tank within 90 days of first entering. The inventory
logs or records must be keptmaintained onsite and readily available for inspection.
(iii)
On drip pads and the large quantity generator shall compliesy
with all of the following:
(A) 40 CFR part 265, subpart W.
(B) The large quantity generator shall remove all wastes from the drip pad at
leastnot less than once every 90 days. Any hazardous wastes
that are removed from the drip pad at leastnot less than once
every 90 days are then subject to the 90-day accumulation limit in subdivision (a)
of this subrule and R 299.9305 if hazardous wastes are being managed in
satellite accumulation areas before being moved to the central accumulation
area.
(C) The large quantity generator shall maintain on-site the following records readily available for inspection:
(I) A written description of procedures that will be followed to ensure
that all wastes are removed from the drip pad and associated collection system at
leastnot less than once every 90 days.
(II) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.
(c)
The large quantity generator complies with the requirements of 40 CFR part 262,
subpart M. In the event of a fire, explosion, or other release of
hazardous waste or hazardous waste constituents that could threaten human
health or the environment or if the large quantity generator has knowledge that
a spill has reached surface water or groundwater, the large quantity generator
shall also immediately notify the department’s pollution emergency alerting
system - telephone number 800‑292-4706. The notifications must include
all of the following information:
(i)
The name and telephone number of the individualperson who
is reporting the incident.
(ii) The name, address, telephone number, and site identification number of the large quantity generator.
(iii) The date, time, and type of incident.
(iv) The name and quantity of the material or materials involved and released.
(v) The extent of injuries, if any.
(vi) The estimated quantity and disposition of recovered materials that resulted from the incident, if any.
(vii) An assessment of actual or potential hazards to human health or the environment.
(viii) The immediate response action taken.
(d) The large quantity generator shall ensure that the area where the waste is accumulated is protected from weather, fire, physical damage, and vandals.
(e) The large quantity generator
shall ensure that hazardous waste accumulation is conducted so hazardous waste
or hazardous waste constituents cannot escape by gravity into the soil,
directly or indirectly, into surface or groundwaters, or into drains or sewers
and so that fugitive emissions are not in violation of part 55 of the act,
MCL 324.5501 to 324.5542.
(f) Personnel shall successfully complete a program of classroom instruction,
online training, or on‑the‑job training that teaches them to
perform their duties in a way that ensures compliance with these rules. The large
quantity generator shall ensure that this program includes all of the
elements described in the document required under subdivision (i) of this
subrule. This program must be directed by a person trained in hazardous waste
management procedures and include instruction whichthat teaches
personnel hazardous waste management procedures, including contingency plan
implementation, relevant to the positions in which they are employed. At a
minimum, the training program must be designed to ensure that personnel are
able to respond effectively to emergencies by familiarizing them with emergency
procedures, emergency equipment, and emergency systems, including, where
applicable, all the following:
(i) Procedures for using, inspecting, repairing, and replacing emergency and monitoring equipment.
(ii) Key parameters for automatic waste feed cut-off systems.
(iii) Communications or alarm systems.
(iv) Response to fires or explosions.
(v) Response to groundwater contamination incidents.
(vi) Shutdown of operations.
(g) For employees that receive emergency response training under 29 CFR 1910.120(p)(8)
and 1910.120(q), the large quantity generator is not required to provide
separate emergency response training under this rule if that the overall
training meets all of the conditions of exemption in this rule.
(h) Personnel shall successfully complete the program required in subdivision (f) of this subrule within 6 months after the date of their employment or assignment to the large quantity generator’s site, or to a new position at the site, whichever is later. Employees shall not work in unsupervised positions until they have completed the training standards of subdivision (f) of this subrule. Personnel shall also take part in an annual review of the initial training required in subrule (f) of this subrule.
(i)
The large quantity generator mustshall maintain all of
the following documents and records
on‑site:
(i) The job title for each position at the site related to hazardous waste management, and the name of the employee filling each job.
(ii) A written job description for each position listed under paragraph (i) of this subdivision. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of personnel assigned to each position.
(iii) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (i) of this subdivision.
(iv) Records that document that the training or job experience, required under subdivisions (f) to (h) of this subrule, has been given to, and completed by, personnel.
(j) Training records on current personnel must be keptmaintained until
closure of the large quantity generator’s site. Training records on former
employees must be keptmaintained for at leastnot less than 3 years from
the date the employee last worked at the large quantity generator’s site. Personnel
training records may accompany personnel transferred within the same company.
(k)
A large quantity generator accumulating hazardous wastes in containers, tanks, or
drip pads must, before closing an individual waste accumulation unit or all of the units,
meet the following conditions:*
(i) If closing an individual unit, perform 1 of the following:
(A) Place a notice in the operating record within 30 days after closure identifying the location of the unit.
(B) Meet the closure performance standards of paragraph (iii) of this subdivision for containers or tanks or paragraph (iv) of this subdivision for drip pads and notify the director following the procedures in paragraph (ii)(B) of this subdivision. If the unit is subsequently reopened, the large quantity generator may remove the notice from the operating record.
(ii)
If closing all of the units, comply with all of the following:
(A) Notify the director using Michigan site identification form EQP5150 no later than 30 days before closing the large quantity generator’s site.
(B) Notify the director using the Michigan site identification form EQP5150
within 90 days after closing all of
the units that it has met the closure
performance standards of subdivisions (iii) or (iv) of this subrule. If the large
quantity generator cannot meet these closure performance standards, notify the
director using Michigan site identification form EQP5150 that it will close as
a landfill under 40 CFR 265.310 in the case of a container or tank
unit or 40 CFR 265.445(b) in the case of drip pads.
(C) If additional time is needed to clean close all of the
units, notify the director using Michigan site identification form EQP5150
within 75 days after the date provided in subparagraph (A) of this
paragraph to request an extension and provide an explanation as to why the
additional time is required.
(iii) At closure, close each unit in a manner that does all of the
following:
(A) Minimizes the need for further maintenance by controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, the postclosure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere.
(B) Removes or decontaminates all contaminated equipment, structures, and soil and any remaining hazardous waste residues from the unit including containment system components, contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless R 299.9203(5) applies.
(C) Any hazardous waste generated in
the process of closing the unit must be managed in accordance with all
applicable standards of parts 3 to 7, including removing any hazardous waste
contained in the unit within 90 days of generating it and managing these wastes
in a facility licensed under part 111 of the act, MCL 324.11101 to
324.11153, or under an interim status or permitted facility under subtitle
C of RCRA, 42 USC 6921 to 6939g, or a state program authorized thereunder.
(D) If the large quantity generator
demonstrates that any contaminated soils and wastes cannot be practicably
removed or decontaminated as required in subparagraph (B) of this paragraph,
then the unit is considered a landfill. For the purposes of closure,
postclosure, and financial responsibility, the large quantity generator shall close
the unit and perform postclosure care in accordance with 40 CFR 265.310
and comply with the requirements for landfills specified in 40 CFR part
265, subparts G and H.
(iv) At closure, the large quantity generator shall comply with the closure requirements of paragraphs (ii) and (iii)(A) and (C) of this subdivision and 40 CFR 265.445(a) and (b).
(v) The closure requirements of this subdivision do not apply to satellite accumulation areas.
(l) The applicable provisions of 40 CFR part 268.
(2) A large quantity generator whothat accumulates hazardous waste for more than 90 days is
an operator of a storage facility and is subject to the requirements of parts 5
to 8 of these rules and the notification requirements of section 3010 of RCRA, 42
USC 6930, unless it has been granted an extension to the 90‑day period. The
director or his or herthe
director’s designee may grant an
extension if hazardous wastes must remain on-site for longer than 90 days,
if applicable, due to unforeseen, temporary, and uncontrollable circumstances.
The director or his or herthe
director’s designee may grant an
extension of up to 30 days on a case‑by‑case basis.
(3) A large quantity generator whothat also
generates wastewater treatment sludges from electroplating operations that meet
the listing description for the hazardous waste number F006, may accumulate
F006 waste on-site for more than 90 days, but not more than 180 days
without being subject to parts 5 to 8 of these rules and the notification
requirements of section 3010 of RCRA, 42 USC 6930, if the large quantity generator
complies with all of the following additional conditions for exemption:
(a) The large quantity generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants, or contaminants entering F006 waste or otherwise released to the environment before its recycling.
(b) The F006 waste is legitimately recycled through metals recovery.
(c) No more than 20,000 kilograms of F006 waste is accumulated on-site at any 1 time.
(d) The F006 waste is managed in accordance with the following:
(i) The F006 waste is placed in either of the following:
(A) In containers and the large quantity generator complies with the applicable conditions for exemption in R 299.9307(1)(b)(i).
(B) Is placed in tanks and the large quantity generator complies with the applicable conditions for exemption in R 299.9307(1)(b)(ii).
(ii)
The date upon whichwhen each period of accumulation begins is clearly marked
and visible for inspection on each container.
(iii) While being accumulated on-site, each container and tank is labeled or marked clearly with both of the following:
(A) The words "Hazardous Waste."
(B) A description of the waste or the hazardous waste number, and an
indication of the hazards of the contents. The indication of the hazards of
the contents may include the applicable hazardous waste characteristic or characteristic(s), the hazard communication consistent
with 49 CFR part 172, subpart E or F, a hazard statement or
pictogram consistent with 29 CFR 1910.1200, or a chemical hazard
label consistent with the NFPA standard no. 704.
(iv) The large quantity generator complies with the requirements in subdivisions (c) to (k) of subrule (1) of this rule.
(4) A large quantity generator whothat also
generates wastewater treatment sludges from electroplating operations that meet
the listing description for hazardous waste number F006, and whothat must
transport this waste, or offer this waste for transportation, over a distance
of 200 miles or more for off‑site metals recovery, may accumulate
F006 waste on-site for more than 90 days, but not more than 270 days
without being subject to parts 5 to 8 of these rules and the notification
requirements of section 3010 of RCRA, 42 USC 6930, if the large quantity generator
complies with all of the conditions for exemption of subrule (3) of this
rule.
(5) A large quantity generator accumulating F006 waste in accordance
with subrules (3) and (4) of this rule whothat
accumulates F006 waste on-site for more than 180 days, or for more than 270
days if the large quantity generator must transport this waste, or offer this
waste for transportation, over a distance of 200 miles or more, or whothat
accumulates more than 20,000 kilograms of F006 waste on‑site
is an operator of a storage facility and is subject to the requirements of parts
5 to 7 of these rules and the notification requirements of section 3010 of
RCRA, 42 USC 6930, unless the large quantity generator has been granted an
extension to the 180‑day, or 270‑day if applicable, period or an
exception to the 20,000 kilogram accumulation limit. Extensions and exceptions
may be granted by the director if F006 waste must remain on-site for
longer than 180 days, or 270 days if applicable, or if more than 20,000 kilograms
of F006 waste must remain on-site due to unforeseen, temporary, and uncontrollable
circumstances. An extension of up to 30 days or an exception to the
accumulation limit may be granted at the discretion of the director on a case‑by‑case‑basis.
(6) A large quantity generator may accumulate on-site
hazardous waste received from very small quantity generators under control of
the same person, without an operating license or complying with the
requirements of parts 5 to 8 of these rules and the notification requirements
of section 3010 of RCRA, 42 USC 6930, if the large quantity generator complies
with all of the following conditions. As used in this rule,
"control" means the power to direct the policies of the generator,
whether by the ownership of stock, voting rights, or otherwise, except that
contractors who operate generator facilities on behalf of a different person are
not considered to "control" the generators.
(a) The large quantity
generator notifies the department at leastnot less than 30 days before
receiving the first shipment from a very small quantity generator using Michigan
site identification form EQP5150. The large quantity generator shall identify
on the form the name, site address, and contact person name and business
telephone number for each very small quantity generator. The large quantity
generator shall also submit an updated Michigan site identification form
EQP5150 within 30 days after a change in the name or site address for the
very small quantity generator.
(b) The large quantity generator maintains records of shipments for 3 years from the date the hazardous waste was received from the very small quantity generator. These records must identify the name, site address, and contact information for the very small quantity generator and include a description of the hazardous waste received, including the quantity and the date the waste was received.
(c) The large quantity generator complies with the independent requirements identified in R 299.9301(1)(c) and the conditions for exemption in this rule for all hazardous waste received from a very small quantity generator. For purposes of the labeling and marking regulations in subrule (1)(b) of this rule, the large quantity generator shall label the container or unit with the date accumulation started, the date the hazardous waste was received from the very small quantity generator. If the large quantity generator is consolidating incoming hazardous waste from a very small quantity generator with either its own hazardous waste or with hazardous waste from other very small quantity generators, the large quantity generator shall label each container or unit with the earliest date any hazardous waste in the container was accumulated on-site.
(7) A large quantity generator whothat sends a shipment of hazardous waste to a designated
facility with the understanding that the designated facility can accept and
manage the waste, and later receives that shipment back as a rejected load or
residue in accordance with the manifest discrepancy provisions of R 299.9608,
may accumulate the returned waste on-site in accordance with subrules (1) and (2) of this
rule. Upon receipt of the returned shipment, the large quantity generator mustshall do 1 of the following:
(a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.
(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
R 299.9308 Site identification numbers for small and large quantity generators.
Rule 308. (1) A small quantity or large quantity generator shall not treat or store, dispose of, or transport or offer for transportation, hazardous waste without having received a site identification number from the regional administrator or the regional administrator's designee.
(2) A small quantity or large quantity generator who has not received a site identification number may obtain one by applying to the regional administrator or the regional administrator's designee. Upon receiving the request, the administrator shall assign a site identification number to the generator.
(3) A small quantity or
large quantity generator shall not offer his or hertheir
hazardous waste to transporters or to treatment, storage, or disposal
facilities that have not received a site identification number.
(4) Applications for site identification numbers must be made on Michigan site identification form EQP5150 and signed under 40 CFR 270.11(a)(1) to (3).
(5) A small quantity generator
shall re-notify the regional administrator or the regional administrator’s
designee starting in 2021 and every 4 years thereafterafterwards.
This re-notification must be submitted by September 1 of each year in which the
re‑notifications are required.
(6) A large quantity generator shall re-notify the regional administrator or
the regional administrator’s designee by March 1 of each even-numbered year thereafterafterwards.
A large quantity generator may submit this re-notification as part of its
biennial report required under R 299.9312.
(7) A recognized trader shall not arrange for import or export of hazardous waste without having received a site identification number from the regional administrator or the regional administrator’s designee.
R 299.9309 Manifest requirements applicable to small and large quantity generators.
Rule
309. (1) A small quantity or large quantity generator whothat
transports, or offers for transport, a hazardous waste for off‑site
treatment, storage, or disposal, or a treatment, storage, or disposal facility whothat
offers for transport a rejected hazardous waste load, shall do all of the
following for both domestic and international shipments:
(a) Prepare a
manifest, (OMB
Control number 2050-0039), on EPA Form 8700-22, and if necessary,
EPA Form 8700-22A.
(b) Use a manifest in
accordance with 40 CFR 262.20 to 262.23, and 262.27, and the instructions
in the appendix to 40 CFR part 262 before transporting the
waste offsite.
(c) Instead of using a paper manifest as specified in subdivisions (a) and (b) of this subrule, prepare and use an electronic manifest in accordance with 40 CFR 3.10 and 262.24.
(d) Use a
transporter or be a transporter, if a generator transports theirhis
or her own hazardous waste, whothat
is registered and permitted under act 138 under and
part 4 of these rules.
(2) The electronic signature methods for the e-manifest system must be methods that are designed and implemented in a manner that the EPA considers to be as cost‑effective and practical as possible for the user of the manifest. An electronic signature must be a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures.
(3) The requirements of this rule do not apply to hazardous waste that is produced by a small quantity generator if both of the following requirements are met:
(a) The waste is reclaimed under a contractual agreement that specifies the type of waste and frequency of shipments and the vehicle used to transport the waste to the recycling facility and to deliver the regenerated material back to the generator is owned and operated by the reclaimer of the waste.
(b) The generator
maintains a copy of the reclamation agreement in theirhis
or her files for a period of not less
than 3 years after termination or expiration of the agreement.
(4) A small quantity or
large quantity generator whothat authorizes a transporter to commingle the generator’shis or her hazardous waste under
R 299.9405(2) or (3) shall do either
of the following:
(a) pPlace in the
special handling instructions and additional information section of the
manifest the hazardous waste number followed by the letters "CS," as
specified in R 299.9405(2), or the letters "CD," as specified in
R 299.9405(3), and the associated manifest line item.
(b) Place in the special handling instructions and additional information section of the manifest the words "Commingle Same," as specified in R 299.9405(2), or the words "Commingle Different," as specified in R 299.9405(3), and the associated manifest line item.
(5) The requirements of this rule and R 299.9310(1)(d) do not apply to the transport of hazardous waste shipments on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if the property is contiguous property divided by a public or private right-of-way. Notwithstanding R 299.9401, the generator or transporter shall comply with the requirements for transporters in R 299.9410 in the event of a discharge of hazardous waste on a public or private right‑of‑way.
(6) 40 CFR 3.10, 262.20, 262.21, 262.22, 262.23, 262.24, and 262.27 and the appendix to part 262 are adopted by reference in R 299.11003. For the purposes of adoption, the term "site identification number" replaces the term "EPA identification number," the term "R 299.9207" replaces the term "§261.7," and the term "§264.72" replaces the term "§265.72."
R 299.9310 Pre‑transport requirements applicable to small and large quantity generators.
Rule
310. (1) Before transporting hazardous waste or offering hazardous waste for
transportation off-site, a small quantity or large quantity generator
shall do all of the following:
(a) Package the waste in accordance with the applicable DOT regulations on packaging under 49 CFR parts 173, 178, and 179.
(b) Label each package in accordance with the applicable DOT regulations on hazardous materials under 49 CFR part 172.
(c) Mark each package of hazardous waste in accordance with the applicable DOT regulations under 49 CFR part 172.
(d) Mark each container of 119 gallons or less used in the transportation with the following words and information displayed in accordance with 49 CFR 172.304:
(i) HAZARDOUS WASTE ‑ Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.
(ii) Generator's Name and Address _________________
(iii) Generator's Site Identification Number ____________
(iv) Manifest Tracking Number _____________________
(v) The hazardous waste number identifying the waste.
(e) A generator may use a nationally recognized electronic system, such as bar coding, to identify the hazardous waste number, as required by subdivision (d)(v) or subdivision (f) of this subrule.
(f) Lab packs that will be incinerated in compliance with 40 CFR 268.42(c) are not required to be marked with hazardous waste numbers, except D004, D005, D006, D007, D008, D010, and D011, if applicable.
(g) Placard or offer the initial transporter the appropriate placards according to DOT regulations for hazardous materials under 49 CFR part 172, subpart F.
(2) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids, whether or not sorbents have been added, in any landfill is prohibited. Before disposal in a hazardous waste landfill, liquids must meet additional requirements as specified in 40 CFR 264.314 and 265.314.
(3) 49 CFR parts 172, 173, 178, and 179 are adopted by reference in R 299.11004.
R 299.9311 Recordkeeping for small and large quantity generators.
Rule 311. (1) Small and large
quantity generators shall keep records supporting the hazardous waste determinations
made under R 299.9302 for not less than 3 years from the date that
the waste was last sent to on‑site or off‑site treatment, storage,
or disposal. The records must include all of the following information:
(a) The type of waste and the source or process from which it was produced.
(b) The chemical composition and properties of the waste and the anticipated fluctuations in its chemical composition and properties.
(c) The results of any tests, sampling, waste analyses, or other determinations made under R 299.9302.
(d) Records documenting
the validity and relevance of the tests, sampling, and analytical methods used,
including all of the following information:
(i) The sampling procedure and the reasons for determining that the sample is representative of the waste.
(ii) The accuracy and precision of any tests conducted.
(e) The knowledge basis for the generator’s determination if testing, sampling, and waste analyses were not conducted.
(2) A small or large generator
whothat is requested by the director to submit any of the
information in subrule (1) of this rule shall provide the required information
within 30 days after receipt of the request.
(3) Small and large
quantity generators shall keep a copy of each manifest signed under
R 299.9309 for 3 years or until he or shethe small or large quantity generator receives a signed copy from the designated facility that
received the waste. This signed copy must be retained as a record for not less
than 3 years from the date the waste was accepted by the initial
transporter.
(4) A large quantity generator
shall keep a copy of the data submitted under R 299.9312(1), exception
report, or other report required by the director, or his or herthe director’s
designee, for a period of not less than 3 years from the due date of the
report.
(5) Small and large quantity generators shall keep the documentation required under R 299.9503(1)(i)(ix) for not less than 3 years from the date that the waste was treated.
(6) Small and large quantity generators shall keep the documentation required under R 299.9213(5) for not less than 3 years.
(7) Small and
large quantity generators shall keep documentation of all inspections,
training, and other records required under R 299.9306 and R 299.9307,
respectively, for not less than 3 years and make the records readily
available upon request by the department.
(8) The periods of retention referred to in this rule are extended automatically during any unresolved enforcement action regarding the regulated activity or as requested by the director.
R 299.9312 Reporting for large and small quantity generators.
Rule 312. (1) A generator whothat
is a large quantity generator for at leastnot less than 1 month
of an odd‑numbered year, the reporting year, whothat ships
any hazardous waste off-site to a treatment, storage, or disposal facility
within the United States shall complete and submit EPA Form 8700‑13
A/B to
the director or the director's designee by March 1 of the following even‑numbered
year and cover generator activities during the previous year.
(2) Any generator whothat is a
large quantity generator for at leastnot less than 1 month of an
odd‑numbered year, the reporting year, who treats, stores, or disposes of
hazardous waste on‑site shall complete and submit EPA Form 8700-13 A/B to
the director or the director's designee by March 1 of the following
even-numbered year covering those wastes in accordance with parts 5 and 6
of these rules. This requirement also applies to large quantity generators
that receive hazardous waste from very small quantity generators under R 299.9307(6).
(3) Exports of hazardous waste to foreign countries are not required on EPA Form‑8700‑13‑A/B. A separate annual report requirement is set forth in 40 CFR 262.83(g) for hazardous waste exporters.
(4) Any large quantity generator
whothat does not receive a copy of the manifest with the
handwritten signature of the owner or operator of the designated facility
within 35 days of the date the waste was accepted by the initial
transporter shall do both of the following:
(a) Contact the transporter or the owner or operator of the designated facility to determine the status of the hazardous waste.
(b) If the generator has
not obtained confirmation that the manifest with the handwritten signature of
the owner or operator of the designated facility within 45 days of the
date the waste was accepted by the initial transporter, then the generator
shall submit an exception report to the director, or his or herthe director’s
designee, and the EPA regional administrator for the region in which the generator
is located. The exception report must include both of the following:
(i) A legible copy of the manifest for which the generator does not have confirmation of delivery.
(ii) A cover letter signed by the generator, or the generator's authorized representative, explaining the efforts taken to locate the hazardous waste and the results of those efforts.
(5) Any small quantity generator
whothat does not receive a copy of the manifest with the
handwritten signature of the owner or operator of the designated facility
within 60 days of the date the waste was accepted by the initial
transporter shall submit a legible copy of the manifest, with some indication
that the generator has not received confirmation of delivery, to the director
or his or herthe director’s designee and the regional administrator for the
region in which the generator is located.
(6) For rejected shipments of hazardous waste, the time frames referenced in subrules (4) and (5) of this rule begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.
(7) A generator shall furnish periodic reports of hazardous waste generated, stored, transferred, treated, disposed of, or transported for treatment, storage, or disposal required by the director or the director’s designee.
R 299.9314 Transfrontier movements of hazardous waste for recovery and disposal.
Rule 314. (1) Persons whothat import
or export wastes that are considered hazardous under the United. States. national
procedures and that are destined for recovery operations shall comply with
40 CFR part 262, subpart H, except 262.80, including recognition of the electronic import-export
reporting compliance date. A waste is
considered hazardous under the United. States. national procedures if it meets the federal
definition of hazardous waste in 40 CFR 261.3 and it is subject to
either the manifesting requirements of part 3 of these rules, the
universal waste provisions of R 299.9228, or the export requirements in
the spent lead-acid battery management standards of R 299.9804.
(2) Any person subject to
this rule, including a notifier, consignee, or recovery facility operator, whothat mixes
2 or more hazardous waste or solid wastes or otherwise subjects 2 or
more hazardous waste or solid wastes to physical or chemical
transformation operations, and therebythus creates a new hazardous
waste, shall comply with the following requirements:
(a) The person ishall be
considered the generator of the waste and shall comply with the
requirements of part 3 of these rules.
(b) The applicable notifier requirements of 40 CFR part 262, subpart H.
(3) 40 CFR part 262, subpart H, except 262.80, is adopted by reference in R 299.11003.
R 299.9315 Academic laboratories; alternate generator requirements.
Rule 315. (1) This rule provides alternate requirements for hazardous waste determinations and accumulation of hazardous waste in laboratories owned by eligible academic entities.
(2) Persons with laboratories owned by eligible academic entities may elect to comply with the requirements of 40 CFR part 262, subpart K, except 262.201 and 262.202, instead of the requirements of R 299.9304 to R 299.9307, as applicable.
(3) 40 CFR part 262, subpart K, except 262.201 and 262.202 and the references to performance track members, is adopted by reference in R 299.11003. For the purposes of adoption, the term "director" replaces the term "EPA regional administrator," the term "site identification number" replaces "EPA identification number," the term "operating license" replaces the term "RCRA Part B permit," the term "hazardous waste numbers" replaces the term "hazardous waste codes," the term "Michigan site identification form EQP5150" replaces the term "RCRA Subtitle C Site Identification Form (EPA Form 8700-12)," the term "R 299.9101(bb)" replaces the term "§260.11," the term "R 299.9212" replaces the term "40 CFR part 261, subpart C," the term "R299.9213 and R 299.9214" replaces the term "40 CFR part 261, subpart D," the term "R 299.9202" replaces the term "§261.2," the term "R 299.9203" replaces the term "§261.3," the term "R 299.9304" replaces the term "§261.5," the term "R 299.9214" replaces the term "§261.33(e)," the term "part 3 of the rules" replaces the term "40 CFR part 262," the term "R 299.9302" replaces the term "§262.11," the term "R 299.9302(1)(a)" replaces the term "§262.11(a)," the term "R 299.9303" replaces the term "§262.13," the term "R 299.9304" replaces the term "§262.14," the term "R 299.9305" replaces the term "§262.15," the term "R 299.9306" replaces the term "§262.16," the term "R 299.9306(1)(d)(i)(G) and (ii)(K)" replaces the term "§262.16(b)(6)," the term "R 299.9307" replaces the term "§262.17," and the term "R 299.9307(1)(b)(i)(I)and (ii)(A)" replaces the term "§262.17(a)(5)."
R 299.9316 Episodic generation; alternate requirements for very small and small quantity generators.
Rule 316. (1) This rule provides alternative requirements for very small and small quantity generators and the episodic generation of wastes beyond their usual generator categories.
(2) A very small quantity generator may maintain its existing generator
category for hazardous waste generated during an episodic event if the very
small quantity generator complies with all of the following conditions:
(a) The very small quantity generator is limited to 1 episodic event per calendar year, unless a petition is granted under subrules (4) to (7) of this rule.
(b)
The very small quantity generator shall notify the director no later than 30
calendar days before initiating a planned episodic event using Michigan site
identification form EQP5150. In the event of an unplanned episodic event, the very
small quantity generator shall notify the director within 72 hours of the
unplanned event via phone, email, or fax and subsequently submit Michigan site
identification form EQP5150. The very small quantity generator shall include
the start date and end date of the episodic event, the reason or
reason(s) for the event, types and estimated quantities of hazardous
waste expected to be generated as a result of the episodic event and shall
identify a facility contact and emergency coordinator with 24-hour telephone
access to discuss the notification submittal or respond to an emergency in
compliance with R 299.9306(1)(n).
(c) The very small quantity generator shall have a site identification number or obtain a site identification number using Michigan site identification form EQP5150.
(d) A very small quantity generator is prohibited from accumulating hazardous waste generated from an episodic event on drip pads and in containment buildings.
(e) The episodic hazardous waste is managed under 1 or more of the following methods:
(i) In containers and the very small quantity generator complies with all of
the following:
(A) The standards of R 299.9306(1)(d)(i).
(B) Each container is marked or labeled with all of the following:
(I) The words "Episodic Hazardous Waste."
(II) A description of the waste and an indication of the hazards of the
contents. The indication of the hazards of the contents may include the
applicable hazardous waste characteristic
or characteristic(s),; the hazard
communication consistent with 49 CFR part 172, subpart E or F,; a hazard
statement or pictogram consistent with 29 CFR 1910.1200,; or a
chemical hazard label consistent with the NFPA standard no. 704.
(III) The date upon which the episodic event began.
(ii) In tanks and the very small quantity generator complies with all of
the following:
(A) The standards of R 299.9306(1)(d)(ii).
(B) Each tank is marked or labeled with both of the following:
(I) The words "Episodic Hazardous Waste."
(II) A description of the waste and an indication of the hazards of the
contents. The indication of the hazards of the contents may include the applicable
hazardous waste characteristic or characteristic(s),; hazard communication
consistent with 49 CFR part 172, subpart E or F,; a hazard
statement or pictogram consistent with 29 CFR 1910.1200,; or a
chemical hazard label consistent with the NFPA standard no. 704.
(C) Use inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins.
(D) Keep inventory logs or records with the above information on-site and readily available for inspection.
(iii) Hazardous waste must be managed in a manner that minimizes the possibility of a fire, explosion, or release of hazardous waste or hazardous waste constituents to the air, soil, or water which could threaten human health or the environment.
(f) The very small quantity generator shall comply with the hazardous waste manifest provisions in R 299.9309 when it sends its episodic event hazardous waste off-site to a designated facility. The very small quantity generator has up to 60 calendar days from the start of the episodic event to manifest and send its hazardous waste generated from the episodic event to a designated facility.
(g) The very small quantity generator shall maintain all of the
following records for 3 years from the end date of the episodic event:
(i) The beginning and end dates of the episodic event.
(ii) A description of the episodic event.
(iii) A description of the types and quantities of hazardous wastes generated during the event.
(iv) A description of how the hazardous waste was managed as well as the name of the designated facility that received the hazardous waste.
(v) The name of hazardous waste transporters.
(vi) An approval letter from director if the very small quantity generator petitioned to conduct 1 additional episodic event per calendar year.
(3)
A small quantity generator may maintain its existing generator category for
hazardous waste generated during an episodic event if the small quantity generator
complies with all of the following conditions:
(a) The small quantity generator is limited to 1 episodic event per calendar year, unless a petition is granted under subrules (4) to (7) of this rule.
(b)
The small quantity generator shall notify the director no later than 30
calendar days before initiating a planned episodic event using Michigan site
identification form EQP5150. In the event of an unplanned episodic event, the small
quantity generator shall notify the director within 72 hours of the
unplanned event via phone, email, or fax and subsequently submit Michigan site
identification form EQP5150. The small quantity generator shall include the
start date and end date of the episodic event, the reason or
reason(s) for the event, the types and estimated quantities of hazardous waste
expected to be generated as a result of the episodic event, and shall
identify a small quantity generator contact and emergency coordinator with
24-hour telephone access to discuss the notification submittal or respond to an
emergency.
(c) The small quantity generator shall have a site identification number or obtain a site identification number using Michigan site identification form EQP5150.
(d) A small quantity generator is prohibited from accumulating hazardous waste generated from an episodic event on drip pads and in containment buildings.
(e) The episodic hazardous waste is managed under 1 or more of the following methods:
(i) In containers and the small quantity generator complies with all of the
following:
(A) R 299.9306(1)(d)(i).
(B) Each container is marked or labeled with all of the following:
(I) The words "Episodic Hazardous Waste."
(II) A description of the waste and an indication of the hazards of the
contents. The indication of the hazards of the contents may include the
applicable hazardous waste characteristic
or characteristic(s),; the hazard
communication consistent with 49 CFR part 172, subpart E or F,; a hazard
statement or pictogram consistent with 29 CFR 1910.1200,; or a
chemical hazard label consistent with the NFPA standard no. 704.
(III) The date upon which the episodic event began.
(ii) In tanks and the small quantity generator complies with all of
the following:
(A) The standards of R 299.9306(1)(d)(ii).
(B) Each tank is marked or labeled with both of the following:
(I) The words "Episodic Hazardous Waste."
(II) A description of the waste and an indication of the hazards of the
contents. The indication of the hazards of the contents may include the
applicable hazardous waste characteristic
or characteristic(s),; the hazard
communication consistent with 49 CFR part 172, subpart E or F,; a hazard
statement or pictogram consistent with 29 CFR 1910.1200,; or a
chemical hazard label consistent with the NFPA standard no. 704.
(C) Use inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins.
(D) Keep inventory logs or records with the above information on-site and readily available for inspection.
(f) The small quantity generator shall hazardous waste generated from an episodic event on-site or manifest and ship the hazardous waste off-site to a designated facility within 60 calendar days from the start of the episodic event to manifest and send its hazardous waste generated from the episodic event to a designated facility.
(g) The small quantity generator shall maintain all of the following
records for 3 years from the end date of the episodic event:
(i) The beginning and end dates of the episodic event.
(ii) A description of the episodic event.
(iii) A description of the types and quantities of hazardous wastes generated during the event.
(iv) A description of how the hazardous waste was managed as well as the name of the designated facility that received the hazardous waste.
(v) The name of hazardous waste transporters.
(vi) An approval letter from the director if the small quantity generator petitioned to conduct 1 additional episodic event per calendar year.
(4) A very small quantity generator or small quantity generator may petition the director for a second episodic event in a calendar year without impacting its generator category under the following conditions:
(a) If a very small quantity generator or small quantity generator has already held a planned episodic event in a calendar year, the generator may petition the director for an additional unplanned episodic event in that calendar year within 72 hours of the unplanned event.
(b) If a very small quantity generator or small quantity generator has already held an unplanned episodic event in a calendar year, the generator may petition the director for an additional planned episodic event in that calendar year.
(5) The petition must include the following:
(a) The reason or reason(s) why an additional episodic
event is needed and the nature of the episodic event.
(b) The estimated amount of hazardous waste to be managed from the event.
(c) How the hazardous waste is to be managed.
(d) The estimated length of time needed to complete management of the hazardous waste generated from the episodic event. This estimated length of time may not exceed 60 days.
(e) Information regarding the previous episodic event managed by the very small quantity generator or small quantity generator, including the nature of the event, whether it was a planned or unplanned event, and how the very small quantity generator or small quantity generator met the conditions.
(6) The petition must be made to the director in writing, either on paper or electronically.
(7) The very small quantity generator or small quantity generator shall retain written approval in its records for 3 years from the date the episodic event ended.
(8) Episodic events do not impact or alter the onsite accumulations limits associated with the generator categories in R 299.9303.
PART 4. TRANSPORTERS OF HAZARDOUS WASTE
R 299.9401 Scope.
Rule 401. (1) This part applies to transporters of hazardous waste if the transportation requires a manifest under part 3 of these rules, and transporters operating under R 299.9309(3).
(2) This part does not apply to on‑site transportation of hazardous waste either by generators or by owners or operators of licensed hazardous waste treatment, storage, or disposal facilities.
(3) A transporter of hazardous waste shall also comply with part 3 of these rules relating to hazardous wastes, except for R 299.9311(4) and R 299.9312(1) and (2), and the accumulation time limits specified in R 299.9404(1)(b), if either of the following provisions apply to the transporter:
(a) The transporter is the United States importer of hazardous waste into the state from abroad.
(b) The transporter commingles, by placing the waste in the same container, compatible hazardous waste of different DOT shipping descriptions where the DOT hazard class or the DOT packing group differs in a manner that alters the components of the waste description on the generator's original manifest.
(4) A person whothat
commingles hazardous waste from lab packs shall comply with parts 5, 6,
and 7 of these rules if the wastes from the lab packs are mixed.
(5) A transporter of
hazardous waste that is being imported from or exported to any other country
for the purpose of recovery or disposal shall comply with the
requirements of this part and R 299.9314.
(6) This part does not
apply to transportation during an explosives or munitions emergency
response whichthat is conducted under R 299.9503(2).
R 299.9404 Transfer facility requirements.
Rule 404. (1) A
transporter at a transfer facility shall comply with all of the
following requirements:
(a) Manage vehicles and hazardous wastes so that hazardous waste and hazardous waste constituents cannot escape into the soil, directly or indirectly into surface or groundwaters, or uncontrolled into drains or sewers and so that fugitive emissions are controlled by closing, covering, or otherwise sealing containers, as required by 49 CFR 173.24(b), at all times unless the container is being filled or emptied of waste or is being cleaned.
(b) Store hazardous wastes, subject to manifesting requirements, in containers meeting the applicable requirements of 49 CFR parts 107 and 172 to 180 for a period of 10 days or less. Storage for a period of more than 10 days requires compliance with the treatment, storage, and disposal facility requirements of parts 5, 6, and 7 of these rules.
(c) Hazardous wastes must not be routed to the same transfer facility more than once during transportation, unless either of the following provisions applies:
(i) The load has been rejected by the treatment, storage, and disposal facility and the load is either being returned to the generator or is being sent to an alternate treatment, storage, and disposal facility.
(ii) A transporter was temporarily unable to deliver the waste for reasons unrelated to the suitability of the treatment, storage, and disposal facility to manage the waste, such as treatment, storage, and disposal facility maintenance or overbooking or delivery of the load after normal business hours, and rerouting was necessary to ensure subsequent delivery at the designated facility.
(d) When consolidating the contents of 2 or more containers with the same hazardous waste into a new container, or when combining and consolidating 2 different hazardous wastes that are compatible with each other, the transporter shall mark its containers of 119 gallons or less with the following information:
(i) The words "Hazardous Waste."
(ii) The applicable hazardous waste numbers, or in compliance with R 299.9305(1)(e).
(2) A transporter who off‑loads
hazardous wastes during transportation for the purpose of storage off of
the vehicle or conveyance of waste in accordance with R 299.9503(1)(k)
shall comply with all of the following requirements.
(a) The requirements of subrule (1) of this rule.
(b) For new activity, before
the activity begins, provide notification to the department. Within 30 days
of changes to information included in the notification a subsequent
notification is required. The notification must include all of the
following information:
(i) The transporter name and site identification number.
(ii) The transporter mailing address.
(iii) The transporter telephone number.
(iv) The owner of the transfer facility.
(v) The location and
telephone number of all of the transfer facilities.
(vi) A description of the transfer activity performed at each transfer facility location.
(c) Obtain financial capability as specified in R 299.9711 for transfer facilities.
(d) The requirements of 49 CFR parts 130 and 172 to 180, and 40 CFR 263.31 concerning the use and management of containers.
(e) Secondary containment must be sufficiently impervious to prevent any hazardous waste or hazardous waste constituent released into the containment system from migrating out of the system to the soil, groundwater, or surface water.
(f) The requirements of 49 CFR 172.602, 172.702, 172.704, and 177.848 and 29 CFR part 1910, subpart L, and 1910.120(q) and 1910.132 to 1910.138 concerning preparedness and prevention, contingency planning and emergency procedures, and training.
(g) Maintain an inventory
log that tracks manifested hazardous waste whichthat is managed
at the transfer facility by date of receipt, date of shipment off-site,
and manifest number. The inventory log, or similar documentation, must also
include the date of the weekly inspection of the areas where containers are
stored and the results of the inspection, including, at a minimum, any evidence
of container failure, the condition of secondary containment, and remediation
correcting any problems noted. Except as required in subdivision (a) of this
subrule, the requirements of this subrule do not apply when, during transportation,
there is a continuous physical link between vehicles or vehicles and pipelines
for waste being off‑loaded or, in the case of bulk‑packagings
authorized by 49 CFR 173.240, the break in the link between the
transport vehicles is no longer than is necessary to accomplish the immediate
transfer of the bulk packagings from 1 vehicle to another vehicle.
(3) Transfer facility operations must not occur at treatment, storage, and disposal facilities.
(4) 49 CFR parts 107, 130, and 171 to 180, and 29 CFR part 1910, subpart L, and 1910.120(q) and 1910.132 to 1910.138 are adopted by reference in R 299.11004.
R 299.9405 Consolidation and commingling of hazardous waste.
Rule 405. (1) A transporter consolidating containers of hazardous waste shall ensure that the original manifest for each hazardous waste container in the consolidated shipment accompanies the shipment.
(2) A transporter
commingling hazardous wastes of the same DOT shipping description if the DOT
hazard class and DOT packing group remain the same shall comply with all of the
following requirements:
(a) 49 CFR part 173, as applicable.
(b) Conduct commingling, unless performed at the generator location when the load is first received by the transporter, in a secondarily contained area that is sufficiently impervious to prevent any hazardous waste or hazardous waste constituent released into the containment system from migrating out of the system to the soil, groundwater, or surface water.
(c) Ensure that commingled wastes are destined for a single disposal facility.
(d) Ensure that incompatible wastes are not commingled.
(e) Ensure that commingled wastes do not undergo chemical or thermal change or treatment and ensure that the resultant waste retains both the physical and chemical characteristics similar to the individual wastes before they were commingled.
(f) Ensure that the
generator authorizes the commingling in accordance with R 299.9309(4) and places
in the special handling instructions and additional information section of the
manifest the hazardous waste number followed by the letters "CS" and
the associated manifest line item, denoting the commingling activity.
(g) For bulk rail shipments
or water (bulk water shipments), ensure that where the
commingling of wastes results in the original shipment being transported to the
designated facility by more than 1 vehicle the extra copies of the
manifest as provided by the generator in accordance with R 299.9309
accompany each of the vehicles and that the transporter prepares a DOT‑approved
shipping paper and attaches the shipping paper to the top of the manifest or
manifests. The shipping paper must reflect the differences from the original
shipment in terms of quantity, count, and DOT‑approved packaging.
(h) Ensure that where the commingling of wastes results in changes to the quantity, count, or DOT‑approved packaging on the generator manifest or manifests, the transporter prepares a DOT‑approved shipping paper and attaches the shipping paper to the top of the manifest or manifests. The shipping paper must reflect the differences from the original shipment in terms of quantity, count, and DOT‑approved packaging.
(i) Ensure that, where a commingled load is rejected by the designated facility, all generators contributing to the commingled load are contacted to designate an alternate facility and that the rejected commingled wastes are not returned to any single generator.
(3) A transporter
commingling compatible hazardous wastes of different DOT shipping descriptions
where the DOT hazard class or DOT packing group differs in a manner that alters
the components of the waste description on the generator's original manifest
shall comply with all of the following requirements:
(a) Comply with the requirements of subrule (2)(a) to (e) of this rule.
(b) For new activity,
before the activity beginning, provide notification to the department. Within
30 days of changes in information included in the original notification a
subsequent notification is required. The notification must include all of the
following information:
(i) The transporter name and site identification number.
(ii) The transporter mailing address.
(iii) The transporter telephone number.
(iv) The owner of the facility.
(v) If other than the generator site, the location of the facility and the telephone number where commingling activity is performed.
(vi) The description of the commingling activity performed at each facility location.
(c) Prepare a new manifest as a generator in accordance with part 3 of these rules.
(d) On the new manifest in the special handling instructions and additional information section, describe the commingled load by adding the hazardous waste number followed by the letters “CD" and the manifest line item.
(e) Ensure that the transporter‑initiated manifest and the generator manifests accompany the shipment to the designated facility. The transporter‑initiated manifest must satisfy DOT shipping paper requirements and be segregated from the generator manifests. All generator and transporter manifests must be signed by an authorized representative of the designated facility upon receipt of the waste.
(f) Comply with part 3 of these rules relating to the wastes, except for R 299.9311(4) and R 299.9312(1) and (2) and the accumulation time limits specified in R 299.9404(1)(b).
(g) Ensure that, where a commingled load is rejected by the designated facility, all other generators contributing to the load are contacted to jointly, with the transporter, designate an alternate facility and that the rejected commingled wastes are not returned to any single generator. The transporter, under this part, shares generator responsibility.
R 299.9406 Transporter vehicle requirements.
Rule 406. (1) A transporter shall carry a copy of the registration and permit, issued in accordance with act 138, and make it available for inspection upon request by the director or the director's designee.
(2) A transporter shall close or cover all vehicles or containers used to transport hazardous waste to prevent the escape of hazardous waste or hazardous waste constituents. A transporter shall keep the outside of all vehicles and accessory equipment free of hazardous waste or hazardous waste constituents.
(3)
A transporter shall ensure that all portions of vehicles whichthat
have been in contact with hazardous waste shall beare cleaned of
any hazardous waste or hazardous waste constituents and purged of vapor before
the transport of any products, incompatible waste, or non‑waste material.
(4) A transporter shall protect hazardous waste in the transporter's possession from exposure to weather, fire, physical damage, and vandals.
R 299.9407 Transporter facility inspections.
Rule
407. (1) The department may inspect all in‑state stationary facilities
in whichwhere the transporter owns or holds an interest and at which
routine operations associated with the transport of hazardous wastes are
performed. Routine operations may include any of the following:
(a) Vehicle storage.
(b) Vehicle cleaning.
(c) Routine mechanical maintenance.
(d) Transfer operations.
(e) Dispatching.
(f) Recordkeeping.
(2)
The department shall determine, at the time of an inspection, all of the
following:
(a) Based on a visual inspection, whether there is evidence that hazardous wastes or hazardous waste constituents have escaped to the air, soil, surface water, groundwater, drains, or sewers.
(b) If vehicles are cleaned on-site, whether proper procedures exist for wash water disposal.
(c) Whether facilities are constructed or situated so as to minimize the possibility of the release or escape of hazardous waste or hazardous waste constituents to the soil, surface water, or groundwater.
(d)
Whether the transporter is in compliances with other
requirements of this part.
R 299.9408 Transporter vehicle inspections.
Rule 408. (1) The
department may inspect a vehicle to determine compliance with this part of
these rules.
R 299.9409 Transporter manifest and recordkeeping requirements.
Rule 409. (1) Hazardous waste transporters shall only transport hazardous waste using a manifest signed in accordance with 40 CFR 262.23, or an electronic manifest that is obtained, completed, and transmitted in accordance with 40 CFR 262.20(a)(3), and signed with in accordance with R 299.9309(2). Hazardous waste transporters shall comply with 40 CFR part 263, subpart B, regarding the manifest system, compliance with the manifest, and recordkeeping.
(2) If the hazardous waste cannot be delivered pursuant to the manifest and 40 CFR 263.21(a), and if the transporter revises the manifest pursuant to 40 CFR 263.21(b)(1), the transporter shall legibly note on the manifest the name and phone number of the person representing the generator from whom instructions have been obtained.
(3) A transporter whose
manifested shipment results in a manifest discrepancy, as specified in
R 299.9608, and a total or partial rejected shipment shallmust
comply with 40 CFR 263.21(b)(2). Before accepting for
transportation, the rejected portion of the original shipment for
transportation, the transporter shall confirm that the generator has
prepared a new manifest under part 3 of these rules.
(4) A transporter shall retain
all records, logs, or documents required under this part for a period of
3 years and make the records, logs, and documents readily available for
inspection by the director or his or herthe director’s designee,
upon request. The retention period is extended during any unresolved
enforcement action regarding the regulated activity or as otherwise required by
the department.
(5) 40 CFR part 263, subpart B, is adopted by reference in R 299.11003. For the purposes of adoption, the term "R 299.9207" replaces the term "§261.7."
R 299.9410 Hazardous waste discharges.
Rule
410. (1) If a fire, explosion, or other discharge of hazardous waste or
hazardous waste constituents occurs during transportation that could threaten
human health or the environment, or if a transporter has knowledge that a spill
has reached surface water or groundwater, then the transporter shall take
appropriate immediate action to protect human health and the environment,
including notification of local authorities and the department's pollution
emergency alerting system ‑ telephone number 800‑292‑4706.
Each notification mustshall include all of the following
information:
(a) Name of the reporter.
(b) Name and address of carrier represented by the reporter.
(c) Telephone number where the reporter can be contacted.
(d) Date, time, and location of the incident.
(e) The extent of injuries, if known.
(f) Classification, name, and quantity of the hazardous waste involved and if a continuing danger to life exists at the scene of the fire explosion, or other discharge.
(2)
If a discharge of hazardous waste or hazardous waste constituents occurs during
transportation and if a state, local government, or federal official acting
within the scope of his or hertheir official responsibilities
determines that immediate removal of the waste is necessary to protect human
health or the environment, then the official may authorize the removal of the
waste, without the preparation of a manifest, by transporters whothat
do not have site identification numbers and a registration and permit under
act 138.
(3)
A transporter whothat has discharged hazardous waste or hazardous
waste constituents shall comply with all of the following requirements:
(a)
Give notice, if required pursuant to 49 C.F.R. §171.15,
to the Nnational Rresponse Ccenter at
800‑424‑8802 or 202‑426‑2675.
(b)
Report, in writing, as required by 49 C.F.R. §171.16,
to the Director, Office of Hazardous Materials Regulations, Materials
Transportation Bureau, Department of Transportation, Washington, DC 20590.
(c)
Provide notice, if the discharge was from a water (bulk shipment)
transported by water, as required by 33 C.F.R. §153.203
for oil and hazardous substances.
(d)
Ensure cleanup of any hazardous waste or hazardous waste constituent discharge
or take such action as may be required or approved by federal, state, or
local officials so that the hazardous waste or hazardous waste constituent
discharge no longer presents a hazard to human health or the environment.
(4)
The provisions of 33 C.F.R. §153.203 and
49 C.F.R. §§171.15 and 171.16 are adopted by
reference in R 299.11004.
PART 5. OPERATING LICENSES
R 299.9501 Operating licenses for new facilities; and expansion, enlargement, or alteration of existing facilities; applicability.
Rule
501. (1) Except as otherwise specified in R 299.9503, R 299.9524,
and subrules (2), (3), and (4) of this rule, issuance of an operating
license by the director mustshall occur before any of the
following begins:
(a) The physical construction of a new treatment, storage, or disposal facility.
(b) The expansion or enlargement beyond the previously authorized design capacity or area of a treatment, storage, or disposal facility.
(c)
The alteration of the method of treatment or disposal previously authorized at
a treatment or disposal facility to a different method of treatment or
disposal. A change in only the types and quantity of waste treated, stored, or
disposed of, without an expansion, enlargement, or alteration of the facility,
shallbdoes not require a new operating license. Such aThese
types of changes may require modification of the operating license
as set forth in this part or, for facilities operating without a license in
accordance with the provisions of R 299.9502(3), (4), or (5), submittal by
the owner or operator of a revised part A application before such athe
change.
(2) Each method of treatment or disposal requires a separate operating license. Either or both of the following may be authorized under an operating license for treatment or disposal:
(a)
Storage associated with suchthe treatment or disposal.
(b) Wastewater treatment facilities treating wastewater generated from the treatment or disposal of a hazardous waste.
(3)
If the director finds an imminent and substantial endangerment to human health
or the environment, the director may issue a temporary emergency operating
license to a nonlicensed facility to allow treatment, storage, or disposal of
hazardous waste or to a licensed facility to allow treatment, storage, or
disposal of a hazardous waste not covered by an effective operating license.
These activities shallare not be subject to the operating
license requirements of part 111 of the act and these rules for new
facilities or the expansion, enlargement, or alteration of existing
facilities. An emergency operating license may be oral or written. If oral,
it mustshall be followed in 5 days by a written emergency
operating license. The emergency operating license may be terminated by the
director at any time if he or shethe director determines that
termination is appropriate to protect human health and the environment. An
emergency operating license mustshall comply with all of the
following requirements:
(a)
It mustshall not exceed 90 days in duration.
(b)
It mustshall clearly specify the hazardous wastes to be received
and the manner and location of their treatment, storage, or disposal.
(c)
It mustshall be accompanied by a public notice published in
accordance with R 299.9513, including all of the following
information:
(i) Name and address of the office granting the emergency authorization.
(ii) Name and location of the licensed facility.
(iii) A brief description of the wastes involved.
(iv) A brief description of the action authorized and the reasons for authorizing it.
(v) Duration of the emergency operating license.
(d)
It mustshall incorporate, to the extent possible and not
inconsistent with the emergency situation, all applicable requirements of this
part and part 6 of these rules. An emergency operating license shallis
not be subject to the licensee fees specified by R 299.9510. The
licensee shall pay for the cost of all public notices required by these rules
for the emergency operating license.
(4)
The director may issue a temporary operating license to any person whothat
proposes to utilize, for research purposes, an innovative and experimental hazardous
waste treatment technology or process for which standards have not been
promulgated under these rules. SuchThese licensed activities shall
beare exempt from the requirements of part 111 of the act and
these rules for new facilities or the expansion, enlargement, or alteration of
existing facilities., and, for the purpose of To expeditinge
the review and issuance of operating licenses under this subrule, the director
may, consistent with the protection of human health and the environment, modify
or waive the license application requirements of R 299.9508, except that
the director shall not waive rules regarding financial responsibility,
including insurance, or waive the public participation process specified in
R 299.9511. A temporary operating license issued by the director under
this subrule mustshall be in compliancey with all of
the following provisions:
(a)
Provide for the construction of facilities, as necessary, and for the operation
of the facilities for not more than 1 year, unless renewed, except that
any operating license issued under this subrule mustshall not be
renewed more than 3 times and each renewal mustshall be for
a period of not more than 1 year.
(b)
Provide for the receipt and treatment by the facility of only those types and
quantities of hazardous waste whichthat the director determines
necessary for purposes of determining the efficacy and performance capabilities
of the technology or process and the effects of suchthe
technology or process on human health and the environment.
(c)
Require compliance with the requirements of part 6 of these rules for any
hazardous waste storage, and include such other requirements as the
director deems necessary to protect human health and the environment, such as
requirements regarding any of the following:
(i) Monitoring.
(ii) Operation.
(iii) Insurance or bonding.
(iv) Financial responsibility.
(v) Closure.
(vi) Remedial action.
(d)
Include such requirements thatas the director deemstermines
necessary regarding testing and the providing of information to the director
with respect to the operation of the facility.
(5) A temporary operating license issued under subrule (3) or (4) of this rule may be terminated by the director at any time if he or she determines that termination is necessary to protect human health or the environment.
R 299.9502 Operating licenses for existing facilities; applicability and general application requirements.
Rule
502. (1) Part 111 of the act requires an operating license for the
treatment, storage, and disposal of any hazardous waste, except for those
facilities identified in subrules (3), (4), and (5) of this rule and
except as provided in R 299.9623, as identified or listed in parts 2
and 8 of these rules. Requirements for remedial action plans, special
forms of operating licenses, are specified in R 299.9524. The terms
"treatment," "storage," "disposal," and
"hazardous waste" are defined in part 1 of these rules. Owners
or operators of hazardous waste management units shall have an operating
license during the active life of the unit, including the closure period.
Owners or operators of surface impoundments, landfills, land treatment units,
and waste pile units that received wastes after July 26, 1982, or that
certified closure after January 26, 1983, shall have an operating license
for the postclosure period, unless they demonstrate closure by removal pursuant
to subrules (8) and (9) of this rule or they obtain an enforceable
document in place of an operating license for the postclosure period, as
provided for in subrule (12) of this rule. If an operating license for
the postclosure period is required, then the license mustshall
incorporate the applicable groundwater monitoring, corrective action, and
postclosure care requirements of part 6 of these rules. The denial of an
operating license for the continued operation of a hazardous waste management
facility or unit does not affect the requirement of obtaining a postclosure
operating license. Owners or operators of certain facilities require operating
licenses that are issued pursuant to part 111 of the act and, in addition,
permits that are issued pursuant to other programs for certain aspects of the
facility operation. Operating licenses that are issued pursuant to
part 111 of the act are required for all of the following:
(a) Injection wells that dispose of hazardous waste, except as provided by R 299.9503(3)(a).
(b) The treatment, storage, or disposal of hazardous waste at facilities that require a permit pursuant to part 31 of the act, except as provided by R 299.9503(3)(b).
(c) Barges or vessels that dispose of hazardous waste by ocean disposal and onshore hazardous waste treatment or storage facilities that are associated with an ocean disposal operation.
(2)
An owner or operator of a facility that is licensed pursuant to part 111
of the act on the effective date of these rules may continue to operate under
the existing license if all of the following conditions are met:
(a)
The facility is being operated in compliance with its existing operating
license,; the applicable statutory and regulatory requirements
promulgated under part 111 of the act after license issuance, as required
pursuant to R 299.9516,; and all other applicable
environmental statutes.
(b) The facility is either of the following:
(i)
A facility whichthat qualifies for interim status pursuant to
40 C.F.R. §270.70 and which is in compliances
with all of the following provisions:
(A)
Has filed a part A application pursuant to 40 C.F.R. §270.10(e).
(B)
Has amended the part A application, as necessary, pursuant to 40 C.F.R. §270.10(g).
(C)
Has not had interim status terminated pursuant to 40 C.F.R. §270.73.
(D)
Has complied with the applicable provisions of 40 C.F.R.
part 265 and §270.71 and the applicable provisions of parts 6 and 8
of these rules.
(E)
Has not made changes to the hazardous waste management facility during interim
status that amount to reconstruction of the facility. Reconstruction occurs
when the capital investment in the changes to the facility is more than 50% of
the capital cost of a comparable entirely new hazardous waste management
facility. Changes pursuant to this subparagraph do not include changes made
solely for the purpose of complying with the requirements of
R 299.9615 for tanks and ancillary equipment. Changes pursuant to this
subparagraph do not include changes made solely for the purposes of
managing wastes generated from releases that originate within the facility
boundary, pursuant to R 299.9503(4)(c).
(ii)
A facility whichthat is permitted pursuant to 40 C.F.R. part 270
and which is in compliances with the permit or license
issued.
(c) The owner or operator submits an application for a new license to the director not less than 180 days before license expiration.
(d) The owner or operator complies with all applicable requirements of parts 6, 7, and 8 of these rules.
(3) An owner or
operator of a storage facility that is in existence on March 30, 1983, and
that is subject to the licensing requirements of part 111 of the act solely due
to the 1982 amendments to part 111 of the act may continue to operate until
such time as the director acts upon the facility's application for an
operating license, if all of the following conditions are met:
(a)
The facility which is in compliances with
subrule (2)(b) of this rule.
(b) The owner or operator submits a complete operating license application within 180 days after being requested to do so by the director.
(c) The owner or operator complies with the applicable requirements of parts 6, 7, and 8 of these rules and all applicable environmental statutes.
(4)
The owner or operator of a treatment, storage, or disposal facility that is in
existence on the effective date of amendments to part 111 of the act or
these rules that render the facility subject to the licensing requirements of
part 111 of the act may continue to operate until such time as the
director acts upon the owner or operator's application for an operating
license, if the conditions of subrule (3)(a), (b), and (c) of this rule
are met.
(5)
An owner or operator of a facility that is in existence on January 1,
1980, and whichthat is subject to the licensing requirements of
part 111 of the act, but whichthat has not yet obtained an
operating license pursuant to part 111 of the act, may continue to operate
until such time as the director acts upon the facility's application for
an operating license if the owner or operator meets the conditions of
subrule (3)(a), (b), and (c) of this rule.
(6) Allowing continued operation pursuant to subrules (2) to (5) of this rule does not do any of the following:
(a) Reduce the owner or operator's responsibility to dispose of all hazardous waste in a manner that protects the environment and human health.
(b) Eliminate or reduce past, present, or future liability incurred during the operation.
(c) Restrict the ability of state or local governmental agencies to take action to enforce existing laws, statutes, rules, or regulations.
(7)
A person who proposes to initiate the operation of any treatment, storage, or
disposal facility shall submit, to the director, on forms provided by the
director or his or herthe director’s designee, an operating
license application that sets forth the information required by
R 299.9508.
(8)
Owners or operators of surface impoundments, land treatment units, and waste
piles closing by removal or decontamination pursuant to 40 C.F.R. part 265
standards shall obtain an operating license for the postclosure period, unless
the owners or operators can provide an equivalency demonstration to the
director that the closure met the standards for closure by removal or
decontamination specified in 40 C.F.R. §§264.228,
264.280(e), or 264.258, respectively. The demonstration mustshall
be made as follows:
(a)
If the owner or operator has submitted an operating license application for the
postclosure period, the owner or operator may request a determination, based on
information contained in the application, that 40 C.F.R. part 264
closure‑by‑removal standards were met. If the director determines
that 40 C.F.R. part 264 standards were met,
then he or shethe director shall notify the public of his or
hertheir proposed decision, allow for public comment, and reach a
final determination according to the procedures in subrule (9) of this
rule.
(b)
If the owner or operator has not submitted an operating license for the
postclosure period, then the owner or operator may petition the director for a
determination that an operating license for the postclosure period is not
required because the closure was in compliances with the
applicable 40 C.F.R. part 264 closure
standards. The petition mustshall include all data whichthat
demonstrates that closure by removal or decontamination standards were met, or
the petition mustshall demonstrate that the unit closed pursuant
to state requirements that met or exceeded the applicable 40 C.F.R. part 264
closure by removal standard. The director shall approve or deny the petition
according to the procedures outlined in subrule (9) of this rule.
(9)
If a facility owner or operator seeks an equivalency demonstration pursuant to
subrule (8) of this rule, the director shall do all of the following:
(a) Provide the public, through a newspaper notice, the opportunity to submit written comments on the information submitted by the owner or operator within 30 days from the date of the notice.
(b)
In response to a request, hold a public hearing concerning the equivalence of
the 40 C.F.R. part 265 closure to a
40 C.F.R. part 264 closure and give public
notice of the hearing not less than 30 days before it occurs.
(c)
Determine whether the 40 C.F.R. part 265
closure met the 40 C.F.R. part 264 closure
by removal or decontamination requirements within 90 days of receipt of
the petition.
(d)
If the director finds that the closure did not meet the applicable standards of
40 C.F.R. part 264, then provide the owner or
operator with a written statement of the reasons why the closure failed to meet
40 C.F.R. part 264 standards.
(10)
If the director determines, pursuant to subrule (9) of this rule, that a
closure was not in compliance with the applicable 40 C.F.R.
part 264 standards, then the owner or operator may submit additional
information in support of an equivalency demonstration within 30 days
after receiving a written statement from the director. The director shall
review any additional information submitted and make a final determination
within 60 days. If the director determines that the facility did not close
pursuant to 40 C.F.R. part 264 closure by
removal standards, then the facility is subject to operating license
requirements for the postclosure period.
(11)
Owners or operators of waste military munitions treatment and disposal
facilities may continue to accept waste munitions if all of the
following conditions are met:
(a)
The facility was in existence as a hazardous waste facility and already
licensed to handle waste military munitions, on the effective date on which the
waste munitions became subject to regulation under these rules.
(b)
On or before the effective date on which the waste military munitions
became subject to regulation under these rules, the licensee submits an
operating license modification to remove or amend the license provisions whichthat
restrict the receipt of off-site waste munitions.
(c) The licensee submits
a complete modification request within 180 days of the effective date on whichthat
the waste munitions became subject to regulation under these rules.
(12)
At the discretion of the director, an owner or operator may obtain, in place of
an operating license for the postclosure period, an enforceable document that
satisfies the requirements of R 299.9508(3) and (4), R 299.9612, and
R 299.9629. The director, in issuing enforceable documents under this
subrule, shall asensure a meaningful opportunity for public
involvement which, at a minimum, includes public notice and opportunity for
public comment when the department becomes involved in a remediation at the
facility as a regulatory or enforcement matter, on the proposed preferred
remedy and the assumptions upon which the remedyies are is
based on, in particular those related to land use and site
characterizations, and at the time of a proposed decision that remedial action
is complete at the facility. The public notice and public comment requirements
of this subrule may be modified if the facility meets either of the following
conditions:
(a)
If the director determines that even a short delay in the implementation of a
remedy would adversely affect human health or the environment, the director may
delay compliance with the public notice and public comment requirements of this
subrule and implement the remedy immediately. However, the director shall asensure
involvement of the public at the earliest opportunity, and, in all cases, upon
making the decision that additional remedial action is not needed at the
facility.
(b)
The director may allow a remediation initiated before October 22, 1998, to
substitute for corrective action required under a postclosure license even if
the public involvement requirements of this subrule have not been met so
long asif the director asensures that notice and
comment on the decision that no further remediation is necessary to protect
human health and the environment takes place at the earliest reasonable
opportunity after October 22, 1998.
(13)
The provisions of 40 C.F.R. §§264.96,
264.117, 265.111, 265.114, 270.10(e) and (g), 270.70, 270.71, and 270.73 and
part 265, except subparts E, H, and DD and 40 C.F.R. §§265.112(d)(1),
265.115, and 265.120, are adopted by reference in R 299.11003, with the
exception that the word "director" shall replaces the
term "regional administrator."
R 299.9503 Operating licenses; exemptions.
Rule 503. (1)
The following persons do not require an operating license under part 111
of the act, MCL 324.11101 to 324.11153:
(a) Persons who own or
operate a facility that treats, stores, or disposes of hazardous waste in
compliance with parts 31, 55, and 115 of the act, MCL 324.3101 to
324.3134, 324.5501 to 324.5542, and 324.11501 to 324.11554, if the only
hazardous wastes the facility treats, stores, or disposes of are excluded from
regulation under R 299.9304.
(b) Generators who accumulate hazardous waste on-site for less than the time periods provided in R 299.9305 to R 299.9307.
(c) Farmers who dispose of waste pesticides from their own use in compliance with R 299.9204(3)(b).
(d) Owners or operators of totally enclosed treatment facilities.
(e) Owners or operators of elementary neutralization units.
(f) Owners or operators of wastewater treatment units if the following conditions, as applicable, are met:
(i) The units are subject
to regulation under section 402 or 307(b) of the federal clean water act,
33 USC 1342 orand 1317(b).
(ii) The units are
located on the site of a generator and do not treat hazardous waste from any
other generator unless the waste is shipped entirely by pipeline, or
the off‑site generator has the same owner as the facility at whichwhere
the unit is located.
(iii) If an owner or operator is diluting D001 waste, other than D001 high TOC subcategory waste as defined in 40 CFR 268.40, or D003 waste, to remove the hazardous characteristic before land disposal, the owner or operator complies with the requirements of 40 CFR 264.17(b) and 265.17(b), as applicable.
(g) Transporters storing manifested shipments of hazardous waste in containers at a transfer facility for a period of 10 days or less if the transfer facility requirements of R 299.9404 are met.
(h) Persons adding
absorbent material to hazardous waste in a container, and persons adding
hazardous waste to absorbent material in a container, if all of the
following conditions are met:
(i) The actions occur at the site of generation when hazardous waste is first placed in the container.
(ii) Liquids are not absorbed in materials that biodegrade or that release liquids when compressed.
(iii) The provisions of
40 CFR 264.17(b), 264.171, and 264.172 are met. (i) Generators
who have on‑site treatment facilities if a generator complies with all of
the following requirements:
(i) All treatment is conducted in either containers or tanks.
(ii) If the treatment
occurs in containers, then all of the following requirements are met:
(A) The requirements of 40 CFR part 265, subpart I, except 40 CFR 265.173.
(B) The containers holding hazardous waste are always closed, except when it is necessary to add, remove, or treat the waste.
(C) The containers holding hazardous waste are not opened or handled in a manner that may rupture the containers or cause them to leak.
(D) The containment requirements of 40 CFR 264.175.
(E) The generator documents the inspections required under 40 CFR 265.174.
(iii) If the treatment occurs in tanks, the requirements of 40 CFR part 265, subpart J, except for 40 CFR 265.197(c) and 265.200.
(iv) The requirements of 40 CFR part 265, subpart C.
(v) The area where the waste is treated is protected, as appropriate for the type of waste being treated, from weather, fire, physical damage, and vandals.
(vi) Hazardous waste
treatment is conducted so that hazardous waste or hazardous waste constituents
cannot escape by gravity into the soil, directly or indirectly, into surface or
groundwaters, or into drains or sewers and so that fugitive emissions are not
in violation of part 55 of the act, MCL 324.5501 to 324.5542.
(vii) The closure standards of 40 CFR 265.111 and 265.114.
(viii) All treatment is completed within 90 days from the date that accumulation of the waste began if the generator is a large quantity generator or within 180 days from the date that the accumulation of the waste began if the generator is a small quantity generator.
(ix) Documentation is maintained on-site that specifies the date that accumulation of the waste began, the date that treatment of the waste began, and the date that treatment of the waste was completed.
(x) The requirements of R 299.9602, R 299.9603(1)(b) to (f) and (4), R 299.9604, R 299.9627, and R 299.9633.
(j) Universal waste handlers and universal waste transporters when handling the wastes identified in R 299.9228(1). Universal waste handlers and universal waste transporters are subject to R 299.9228 when handling the universal wastes identified in R 299.9228(1).
(k) Owners or operators whothat
use a pipeline for the sole purpose of transferring wastes to and from
treatment or storage tanks at the facility and bulk railcars at an off‑site
transfer facility, if all of the following requirements are met:
(i) The pipeline is owned and operated by the owner or operator.
(ii) The pipeline meets the requirements for ancillary equipment under 40 CFR part 264, subpart J.
(iii) Wastes are not stored in the pipeline.
(iv) The owner or operator establishes as part of their waste analysis plan procedures for receipt of the wastes by the facility to and from the transport vehicle.
(v) The owner or operator uses the pipeline solely as a method of transferring wastes and not as an extension of the facility boundary beyond the area specified in their current operating license or authorization.
(l) Owners or operators of
facilities whichthat store military munitions that have been
classified as a waste in accordance with part 2 of these rules unless
otherwise specified in R 299.9817.
(m) Reverse distributors that accumulate potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals if the requirements of R 299.99824 to R 299.9833 instead of part 6 of these rules for the accumulation of potentially creditable are met.
(2) A person whothat
is engaged in treatment or containment activities during immediate response to
a discharge of a hazardous waste,; an imminent and substantial
threat of a discharge of hazardous waste,; a discharge of a
material that, when discharged, becomes a hazardous waste,; or an
immediate threat to human health, public safety, property, or the environment,
from the known or suspected presence of military munitions, other explosive
material, or an explosive device, as determined by an explosive or munitions
emergency response specialist shall not be subject to the operating license
requirements of part 111 of the act, MCL 324.11101 to 324.11153,
and these rules. Any person whothat continues or initiates
hazardous waste treatment or containment activities after the immediate
response is over is subject to all applicable requirements of this part and
part 6 of these rules, except as provided in subrule (4) of this
rule. In the case of an explosives or munitions emergency response, if a
federal, state, tribal or local official acting within the scope of his or
hertheir official responsibilities, or an explosives or munitions
emergency response specialist, determines that immediate removal of the
material or waste is necessary to protect human health or the environment, that
official or specialist may authorize the removal of the material or waste by
transporters who do not have EPA identification numbers. In the case of
emergencies involving military munitions, the responding military emergency
response specialist's organizational unit shall retain records for 3 years
identifying the dates of the response, the responsible persons responding, the
type and description of material addressed, and its disposition.
(3) The
following are considered to have an operating license and are not subject to
the operating license requirements of part 111 of the act, MCL
324.11101 to 324.11153, and these rules for new facilities or expanded,
enlarged, or altered existing facilities if the listed conditions are met:
(a) The owner or operator
of an injection well disposing of hazardous waste, if the owner or operator
meets all of the following requirements:
(i) Has a permit for underground injection that is issued pursuant to 40 CFR parts 124, 144, 145, 146, and 147, subpart X.
(ii) Complies with the conditions of the permit and the requirements of 40 CFR 144.14.
(iii) Has a permit that is issued after November 8, 1984 for underground injection that is issued pursuant to 40 CFR parts 124,
144, 145, 146, and 147, subpart X, and that is issued after
November 8, 1984, and complies with both of the following:
(A) R 299.9629,
Corrective action.
(B) Where the underground injection well is the only unit at a facility that requires a permit, complies with 40 CFR 270.14(d).
(b) The owner or operator
of a publicly owned treatment works that accepts hazardous waste for treatment
if the waste is in compliances with all federal, state,
and local pretreatment requirements that would be applicable to the waste if it
were being discharged into the publicly owned treatment works (POTW) through a
sewer, pipe, or similar conveyance, if the owner or operator has a national
pollutant discharge elimination system (NPDES) permit and the owner or operator
complies with the conditions of the permit, and if the owner or operator
complies with all of the following requirements:
(i) 40 CFR 264.11, Identification number.
(ii) R 299.9608,
Use of manifest system.
(iii) R 299.9609,
Operating record; availability, retention and disposition of records.
(iv) R 299.9610,
Reporting.
(v) For NPDES permits
issued after November 8, 1984, R 299.9629, Corrective action.
(4) The director shall exempt
persons whothat conduct the following activities from the operating
license requirements of part 111 of the act, MCL 324.11101 to
324.11153, and these rules, but only if the exemption does not constitute a
less stringent permitting requirement than is required under RCRA:
(a) The treatment of hazardous waste during the closure of a treatment, storage, or disposal unit, if both of the following conditions apply:
(i) The treatment occurs at the site of generation.
(ii) The treatment is
authorized in a closure plan approved by the director or his or herthe director’s
designee.
(b) Closure of an existing
surface impoundment for hazardous waste that is closed as a landfill pursuant
to R 299.9616(3), if the closure is authorized in a closure plan approved
by the director or his or herthe
director’s designee and an operating
license is obtained for the postclosure period.
(c) The
treatment, storage, or disposal of hazardous waste at the individual site of
generation if conducted solely in response to, or as corrective action under,
and in full compliance with, a plan developed or approved by the director, or his
or herthe
director’s designee, under parts 31, 111,
201, or 213 of the act, MCL 324.3101 to 324.3134, 324.11101 to 324.11153,
324.20101 to 324.20142, and 324.21301a to 324.21334, or an administrative
or judicial consent order to which the director is a party and if the
treatment, storage, or disposal is conducted in accordance with the technical
standards of part 6 of these rules.
(d) Treatment, storage, or disposal of hazardous waste at the individual site of generation, if conducted solely in response to, or as a corrective action under, and in full compliance with CERCLA.
(5) 40 CFR parts 124, 144, 145, 146, 147, and 265, subparts I and J, except 40 CFR 265.197(c) and 265.200, and 40 CFR 264.11, 264.17(b), 264.171, 264.172, 264.175, 265.111, 265.114, and 268.7(a)(4) are adopted by reference in R 299.11003.
R 299.9504 Operating license application for new facilities; the expansion, enlargement, or alteration of existing facilities; content.
Rule
504. (1) In addition to the information required pursuant to subrule (18)
of this rule, all applications for an operating license for a new facility or
the expansion, enlargement, or alteration of an existing facility mustshall
include all of the following items:
(a) An application fee or deposit as calculated pursuant to R 299.9507.
(b)
General information that is required pursuant to 40 C.F.R. §
270.13.
(c)
General information that is required pursuant to 40 C.F.R. §
270.14(b) and (d).
(d) A hydrogeological report that contains the information required pursuant to R 299.9506.
(e)
An environmental assessment, including a failure mode assessment that provides
an analysis of the potential major methods by which safe handling of hazardous
wastes may fail at a treatment, storage, or disposal facility. The owner or
operator of a facility that stores, treats, or disposes of hazardous waste in a
surface impoundment or a landfill shall include, in the environmental
assessment, information that is reasonably ascertainable by the owner or
operator on the potential for the public to be exposed to hazardous wastes or
hazardous constituents through releases related to the unit. At a minimum, the
information mustshall address all of the following
subjects:
(i) Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit.
(ii) The potential pathways of human exposure to hazardous waste or constituents resulting from the releases described in paragraph (i) of this subdivision.
(iii) The potential magnitude and nature of the human exposure resulting from the releases described in paragraph (i) of this subdivision.
(f)
An environmental monitoring program that is in compliances
with R 299.9611.
(g)
Engineering plans of all process equipment and containment structures at the
facility. The plans mustshall be prepared and sealed by a
registered professional engineer and shall include all of the
following information:
(i) Plan views, elevations, sections, and supplementary views that, together with general layout drawings, provide working information for the review of the facility.
(ii) Specifications on all construction materials and installation methods.
(iii) The basis of design for all process equipment and containment structures.
(iv) A flow diagram of the entire treatment, storage, or disposal process.
(v) The design capacity of each process.
(h) A written summary of the comments received at the preapplication meeting required by R 299.9511(1) and the applicant's response to the comments, including any revisions to the application.
(2)
Applicants proposing to store containers of hazardous waste shall submit the
information required pursuant to 40 C.F.R. § 270.15(a)
to (e) in an operating license application for a new facility or the expansion,
enlargement, or alteration of an existing facility.
(3)
Applicants proposing to store or treat hazardous waste in tanks shall submit
the information required pursuant to 40 C.F.R. §
270.16(a) to (k) in an operating license application for a new facility or the
expansion, enlargement, or alteration of an existing facility.
(4)
Applicants proposing to incinerate or thermally treat hazardous waste in a
hazardous waste incinerator that becomes subject to the licensing requirements
of these rules after October 12, 2005, and applicants of existing
hazardous waste incinerators shall submit either of the following in an
operating license application for a new facility or the expansion, enlargement,
or alteration of an existing facility. If the owner or operator demonstrates
compliance with the air emission standards and limitations in 40 C.F.R. part 63,
subpart EEE, by conducting a comprehensive performance test and submitting
to the director a notification of compliance under 40 C.F.R. §§
63.1207(j) and 63.1210(b) which documents compliance with all applicable
requirements of 40 C.F.R. part 63,
subpart EEE, then the requirements of this subrule do not apply, except
those provisions the director determines are necessary to ensure compliance
with 40 C.F.R. §§ 264.345(a) and (c) if the
owner or operator elects to comply with 40 C.F.R. §
270.235(a)(1)(i) to minimize emissions of toxic compounds from startup,
shutdown, and malfunction events. The director may apply this subrule, on a
case‑by‑case basis, for collecting information pursuant to
subrules (18) and (20) of this rule and R 299.9521(3)(b) and (c):
(a) A trial burn
plan containing the information listed in 40 C.F.R. §270.62(a)
to (d) and a statement that suggests the conditions necessary to operate in
compliance with the performance standards of 40 C.F.R. §
264.343 during the trial burn. The statement mustshall include, at a
minimum, restrictions on waste constituents, waste feed rates, and the
operating parameters identified in 40 C.F.R. § 264.345.
(b)
In place of a trial burn plan, the information specified in 40 C.F.R. §
270.19(c). The director shall approve an application without a trial burn plan
if he or shethe director determines both of the following:
(i) The wastes are sufficiently similar.
(ii)
The incinerator units are sufficiently similar and the data from other trial
burns are adequate to specify operating conditions that will ensure that the
performance standards of 40 C.F.R. § 264.343 will
beare met by the incinerator.
(5)
Applicants proposing to treat hazardous waste shall submit all of the
following information in an operating license application for a new facility or
the expansion, enlargement, or alteration of an existing facility:
(a) A demonstration of how the method and process proposed for the treatment of each hazardous waste will do any of the following:
(i) Change the physical, chemical, or biological character or composition of the waste.
(ii) Neutralize the waste.
(iii) Recover energy or material resources from the waste.
(iv) Render the waste nonhazardous, safer for handling or transport, amenable to recovery, amenable to storage, or reduced in volume.
(v) Chemically bind or render the toxic constituents nonhazardous rather than only diluted.
(b) The proper treatment technique, the proper feed rates of treatment chemicals or reagents, and the proper operating conditions, such as temperature, pressure, and flow rate, for the types of hazardous wastes proposed for treatment, and the accuracy of the devices intended to measure these parameters.
(c)
If the hazardous waste or treatment chemicals or reagents will have any
detrimental effect on the materials used for construction, such as causing
corrosion, dissolution, saltings, or sealings. If detrimental effects are
possible, then the method of controlling them mustshall be
specified.
(d) If the hazardous waste contains any constituents or contaminants that may interfere with the intended treatment process or decrease the effectiveness of the treatment and, if so, how the interferences will be controlled.
(e) If the hazardous waste contains constituents or contaminants that may cause the release of toxic gases or fumes during the intended treatment and, if so, how they will be controlled.
(f) If the hazardous waste contains constituents or contaminants that may form toxic constituents with the treatment chemicals or reagents during the intended treatment and, if so, how they will be controlled.
(g) Trial tests, including bench scale, pilot plant scale, or other appropriate tests, on each hazardous waste that is new or significantly different from hazardous waste previously treated to verify the information required in subdivision (b) of this subrule.
(6) Applicants proposing to treat or store hazardous wastes in surface impoundments shall submit the following information in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility:
(a)
The information required for surface impoundments pursuant to 40 C.F.R. §
270.17(a) to (j).
(b) Information on the proposed liner, leachate collection, and leak detection, collection, and removal systems, as specified in R 299.9505.
(7) Applicants proposing to treat or store hazardous waste in waste piles shall submit the following information in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility:
(a)
The information required for waste piles pursuant to 40 C.F.R. §
270.18.
(b) For new waste piles, information on the proposed liner, leachate collection, and leak detection, collection, and removal systems, as specified in R 299.9505.
(8)
Applicants proposing to landfill hazardous waste shall submit all of the
following information in an operating license application for a new facility or
the expansion, enlargement, or alteration of an existing facility:
(a)
The information required for landfills pursuant to 40 C.F.R. § 270.21.
(b) Information on the proposed liner, leachate collection, and leak detection, collection, and removal systems, as specified in R 299.9505.
(c) Detailed engineering plans and an engineering report describing the final cover that will be applied to the landfill or each landfill cell pursuant to R 299.9619.
(9)
Applicants proposing to dispose of hazardous wastes by land treatment shall
submit the information required pursuant to 40 C.F.R. § 270.20
in an operating license application for a new facility or the expansion,
enlargement, or alteration of an existing facility.
(10)
Applicants proposing facilities that treat, store, or dispose of hazardous
waste in miscellaneous units shall submit the information required pursuant to
40 C.F.R. § 270.23 in an operating license
application for a new facility or the expansion, enlargement, or alteration of
an existing facility.
(11)
Applicants proposing facilities that store or dispose of hazardous waste in an
underground mine or cave shall submit all of the following information
in an operating license application for a new facility or the expansion,
enlargement, or alteration of an existing facility:
(a) A geologic report that contains the following information:
(i)
For the receiving formation and other formations that are within 30 feet above
and below the receiving formation, an applicant shall provide all of the
following information:
(A) The depth from the surface.
(B) Thickness.
(C) Permeability.
(D) Solubility.
(E) Reactivity.
(F) Compatibility.
(G) Composition.
This information mustshall
be obtained by performing not less than 5 borings for the first 5 acres of
the entire mine or cave and 3 borings for each additional 5 acres. Each
boring site mustshall consist of a ceiling boring and a floor
boring.
(ii)
For the formations that are overlying the receiving formation for a lateral
extent of not less than 5 miles from the facility boundary, an applicant
shall provide all of the following information:
(A) The depth from the surface.
(B) Thickness.
(C) Composition.
(D) The identification of water, oil, or gas‑bearing formations.
This information mustshall
be obtained from existing geological information and reports.
(b)
An assessment of the potential for water intrusion into the mine or cave. This
assessment mustshall be used in the evaluation pursuant to
R 299.9628(3)(a).
(c) Information on the means of transporting waste from any surface operation to the final disposal or storage area in the receiving formation and information on the means of preventing the release of hazardous constituents during transportation.
(d) An assessment of the structural stability of the mine or cave.
(e) Information on the proposed means of controlling the use, access, and penetration of the mine or cave.
(f) A demonstration that a sufficient buffer zone or other control exists to ensure that off‑site activities will not adversely impact the integrity of the mine or cave.
(g) A proposed means of correlating waste placement locations to surface locations and a waste placement map.
(h)
A proposed means of managing water in the mine or cave so as to maintain
the integrity of the mine or cave and protect human health and the environment
throughout the facility's active life and after closure of the facility.
(12)
Applicants proposing hazardous waste treatment, storage, or disposal facilities
that have process vents to which R 299.9630 applies shall submit the
information required pursuant to 40 C.F.R. § 270.24
in an operating license application for a new facility or the expansion,
enlargement, or alteration of an existing facility.
(13)
Applicants proposing hazardous waste treatment, storage, or disposal facilities
that have equipment to which R 299.9631 applies shall submit the
information required pursuant to 40 C.F.R. § 270.25
in an operating license application for a new facility or the expansion,
enlargement, or alteration of an existing facility.
(14)
Applicants proposing treatment, storage, or disposal facilities that collect,
store, or treat hazardous waste on drip pads shall submit the information
required pursuant to 40 C.F.R. § 270.26 in
an operating license application for a new facility or the expansion,
enlargement, or alteration of an existing facility.
(15)
Applicants proposing to burn hazardous waste in a boiler or industrial furnace
shall submit the information required pursuant to 40 C.F.R. § 270.22
in an operating license application for a new facility or the expansion,
enlargement, or alteration of an existing facility.
(16)
Applicants proposing hazardous waste treatment, storage, or disposal facilities
that have tanks, surface impoundments, or containers to which R 299.9634
applies shall submit the information required pursuant to 40 C.F.R. §
270.27 in an operating license application for a new facility or the expansion,
enlargement, or alteration of an existing facility.
(17)
Operating license applications for a new facility or the expansion,
enlargement, or alteration of an existing facility mustshall be
signed and certified pursuant to 40 C.F.R. § 270.11.
In addition, the application mustshall be signed by the
titleholder of the land upon which the facility is proposed to be located.
(18) The director may require a licensee or applicant to submit additional information to establish license conditions pursuant to R 299.9521.
(19)
A licensee or applicant may demonstrate to the director, or his or herthe
director’s designee, that less information than that specified in this rule
is necessary to determine conformance with the requirements of part 6 of
these rules and establish license conditions pursuant to this part. If the
licensee or applicant demonstrates that less information is required, the
director, or his or herthe director’s designee, shall waive the
information requirement, except that the director, or his or herthe
director’s designee, shall not require less information than is required by
RCRA.
(20)
If the director concludes, based on 1 or more of the factors listed in
40 C.F.R. § 270.10(l)(1), that compliance with
the standards of 40 C.F.R. part 63, subpart EEE,
alone may not be protective of human health or the environment, the director
shall require additional information or assessments to determine if additional
controls are necessary to ensure protection of human health and the
environment. This includes information necessary to evaluate the potential
risk to human health or the environment resulting from both direct and indirect
exposure pathways. The director may also require a licensee or applicant to
provide the information necessary to determine if such an assessment
should be required.
(21)
The provisions of 40 C.F.R. §§ 264.343, 264.345,
266.102(e), 266.104 to 266.107, 270.10(l)(1), 270.11, 270.13, 270.14(b) and
(d), 270.15(a) to (e), 270.16(a) to (k), 270.17(a) to (j), 270.18, 270.19(c),
270.20, 270.21, 270.22, 270.23, 270.24, 270.25, 270.26, 270.27, 270.62(a) to
(d), 270.66, and 270.235(a)(1)(i) are adopted by reference in R 299.11003,
with the exception that the term "waste management unit" shall replaces
the term "solid waste management unit."
R 299.9505 Operating license application for new facilities; and expansion, enlargement, or alteration of existing facilities; liner systems for landfills, surface impoundments, and waste piles.
Rule 505. (1) Applicants proposing a landfill, surface impoundment, or waste pile shall submit the following information in the engineering report for the liner, leachate collection system, and leak detection, collection, and removal system:
(a)
Information concerning the vertical and horizontal isolation distance from
groundwater and any dewatering system necessary to meet the isolation
requirements of R 299.9603(5). All of the following information mustshall
be submitted for dewatering systems:
(i) Design calculations for drain pipe diameter and spacing.
(ii) Design features that allow cleaning of drainage pipes to prevent clogging within the system.
(iii) Evaluation of corrosive resistance and structural suitability of underdrain pipe under both static and dynamic loadings.
(b)
Information concerning soils to be used for any compacted soil liner,
including, at a minimum, all of the following:
(i) Source of the soils.
(ii) Uniformity of the soil source.
(iii) Classification of the soil under the unified soil classification system, according to ASTM standard D2487‑11, which is adopted by reference in R 299.11001.
(iv) Particle size distribution according to both sieve and hydrometer testing.
(v) The moisture‑density relationship of the soil according to the modified proctor test, ASTM standard D1557‑12, or the standard proctor test ASTM standard D698-12, which are adopted by reference in R 299.11001.
(vi)
The compaction necessary to achieve a permeability with water not greater than
1.0 x 10‑7cmcentimeters per /second.,
and the permeability of the soil under a compaction of 90% of the maximum dry
density, as determined by the modified proctor test,
ASTM standard D1557-12, or 95% of the maximum dry density, as determined
by the standard proctor test, ASTM standard D698‑12.
(vii) The permeability of the soil under the conditions of paragraph (vi) of this subdivision utilizing liquid similar to the leachate that would be expected from the proposed facility.
(viii) Procedures for complying with the quality control requirements of R 299.9621.
(c)
Information on any synthetic liner to be used, including all of the
following:
(i) Methods of storage, handling, and installation, including any written instructions from the manufacturer and procedures for complying with the quality control requirements of R 299.9621.
(ii) Physical properties of the liner material, such as the following:
(A) Thickness.
(B) Resiliency.
(C) Elongation.
(D) Tensile strength.
(E) Breaking strength.
(F) Tear strength.
(G) Dimensional stability.
(H) Bonded seam strength.
(I) Hydrostatic resistance.
(J) Ply adhesion.
(K) Volatile loss.
(L) Water extraction.
(M) Water absorption.
(iii)
Ability of liner material to maintain physical properties under all of the
following prolonged and varying conditions expected at the proposed facility:
(A) Temperature.
(B) pH.
(C) Ultraviolet radiation.
(D) Biological attack.
(E) Leachate composition.
(d)
Information on the characteristics of soils underlying any compacted or
synthetic liner. This information mustshall include all of the
following:
(i)
Settlement analysis whichthat estimates total and differential
settlement, including immediate settlement, primary consolidation, and
secondary consolidation based on maximum loading.
(ii)
Strength analysis whichthat determines the bearing capacity and
stability of the underlying soils.
(iii)
Slope stability analysis, including all of the following information:
(A) Side slope stability under excavation.
(B) Liner system stability under construction.
(C) Waste mass stability during filling sequence.
(D) Final cover stability.
(E) Long-term postclosure stability.
(iv) Performance under varying groundwater conditions.
(v) Potential for bottom heave or blowout.
(e)
Information on the design of the leachate collection system and the leak
detection, collection, and removal system., Such information shall
includeing, at a minimum, all of the following:
(i) Calculations to determine the anticipated volume of leachate to be generated.
(ii) The granular material to be used to allow adequate flow and removal of liquid and to provide an aggregate envelope for collection pipe.
(iii)
The design of collection pipe, including all of the following
information:
(A) Diameter.
(B) Perforations.
(C) Slope.
(D) Spacing.
(E) Chemical resistance.
(F) Structural integrity under static and dynamic loadings.
(iv) Procedures to prevent clogging.
(v) The design of the leachate removal system,
including all of the following information:
(A) Leachate inflow.
(B) Sump dimensions.
(C) Pump on and off levels.
(D) Effective storage volume of sump.
(E) Riser pipe.
(F) Total discharge head of pump.
(G) Pump selection.
(H) Pump cycle time.
(vi)
Calculations whichthat demonstrate that the leachate head will be
12 inches, (30 centimeters), or less above the
liner at any point, except the sump.
(f)
Information on stormwater management. Such information shall,
includeing, at a minimum, all of the following:
(i) Run-on volumes, systems, and management plans.
(ii) Runoff volumes, systems, and management plans.
(iii)
Stormwater discharge system to collect and control at leastnot less
than the water volume resulting from a 24-hour, 25-year storm.
(2)
Applicants proposing a landfill, surface impoundment, or waste pile shall
submit a construction quality assurance plan whichthat includes a
description of all of the following:
(a) The responsibility and authority of all organizations and key personnel involved in licensing, designing, and constructing the hazardous waste land disposal facility.
(b) The qualifications of inspection personnel to demonstrate that they possess the training and experience necessary to fulfill their identified responsibilities.
(c)
The observations, tests, and sampling that will be used to monitor the
installation of the hazardous waste disposal facility in accordance with
R 299.9621, including a description of all of the following:
(i) Sampling activities.
(ii) Sample size.
(iii) Frequency of testing.
(iv) Acceptance and rejection criteria.
(v) Plans for implementing corrective measures.
(d) A description of how construction quality assurance data will be recorded.
R 299.9506 Hydrogeological reports; content.
Rule
506. (1) A hydrogeological report mustshall include all of
the following information:
(a) A summary of the groundwater monitoring data
obtained during the interim status period pursuant to the provisions of
40 C.F.R. part 265, subpart F, where
applicable, and a summary of any other groundwater monitoring data
collected pursuant to state or federal law.
(b) Identification of the uppermost aquifer and aquifers hydraulically interconnected to the uppermost aquifer beneath the facility property, including groundwater flow direction and rate, and the basis for the identification.
(c) Identification of any aquifer utilized by public and private wells within 2,000 feet of the proposed site.
(d) Identification of all other aquifers evidenced by available well or boring logs.
(e)
The delineation of all of the following on the topographic map required
pursuant to the provisions of 40 C.F.R. § 270.14(b)(19):
(i)
The waste management area and any other treatment or storage areas.
(ii) The property boundary.
(iii)
The proposed point of compliance, as defined pursuant to the provisions of
40 C.F.R. § 264.95.
(iv)
The proposed location of groundwater monitoring wells as required pursuant to
the provisions of 40 C.F.R. § 264.97.
(v) To the extent possible, the information required pursuant to the provisions of subdivision (b) of this subrule.
(f) On the topographic map required pursuant to the
provisions of 40 C.F.R. § 270.13(1),
identification of all domestic, municipal, industrial, oil, and gas wells and
soil borings within 1 mile of the site in all directions for which copies
of logs are available.
(g) A description of any plume of contamination that has entered the groundwater from a hazardous waste management unit or other regulated activity at the site at the time that the application was submitted that does both of the following:
(i)
Delineates the extent of the plume on the topographic map required pursuant to
the provisions of 40 C.F.R. § 270.14(b)(19).
(ii)
For landfills, surface impoundments, land treatment units, and waste piles,
identifies the concentration of each constituent listed in the provisions of
40 C.F.R. part 261, appendix VIII,
throughout the plume or identifies the maximum concentrations of each
constituent in the plume.
(2)
A hydrogeological report mustshall include detailed plans and an
engineering report describing the proposed groundwater monitoring program to be
implemented to meet the requirements of R 299.9612 or a justification for
a waiver pursuant to the provisions of subrule (7) of this rule. The
engineering report mustshall include all of the following
information for this purpose:
(a)
Soil boring logs and the results of soil sampling from the borings that are
sufficient to adequately define soil and groundwater conditions at the site.
All of the following procedures mustshall be utilized in
collecting the data:
(i)
Not less than 5 soil borings mustshall be made for the first
5 acres of the site, and 3 borings mustshall be made
for each additional 5 acres or portion thereof. A lesser number of
borings may be made for nonactive portions of the site, such as buffer zones,
and by supplementing boring information with geophysical testing, such as
resistivity surveys. Soil borings mustshall be located in a grid
pattern so that there is a minimum of 1 boring in each major geomorphic
feature, such as ridges, lowlands, and drainage swales, and all borings mustshall
extend not less than 30 feet below proposed grade or the anticipated
bottom elevation of any installed or constructed liner.
(ii)
At each boring, soil samples mustshall be collected from each
soil layer or change in lithology. Two of the 5 soil borings that are
required by the provisions of paragraph (i) of this subdivision mustshall
be evaluated and logged using continuous sampling methods, such as continuous
tube sampling, coring, or continuously driven split spoons. For sites that are
larger than 5 acres, 1 of each of the 3 additional soil borings
that are required by the provisions of paragraph (i) of this subdivision mustshall
be evaluated and logged using continuous sampling methods. Samples that are
collected from each soil layer or change in lithology mustshall
be tested for all of the following:
(A) Particle size distribution by both sieve and hydrometer.
(B) Atterburg limits according to ASTM standard D4318‑10, which is adopted by reference in R 299.11001.
(C) Classification pursuant to the unified soil classification system, according to ASTM standard D2487‑11, which is adopted by reference in R 299.11001.
(iii)
Each soil layer at a site mustshall be evaluated for both of the
following:
(A) Moisture content, according to ASTM standards D6913-04 and D7928-16, which are adopted by reference in R 299.11001.
(B)
Permeability with water by the triaxial cell method as described in the EPA
document entitled "Soil Properties, Classification, and Hydraulic
Conductivity Testing," which is adopted by reference in R 299.11008;
constant head method, according to ASTM standard D2434‑68,
which is adopted by reference in R 299.11001; approved in‑situ field
method; or other method approved by the director. All soil samples collected
for determination of permeability mustshall be collected by
standard undisturbed soil sampling techniques, such as a 3‑inch diameter
Shelby tube or large diameter split spoon.
(iv)
Boring logs mustshall include all of the following:
(A) Soil and rock descriptions.
(B) Method of sampling.
(C) Sample depth.
(D) Date of boring.
(E) Water level measurements.
(F) Soil test data.
(G) Boring location.
(H) Standard penetration number by ASTM standard D1586‑11, which is adopted by reference in R 299.11001.
(v)
All soil borings that are not converted to observation wells pursuant to the
provisions of subdivision (b) of this subrule mustshall be
carefully backfilled, plugged, and recorded in accordance with the provisions
of the well installation and well decommissioning procedures in
ASTM standards D5092‑04 and D5299-14, or a plan approved by the
director.
(vi) All elevations mustshall be
corrected to USGS datum.
(b)
Static water level measurements from observation wells and, where appropriate,
well clusters whichthat are located at the sites of soil borings
and which are constructed in accordance with the provisions of
R 299.9612. Measurements mustshall be accurate to the
nearest 0.01 foot, corrected to USGS datum, and shall be taken from not
less than 3 observation wells and 1 well cluster for the first
5 acres of the facility or portion thereof and 1 observation well for
each additional 10 acres or portion thereof. Landfills, surface
impoundments, waste piles, and land treatment facilities mustshall
have not less than 3 well clusters established as part of the monitor well
system and at leastnot less than 1 cluster well for each
20 acres of the proposed site. All observation wells mustshall
be constructed and abandoned in accordance with the well installation and well
decommissioning procedures in ASTM standards D5092-04 and D5299-14,
or a plan approved by the director.
(c) A water level contour map based on stabilized water level readings and using values contoured on an interval of not more than 1 foot.
(d) If more than 2 well clusters have been constructed, then groundwater flow net diagrams illustrating horizontal and vertical flow directions of groundwater.
(e) The location
and depth of all observation wells and evidence that these observation wells
are located effectively to detect hazardous constituents from the facility,
based on all of the following:
(i) Groundwater flow direction.
(ii) Velocity.
(iii) Horizontal and vertical gradients.
(iv) Thickness of the saturated and unsaturated zones.
(v) The dispersion properties of hazardous waste constituents, such as the following:
(A) Specific gravity.
(B) Solubility.
(C) Chemical reactivity within the formation.
(D) Characteristics of decomposition products.
(f)
At each soil boring that is to be completed as an observation well during or
following the hydrogeologic investigation, the lithology of that soil boring mustshall
be continuously sampled, logged, and classified pursuant to the unified soil
classification system in accordance with ASTM standard D2487‑11,
which is adopted by reference in R 299.11001, from an elevation of
10 feet above the expected screened interval to the base of the borehole.
Continuous sampling tubes, coring devices, or continuously collected split
spoon samples may be used to satisfy this requirement. The director may allow the
substitution of alternate information for this requirement or waive this
requirement based on available information, site‑specific hydrogeologic
conditions, and available technology.
(3)
If the presence of hazardous constituents has not been detected in the groundwater
at the time of license application, then the owner or operator shall submit
sufficient information, supporting data, and analysis to establish a detection
monitoring program that is in compliance complies with the
requirements of R 299.9612 and the provisions of 40 C.F.R. §
264.98. The submission mustshall include all of the
following:
(a) A proposed list of primary and secondary monitoring parameters and proposed monitoring frequencies for these parameters.
(b) A proposed groundwater monitoring system.
(c)
Background values for each proposed primary and secondary monitoring parameter
or procedures to calculate suchthe values.
(d) A description of proposed sampling, analysis, and statistical comparison procedures to be utilized in evaluating groundwater monitoring data.
(e) Procedures for preventing cross‑contamination in wells during activities such as well installation, purging, or sampling.
(f) Evidence that sampling procedures and well construction materials are compatible with proposed monitoring parameters.
(4)
If the presence of hazardous constituents has been detected in the groundwater
at the point of compliance at the time of license application, the owner or
operator shall submit sufficient information, supporting data, and analysis to
establish a compliance monitoring program that is in compliances
with the requirements of R 299.9612 and the provisions of 40 C.F.R. § 264.99.
The submission mustshall include all of the following:
(a) A description of the wastes previously handled at the facility.
(b) A characterization of the contaminated groundwater, including concentrations of hazardous constituents.
(c)
A list of hazardous constituents for which compliance monitoring will be
undertaken in accordance with the provisions of R 299.9612 and 40 C.F.R. §§ 264.97
and 264.99.
(d)
Proposed concentration limits for each hazardous constituent whichthat
do not exceed the background level of that constituent in the groundwater or which
do not exceed a concentration limit that is not less stringent than allowed
pursuant to the provisions of RCRA.
(e)
Detailed plans and an engineering report describing the proposed groundwater
monitoring system in accordance with the requirements of 40 C.F.R. §
264.97.
(f) A description of proposed sampling, analysis, and statistical comparison procedures to be utilized in evaluating groundwater monitoring data.
(5)
If hazardous constituents have been measured in the groundwater that exceed the
concentration limits established pursuant to the provisions of 40 C.F.R. § 264.94(a)(2),
Table l, or if groundwater monitoring conducted at the time of the license
application indicates the presence of hazardous constituents from the facility
in groundwater over background concentrations, then the owner or operator shall
submit sufficient information, supporting data, and analyses to establish a
corrective action program that is in compliances with the
requirements of R 299.9612 and the provisions of R 299.9629. To
demonstrate compliance with the provisions of R 299.9612 and
R 299.9629, the owner or operator shall address, at a minimum, all of the
following items:
(a) A characterization of the contaminated groundwater, including concentrations of hazardous constituents.
(b)
The concentration limit for each hazardous constituent found in the
groundwater, which mustshall not exceed the background level of
that constituent found in the groundwater at the time that limit is specified
in the operating license.
(c) Detailed plans and an engineering report describing the corrective action to be taken.
(d) A description of how the groundwater monitoring program will demonstrate the adequacy of the corrective action.
(6)
For landfills, surface impoundments, waste piles, and land treatment units, a
hydrogeological report mustshall include all of the
following additional information that is necessary to determine site
suitability and facility design:
(a)
For each boring made pursuant to the provisions of subrule (2) of this
rule, all of the following tests at intervals of not more than
5 feet or change in geologic formation:
(i) Particle size distribution by both sieve and hydrometer.
(ii) Atterburg limits according to ASTM standard D4318‑10, which is adopted by reference in R 299.11001.
(iii) Classification pursuant to the unified soil classification system according to ASTM standard D2487‑11, which is adopted by reference in R 299.11001.
(b) For each boring mad pursuant to the provisions of subrule (2) of this rule, the following tests at intervals of not more than 10 feet:
(i) Permeability, by any of the following methods:
(A) The triaxial cell method, as described in the EPA document entitled "Soil Properties, Classification and Hydraulic Conductivity Testing," which is adopted by reference in R 299.11008.
(B) The constant head method, according to ASTM standard D2434‑68, which is adopted by reference in R 299.11001.
(C) An in‑situ field method approved by the director.
(D) Other methods approved by the director.
(ii) Moisture content, according to ASTM standards D6913-04 and D7928-16, which are adopted by reference in R 299.11001.
(c)
Soil boring logs and the results of soil sampling from suchthe
borings that are sufficient to adequately define bedrock conditions at the
site.
(d) Additional information for determining the geotechnical characteristics of each soil layer at the site, such as any of the following:
(i) Shear strength.
(ii) In‑situ density.
(iii) Specific gravity.
(iv) Stress deformation.
(v) Shrinkage limit.
(vi) Clay mineralogy.
(vii) Information on the presence of cracks, fissures, and other voids that may increase the effective permeability of the soil.
(e)
A series of geologic cross sections or fence diagrams referenced to a site map
and illustrating all of the following:
(i) Existing topography.
(ii) Soil borings.
(iii) Soil classification.
(iv) Stratigraphy and other properties.
(v) Bedrock.
(vi) Wells.
(vii) Stabilized water level readings and proposed site grades.
(f)
Water budget calculations under present site conditions, future active
operations, and, for disposal facilities, the postclosure period. The
calculations mustshall consider all of the following
factors:
(i) Precipitation.
(ii) Evaporation.
(iii) Runoff.
(iv) Infiltration.
(v) Evapotranspiration.
(vi) Groundwater flow velocities and volume.
(vii) Soil moisture‑holding capacity.
(viii) For disposal facilities, the capacity of proposed waste types to hold moisture.
(7) The director may waive or substitute alternate information for the information specified in subrule (2) or (6) of this rule based on site‑specific considerations and available technology.
(8) The provisions of 40 C.F.R. §§ 264.94(a)(2),
table 1, 264.95, 264.97, 264.98, 270.13(l), and 270.14(b)(19) and
part 265, subpart F, are adopted by reference in R 299.11003.
R 299.9507 Operating license for new facilities; and expansion, enlargement, or alteration of existing facilities; application fees.
Rule
507. (1) The applicant shall calculate the operating license for new
facilities and the expansion, enlargement, or alteration of existing facilities
application fee by totalling the appropriate fees in table 501 of
R 299.9523. Each application requires a separate application fee.
(2)
A check made payable to the sState of Michigan for the calculated
fee mustshall be attached to the application for an operating
license for new facilities and the expansion, enlargement, or alteration of
existing facilities. The check mustshall include the term “HWOL”
in the comment section.
(3)
If an operating license application for a new facility or the expansion,
enlargement, or alteration of an existing facility is not resubmitted after
being found to be administratively incomplete, the application fee, minus the
cost of all public notices published or broadcast, mustshall be
refunded.
(4)
If an operating license application for a new facility or the expansion,
enlargement, or alteration of an existing facility is denied, no portion of the
application fee ishall be refunded.
(5)
An applicant whothat makes a reapplication for a revised proposal
within 6 months of denial shall be assessed only the actual costs to
review the revised proposal. These actual costs mustshall not
exceed the calculated fee from table 501 of R 299.9523.
(6)
An applicant whothat withdraws an operating license application
for a new facility or the expansion, enlargement, or alteration of an existing
facility within 14 days of receipt by the director is entitled to a
refund of shall have 70% of the original application fee, minus the
cost of all public notices published or broadcast, refunded.
(7)
An applicant whothat withdraws an operating license application
for a new facility or the expansion, enlargement, or alteration of an existing
facility within 30 days of receipt by the director is entitled to a
refund ofshall have 35% of the original application fee, minus the
cost of all public notices published or broadcast, refunded.
(8)
An applicant whothat withdraws an application between 30 and
60 days after receipt by the director shall beis entitled to a
refund of issued a refund which is equal to 20% of the original application
fee, minus the cost of all public notices published or broadcast.
R 299.9508 Operating license application for existing facilities; contents.
Rule
508. (1) An application for an operating license for existing facilities mustshall
include all of the following, except as provided for in
subrule (3) of this rule:
(a)
The names and addresses of the owner and the operator, including the name and address
of the titleholder of the land on which the treatment, storage, or disposal
facility is constructed; the location and description of the disposal facility;
and other information pertinent to evaluation of the facility whichthat
is required by the director on an application form provided by the director.
(b) All information required for an operating license application for new facilities or the expansion, enlargement, or alteration of existing facilities pursuant to R 299.9504.
(c)
For a treatment, storage, or disposal facility whichthat has an
operating license for a new facility or the expansion, enlargement, or
alteration of an existing facility under part 111 of the act, any
revisions to the cost estimates for closure and for postclosure maintenance and
monitoring submitted with the operating license application for the new
facility or the expansion, enlargement, or alteration of an existing facility,
and a written certification of construction pursuant to sections 11123(2)
and 11125(9) of part 111 of the act, MCL 324.11123 and
324.11125.
(d)
A certification of the treatment, storage, or disposal facility's capability
for disposing of hazardous waste, except as provided in subdivision (g) of
this subrule. The certification mustshall be prepared and sealed
by a registered professional engineer.
(e) Proof of financial capability as required by part 7 of these rules.
(f) Proof of issuance of all necessary state environmental permits for construction and operation of the treatment, storage, or disposal facility or portion of the facility.
(g)
An owner or operator of a facility whichthat meets the criteria
of R 299.9502(2), (3), and (4) whothat cannot demonstrate
compliance as required under sections 11123(2) and 11125(9) of
part 111 of the act, MCL 324.11123 and 324.11125, shall submit
a written program designed to bring the facility into compliance with
part 111 of the act and these rules within 2 years from the date of
license issuance. At a minimum, the program mustshall specify
the necessary modifications to any procedure, equipment, process, or portion of
the facility, together with the expected dates of completion. The provisions of
this subdivision may only be exercised in the first operating license
application after the effective date of these rules and mustshall
not be exercised in subsequent applications for license renewal.
(h) An application fee of $500.00.
(i)
For a landfill, proof that an instrument imposing a restrictive covenant upon
the land involved has been executed by all the owners of the tract of land upon
whichwhere the landfill is to be located and by the director, as
required by section 11139 of part 111 of the act,
MCL 324.11139.
(2)
The director shall waive the hydrogeological report requirements of
R 299.9506 for existing facilities other than landfills, surface
impoundments, waste piles, or land treatment facilities if all treatment,
storage, and waste‑handling activities take place inside or under a
structure that provides protection from precipitation and run-on and if
the facility is in compliances with part 6 of these
rules.
(3)
An application for an operating license for the postclosure period mustshall
include all of the following information, unless the director determines
that additional information specified in R 299.9505, R 299.9506, or
R 299.9508 is necessary:
(a)
The information specified in 40 C.F.R. §270.14(b)(1),
(4) to (67), (11), (13), (14), (18), and (19) and (d).
(b) The information specified in R 299.9506.
(c) The most recent postclosure cost estimate prepared in accordance with R 299.9702.
(d) A copy of the documentation required to demonstrate compliance with R 299.9703.
(4) Owners or operators shall submit the same information required in subrule (3) of this rule when an alternate authority is used in place of an operating license for the postclosure period as provided for in part 5 of these rules.
(5) Operating
license applications for existing facilities mustshall be signed and certified in accordance with the
provisions of 40 C.F.R. §270.11 and by the
title holder of the land upon whichwhere the facility is located.
(6)
The provisions of 40 C.F.R. §§270.11 and
270.14(b) and (d) are adopted by reference in R 299.11003.
R 299.9509 Submittal and processing of operating license applications for new facilities or the expansion, enlargement, or alteration of existing facilities.
Rule
509. (1) Any person whothat requires an operating license for a
new facility or the expansion, enlargement, or alteration of an existing
facility under part 111 of the act shall complete, sign, and submit, to
the director, an application for each operating license for a new facility or
expansion, enlargement, or alteration of an existing facility required
under R 299.9501 as described in this rule. All applicants for operating
licenses for new facilities or the expansion, enlargement, or alteration of
existing facilities mustshall provide the information in
R 299.9504 to the director on the application form provided by the
director.
(2)
The director shall not begin processing an operating license application for a
new facility or the expansion, enlargement, or alteration of an existing
facility until the application it is complete. An application for an
operating license for a new facility or the expansion, enlargement, or
alteration of an existing facility is complete when the director receives an
application whichthat includes all the information required by
section 11123(2) of part 111 of the act, MCL 324.11123,
and R 299.9504. The completeness of any application for an operating
license for a new facility or the expansion, enlargement, or alteration of an
existing facility mustshall be judged independently of the status
of any other permit or permit application for the same facility. The
statutory timetable of section 11125(4) of part 111 of the
act, MCL 324.11125, and the timetable of subrule (4) of this rule shall
begins upon receipt of a complete operating license application for
a new facility or the expansion, enlargement, or alteration of an existing
facility.
(3) When a facility or activity is owned by 1 person, but is operated by another person, it is the operator's duty to obtain an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility, except that the owner and titleholder of the land shall also sign the permit application.
(4)
The director, or his or herthe director’s designee, shall notify
the applicant within 30 days after receipt of an operating license
application for a new facility or the expansion, enlargement, or alteration of
an existing facility. SuchThe notification mustshall
include the date of receipt and whether any required items of an administrative
nature were missing. This notice will not include all areas where the
application is technically incomplete.
(5)
The director, or his or herthe director’s designee, shall notify
the applicant of the operating license for a new facility or the expansion,
enlargement, or alteration of an existing facility status within 75 days
after the complete application is received.
(6)
The director shall recommend approval or shall deny an operating license
application for a new facility or the expansion, enlargement, or alteration of
an existing facility within 120 days after the director receives a
complete application.
(7)
If the director intends to deny the operating license application for a new
facility or the expansion, enlargement, or alteration of an existing facility,
the director, or his or herthe director’s designee, shall
commence a public participation process in accordance with R 299.9511.
(8) The director shall either prepare a draft operating license for a new facility or the expansion, enlargement, or alteration of an existing facility or deny the operating license. The director shall commence a public participation process in accordance with R 299.9511.
(9) Applicants shall keep records of all data used to complete operating license applications for new facilities or the expansion, enlargement, or alteration of existing facilities and any supplemental information submitted under R 299.9504 for a period of not less than 3 years from the date the application is signed.
R 299.9510 Submittal and processing of operating license applications for existing facilities.
Rule
510. (1) Any person whothat requires an operating license for an
existing facility under part 111 of the act shall complete, sign, and
submit, to the director, an application for each license required under
R 299.9502, as described in this rule. Persons with interim status
currently authorized to operate without a license as provided by
R 299.9502 shall apply for operating licenses when required by the
director. Procedures for applications, issuance and administration of
emergency operating licenses, and research licenses are found exclusively in
R 299.9501.
(2) All applicants for operating licenses for existing facilities shall provide the information in R 299.9508 to the director and shall use the application form provided by the director.
(3)
The director, or his or herthe director’s designee, shall not
begin the processing of an operating license application for an existing
facility until it is complete, except for emergency operating licenses under
R 299.9501. An application for an operating license is complete when the
director receives an application whichthat includes that
information required by R 299.9508. The completeness of any application
for an operating license mustshall be judged independently of the
status of any other permit or permit application for the same facility.
(4) When a facility or activity is owned by 1 person, but is operated by another person, it is the operator's duty to obtain an operating license for the existing facility, except that the owner and titleholder of the land shall also sign the license application.
(5) Any hazardous waste treatment, storage, or disposal facility with an effective operating license shall submit a new license application under R 299.9508 not less than 180 days before the expiration date of the existing operating license, unless permission for a later date has been granted by the director. The director shall not grant permission for applications to be submitted later than the expiration date of the existing operating license.
(6) The director shall make a final decision on an operating license application for an existing facility within 140 days after the director receives a complete application.
(7)
Before making a final decision on an operating license for an existing
facility, the director shall, when authorized under the provisions of 40 C.F.R. part 271,
complete the public participation process specified in R 299.9511. The
director may extend the 140‑day deadline of subrule (6) of this rule
to complete this process.
(8) Applicants shall keep records of all data used to complete operating license applications for existing facilities and any supplemental information submitted under R 299.9508 for a period of not less than 3 years from the date the application is signed.
(9) The director may separately license treatment, storage, and disposal facility units at the same facility if these units have different owners or operators or if these units have significantly different impacts or potential impacts on public health and the environment.
R 299.9511 Public participation procedures.
Rule 511. (1) Except as
provided for in subrule (2) of this rule, the requirements of this subrule
apply to any person required to obtain an operating license under the act or
these rules. Applicants shall comply with all of the following
requirements:
(a) Before submission of
an application, the applicant shall hold at leastnot less than 1 public
meeting to solicit comments from the public and inform the public of the
proposed hazardous waste management activities.
(b) The applicant shall post a sign-in sheet or otherwise provide an opportunity for the preapplication meeting attendees to provide their names and addresses.
(c) The applicant shall provide notice of the preapplication meeting not less than 30 days in advance of meeting. The applicant shall maintain documentation of the preapplication meeting notice and provide the documentation to the director upon request. The notice of the preapplication meeting must comply with the following requirements:
(i) The notice must include all of the following information:
(A) The date, time, and location of the meeting.
(B) A brief description of the purpose of the meeting.
(C) A brief description
of the facility and proposed operations, including, the facility address
and a map of the facility location.
(D) A statement encouraging persons to contact the facility not less than 72 hours before the meeting if they require special accommodations to participate in the meeting.
(E) The name, address, and telephone number of the applicant's contact person.
(ii) The notice must be
provided by the applicant in all of the following forms:
(A) Published as a display advertisement in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. If the director determines that publication in newspapers of general circulation in the adjacent counties or equivalent jurisdictions is necessary to inform the affected public, the director shall advise the applicant to provide a notice in those newspapers.
(B) Posted as a notice on a clearly marked sign at or near the facility. If the applicant places the sign on the facility property, the sign must be large enough to be readable from the nearest point where the public would pass by the facility.
(C) Broadcast a notice at
leastnot less than once on 1 local radio station or television
station. The applicant may employ another medium with prior approval from the
director.
(d) The applicant shall provide a copy of the newspaper publication of the preapplication meeting notice to the director and the appropriate units of state and local government in accordance with 40 CFR 124.10(c)(1)(x).
(2) The requirements of subrule (1) of this rule do not apply to any of the following:
(a) A renewal operating license application that does not propose any significant changes in facility operations. As used in this subdivision, "significant changes" means any changes that would qualify as a major modification under R 299.9519.
(b) An operating license application that is submitted solely to address postclosure requirements or postclosure and corrective action requirements.
(c) An operating license modification submitted in accordance with R 299.9519.
(d) An operating license application submitted before the effective date of these rules.
(3) Except as provided for
in subrule (4) of this rule, the director shall comply with all of the
following requirements upon receipt of an operating license application under the
act or these rules:
(a) Within a reasonable
period of time after the application is received, provide the facility mailing
list and appropriate units of state and local government with notice in
accordance with 40 CFR 124.10(c)(1)(ix) and (x) that the application
has been submitted to the department and is available for review. The notice must
include all of the following information:
(i) The name, address, and telephone number of the applicant’s contact person.
(ii) The name, address, and telephone number of the department’s contact.
(iii) The mailing address
to whichwhere information, comments, and inquiries may be
submitted to the department throughout the application review process.
(iv) The address to
whichwhere personsindividuals may write to be placed
on the facility mailing list.
(v) The location where a copy of the application and any supporting documents may be viewed and copied.
(vi) A brief description
of the facility and proposed operations, including, the facility address
or a map of the facility location, on the front page of the notice.
(vii) The date that the application was received by the department.
(b) Concurrent with the notice provided in subdivision (a) of this subrule, place the application and any supporting documents in a location accessible to the public in the vicinity of the facility or at an appropriate department office.
(4) The requirements of subrule (3) of this rule do not apply to either of the following:
(a) An operating license application that is submitted solely to address postclosure requirements or postclosure and corrective action requirements.
(b) A minor operating license modification as specified in R 299.9519(5) and (9).
(5) The director shall
comply with all of the following requirements upon receipt of an
operating license application under the act or these rules:
(a) Assess the need, on a case-by-case basis, for an information repository based on the following information:
(i) The level of public interest.
(ii) The type of facility.
(iii) The presence of an existing repository.
(iv) The proximity of the facility to the nearest copy of the administrative record.
(b) If it is determined
that an information repository is needed at any time after submittal of the
application, notify the applicant that he or shethe applicant must
establish and maintain an information repository in compliance with the
following requirements:
(i) The information
repository must include all documents, reports, data, and information considered
necessary by the director to fulfill the purposes for which the repository is
established. The director shall haves the discretion to
limit the contents of the information repository.
(ii) The information repository must be located and maintained at a site selected by the applicant. However, if the director finds that the site selected by the applicant is unsuitable for the purposes or persons for which the information repository is established, due to problems with the location, hours of availability, access, or other relevant considerations, the director shall specify a more appropriate site for the information repository.
(iii) The information repository must be maintained and updated by the applicant for the time period specified by the director.
(c) Specify the requirements for informing the public about the information repository. At a minimum, the director shall require the applicant to provide a written notice about the information repository to all individuals on the facility mailing list.
(d) Based on the factors outlined in subdivision (a) of this subrule, make decisions regarding the appropriateness of closing the information repository and notify the applicant accordingly.
(6) For applications for incinerators, boilers, or industrial furnaces, the director shall provide notice to all persons on the facility mailing list and to the appropriate units of state and local government in accordance with 40 CFR 124.10(c)(1)(ix) and (x) announcing the following:
(a) The scheduled
commencement and completion dates for the trial burn. The notice must be
mailed within a reasonable time period before the scheduled trial burn. An
additional notice is not required if the trial burn is delayed due to
circumstances beyond the control of the facility or the department. The
notice, which must be issued before the applicant may commence the trial burn, must
contain all of the following information:
(i) The name, address, and telephone number of the applicant's contact person.
(ii) The name, address, and telephone number of the department's contact person.
(iii) The location where the approved trial burn plan and any supporting documents may be reviewed and copied.
(iv) The expected time period for commencement and completion of the trial burn.
(b) The department's
intention to approve the trial burn plan in accordance with the timing and
distribution requirements of 40 CFR 270.62(b)(6) and 270.66(d)(3) as
applicable. The notice must contain all of the following information:
(i) The name, address, and telephone number of the facility contact person.
(ii) The name, address, and telephone number of the department's contact person.
(iii) The location where the approved trial burn plan and any supporting documents may be reviewed and copied.
(iv) A schedule of the activities that are required as part of an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility, or for existing facilities, before license issuance, including the anticipated time for department approval of the trial burn plan and the time period during which the trial burn will be conducted.
(7) Before making a final
decision on a major license modification or operating license application, the
director or his or herthe director’s designee shall, when
authorized under 40 CFR part 271, do the following:
(a) Prepare either a draft major license modification, operating license, or a notice of intent to deny.
(b) For major facilities,
prepare a fact sheet under R 299.9512 that briefly sets forth the
significant factual, methodological, and policy questions considered in
preparing the draft major license modification, operating license, or notice of
intent to deny and send this fact sheet to the applicant and, upon request, any
other person.
(c) Publish a public notice that a draft operating license or notice of intent to deny has been prepared and allow not less than 45 days for public comment.
(d) Publish a public notice that a draft major license modification has been prepared and allow not less than 60 days for public comment.
(e) Provide public notice of any public hearing scheduled pursuant to R 299.9514 not less than 30 days before the hearing date.
(f) Prepare and make
available to the public a response to comments on the draft major license
modification, operating license, or notice of intent to deny, which must do all
of the following:
(i) Specify which provisions of the draft major license modification or operating license have been changed, if any, and the reasons for the changes.
(ii) Briefly describe and respond to all significant comments raised during the public comment period or any hearing.
(iii) Indicate whether the comment period is to be reopened or extended.
(iv) For notices of intent to deny, the reasons for denial.
(8) If the director decides
to prepare a draft operating license, he or shethe director shall
prepare a license that contains the information specified in R 299.9521.
(9) Draft major license
modifications and licenses that are prepared by the director pursuant to this
rule must be accompanied by a fact sheet pursuant to R 299.9512, publicly
noticed pursuant to R 299.9513, and made available for public
comment. The director shall give notice of the opportunity for a public
hearing pursuant to R 299.9514, issue a final decision, and respond to
comments pursuant to R 299.9515.
R 299.9512 Fact sheets.
Rule
512. A fact sheet on a draft operating license, or notice of intent to
deny mustshall include all of the following information
after the director is authorized under the provisions of 40 C.F.R. part 271
to administer and enforce part 111 of the act and these rules instead of
the federal program:
(a) A brief description of the type of facility or activity that is subject to a final decision.
(b) The type and quantity of wastes, fluids, or pollutants that are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged.
(c) Reasons why any requested variances or alternatives to minimum standards do or do not appear justified.
(d)
A description of the procedures for reaching a final decision, including all of
the following:
(i) The beginning and ending dates of the comment period under R 299.9511(7)(c) and the address where comments will be received.
(ii) Procedures for requesting a hearing and the nature of that hearing.
(iii) Other procedures by which the public may participate in the final decision.
(e) Name and telephone number of a person to contact for more information.
R 299.9513 Public notices.
Rule 513. (1) Public
notices of draft operating licenses, notices of intent to deny, and public
hearings must be given by the following methods after the director is authorized
under 40 CFR part 271 to enforce and administer part 111 of
the act, MCL324.11101 to 324.11153, and these rules instead of the
federal program:
(a) By mailing a copy of
the notice, fact sheet, operating license application, and draft operating
license to all of the following entities:
(i) The applicant.
(ii) Any other
agency that the director knows has issued or is required to issue an
environmental permit for the same facility.
(iii) Federal and state agencies with jurisdiction over any of the following:
(A) Fish, shellfish, and wildlife resources.
(B) Coastal zone management plans.
(C) The advisory council on historic preservation.
(D) State historic preservation officers.
(E) Other appropriate government authorities, including any affected states.
(iv) Any unit of local government having jurisdiction over the area where the facility is proposed to be located.
(v) Each state agency having any authority under state law with respect to the construction or operation of the facility.
(b) By mailing a copy of the notice to persons on a facility mailing list developed pursuant to subrule (3) of this rule.
(c) By any method
reasonably calculated to give actual notice of the action in question to the
persons potentially affected by it, including press releases or any other
forum or medium to elicit public participation.
(d) By publication of a
notice in a daily or weekly major local newspaper of general circulation and by
broadcasting over local radio stations. The director may replace the radio
broadcast with another medium that provides at leastnot less than
an equivalent means of notification.
(e) By posting the notice at the principal office of the department and any other locations considered appropriate by the director.
(2) All public notices
required by this rule must contain all of the following information:
(a) Name and address of the office processing the operating license.
(b) Name and address of the applicant and the facility at issue.
(c) A brief description of the business conducted at the facility or activity described in the application or draft license.
(d) Name, address, and telephone number of a person or agency from whom interested persons may obtain further information, including copies of the draft operating license, fact sheet, and application.
(e) A brief description of the comment procedures required by R 299.9511 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing and other procedures by which the public may participate in the final decision.
(f) For notices of public
hearings, all of the following information:
(i) References to the date of previous public notices relating to the application.
(ii) Date, time, and place of the hearing.
(iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.
(iv) Any otherOther
information required by act 306.
(g) Any additional information considered necessary and proper.
(3) The director or his
or herthe director’s designee shall develop a facility mailing list whichthat
includes the following persons:
(a) Those who request in writing to be on the list.
(b) Participants from past
application proceedings under part 111 of the act, MCL 324.11101 to
324.11153, in that area.
(4) The director or his
or herthe director’s designee shall notify the public of the
opportunity to be put on the mailing list through publication.
R 299.9514 Public hearings.
Rule
514. (1) During the public comment period provided under
R 299.9511(7)(c), any interested person may submit written comments to the
director on the draft operating license, or notice of intent to deny and may
request a public hearing if no hearing has already been scheduled. A request
for public hearing mustshall be in writing and mustshall
state the nature of the issues proposed to be raised at the hearing. All
comments mustshall be considered in making the final decision on
a public hearing and mustshall be answered as provided in
R 299.9515.
(2)
The director or his or herthe director’s designee shall hold a
public hearing if 1 of the following occurs:
(a) The director finds, on the basis of responses, a significant degree of interest in a draft operating license or notice of intent to deny.
(b) The director determines that a hearing may clarify 1 or more issues involved in the final decision on an operating license.
(c) The director receives written notice of opposition to a draft operating license or notice of intent to deny within 45 days of the notice required pursuant to R 299.9511(7)(c).
(3)
Public notice of the hearing mustshall be given as specified in
R 299.9513.
(4)
During a public hearing, any person may submit oral or written statements and
data concerning the draft operating license or notice of intent to deny. The
public comment period under R 299.9511(7)(c) mustshall
automatically be extended to the close of any public hearing under this rule.
The hearings officer may also extend the comment period by so stating at the
hearing.
(5)
When possible, the director or his or herthe director’s designee
shall schedule a public hearing on an operating license or notice of intent to
deny at a location convenient to the nearest population center to the proposed
facility.
(6)
A tape recording or written transcript of the hearing mustshall
be made available to the public.
R 299.9515 Revisions based on public comment; response to comments.
Rule 515. (1) Upon completion of the public participation process for an operating license application, the director shall review all comments made during that process and make a final decision on the issuance of the license under the provisions of act 306.
(2)
At the time that any operating license is issued, the director shall issue a
response to comments thatwhich does both of the following:
(a) Briefly describes and responds to all significant comments on the draft license raised during the public comment period or during any hearing.
(b) Specifies which provisions, if any, of the draft operating license have been changed in the final license and the reason for the change.
(3) The director shall make the response to comments prepared under subrule (2) of this rule available to the public.
R 299.9516 Operating licenses; duration and effect.
Rule 516. (1) An operating license for a new facility or the expansion, enlargement, or alteration of an existing facility is valid for 3 years from the date of issuance. The license remains valid for a period of not more than 10 years if construction is initiated within the 3‑year period and proceeds in a continuous manner.
(2) Extensions of an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility may be granted by the director if unexpected construction delays occur beyond the control of the licensee.
(3)
An operating license for an existing facility shall beis
effective for a fixed term of not more than 10 years. Each operating
license for an existing land disposal facility mustshall be
reviewed by the director 5 years after the date of license issuance or
reissuance and mustshall be modified as necessary in accordance
with the provisions of R 299.9519 and R 299.9520. The term of an
operating license for an existing facility mustshall not be
extended by modification beyond the maximum duration specified in this subrule.
(4) The director may issue any operating license for an existing facility for a duration that is less than the full allowable term under this rule.
(5) An operating license may be modified or revoked during its term for cause as set forth in R 299.9519.
(6)
The issuance of an operating license does not relieve the owner or operator of his
or hertheir duty to comply with the statutory or regulatory
requirements applicable to the facility that were enacted or promulgated after the
license was issued.
(7) The issuance of an operating license does not convey any property rights of any sort or any exclusive privilege.
(8) The issuance of an
operating license does not authorize any injury to persons or property or
invasion of other private rights or any infringement of other state or local
law or regulations, except as otherwise specified in sections 11123(5)
and 11125(5) of part 111 of the act, MCL 324.11123 and 324.11125.
R 299.9518 Operating license for existing facilities; denial.
Rule 518. (1) The director shall deny an application for an operating license for an existing facility if the operation of the treatment, storage, or disposal facility for which the license is sought will violate part 111 of the act or these rules.
(2) The applicant is on notice that, in addition to any other of these rules, the director shall deny an operating license application for an existing facility if any of the following occur:
(a)
Notwithstanding the receipt of the certification of construction required by
sections 11123(2) and 11125(9) of part 111
of the act, MCL 324.11123 and 324.11125. the facility has not been
constructed according to the plans approved by the director, the requirements
of part 111 of the act or these rules, or the stipulations and conditions
of the approved operating license for an existing facility.
(b) The existing construction or operation of an existing facility or facility newly subjected to the licensing requirements of part 111 of the act and these rules presents a hazard to the public health or the environment.
(c) The applicant has not submitted sufficiently detailed or accurate information to enable the director to make reasonable judgments as to whether the license should be granted.
(3) The criteria specified for license revocation pursuant to the provisions of R 299.9519 are causes for denial of an operating license renewal application.
(4) When an application is denied, the applicant shall be notified, in writing, of the reasons for denial.
(5)
If an initial operating license application is denied, the applicant shall
cease all hazardous waste treatment, storage, limited storage, and disposal
activities at the facility for which the application was submitted and perform
closure in accordance with R 299.9613 for all hazardous waste treatment,
storage, limited storage, and disposal units at the facility for which the
application was submitted. Upon denial of an initial operating license
application, the applicant may seek judicial review pursuant to the provisions
of section 631 of act 236, MCL 600.631. Initial operating
license applications mustshall include those applications for
facilities for which interim status has been obtained pursuant to the
provisions of 40 C.F.R. § 270.70.
(6)
If a renewal operating license application is denied, the applicant shall cease
all hazardous waste treatment, storage, limited storage, and disposal
activities at the facility for which the application was submitted and perform
closure in accordance with R 299.9613 for all hazardous waste treatment,
storage, limited storage, and disposal units at the facility for which the
application was submitted, unless the applicant appeals the denial and
initiates proceedings pursuant to the applicable provisions of act 236 or act
306. If the applicant initiates proceedings pursuant to the applicable
provisions of act 236 or act 306 and the denial is upheld pursuant
to suchthe proceedings, the applicant shall cease all hazardous
waste treatment, storage, limited storage, and disposal activities at the
facility for which the application was submitted and perform closure in
accordance with R 299.9613 for all hazardous waste treatment, storage,
limited storage, and disposal units at the facility for which the application
was submitted.
R 299.9519 Modification, revocation, and suspension of operating licenses during their
terms.
Rule 519. (1) An owner or
operator shall construct, operate, and maintain a facility pursuant to
part 111 of the act, MCL 324.11101 to 324.11153, these rules, and
the operating license issued to the facility pursuant to part 111 of the
act, MCL 324.11101 to 324.11153. Any deviation from the conditions of a
license or from approved plans requires prior approval by the director, unless
otherwise specified in this rule, and, if necessary, modification of the
license.
(2) If the director
receives any information during the term of an operating license, for example,
inspects the facility, receives information submitted by the licensee as
required in the license, receives a request for modification or revocation pursuant
to this rule, or conducts a review of the license file, then he or shethe
director may determine if 1 or more of the causes listed in subrule
(3) of this rule for modification or subrule (11) of this rule for
revocation, or both, exist. If cause exists, the director may commence proceedings
pursuant to act 306 to modify or revoke an operating license
accordingly, subject to the limitation of subrule (4) of this rule, and
may request an updated application under R 299.9520, if necessary. If an
operating license is modified, then only the conditions subject to modification
are reopened. If an operating license modification satisfies the criteria of
subrule (5) of this rule for a minor modification, or if the director has
not yet been authorized under 40 CFR part 271, then the license
may be modified pursuant to subrule (6) of this rule. Otherwise, a draft
license must be prepared, and other procedures specified in
R 299.9511 followed.
(3) Any of the following are causes for modification of an operating license:
(a) The causes listed under 40 CFR 270.41(a), except 40 CFR 270.41(a)(3).
(b) If the standards or regulations on which the license was based have been changed by statute, through promulgation of new or amended standards or regulations, or by judicial decision after the license was issued.
(c) To modify a monitoring program under R 299.9611 or R 299.9612.
(d) Cause exists for modification under subrule (5) of this rule and the director determines that modification is appropriate.
(e) The director has received notification pursuant to R 299.9522 of a proposed transfer of ownership or operation.
(4) The director shall not consider suitability of the facility location at the time of operating license modification, suspension, or revocation, or when reviewing an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility, unless new information or standards indicate that a threat to human health or the environment exists that was unknown at the time of license issuance. In addition, the director shall not modify an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility beyond what is authorized in the license.
(5) The licensee may put into effect the following minor license modifications without following the procedures specified in R 299.9511, if the licensee complies with subrule (6) of this rule:
(a) Any of the following general license modifications:
(i) An administrative and information change.
(ii) A correction of a typographical error.
(iii) Equipment replacement or upgrading with functionally equivalent elements, for example pipes, valves, pumps, conveyors, or controls.
(iv) A change in the frequency of, or procedures for, monitoring, reporting, sampling, or maintenance activities to provide for more frequent monitoring, reporting, sampling, or maintenance.
(v) A change in the interim compliance dates in the schedule of compliance if the prior written approval of the director is obtained.
(vi) A change in the expiration date of the license to allow earlier license termination if the prior written approval of the director is obtained.
(vii) A change in the ownership or operational control of a facility if the procedures specified in R 299.9522 are followed and if the prior written approval of the director is obtained.
(viii) Changes to remove operating license conditions that are no longer applicable because the standards upon which they are based are no longer applicable to the facility if prior written approval from the director is obtained.
(ix) Changes to remove license conditions applicable to a unit excluded under R 299.9204.
(x) Changes in the expiration date of a license issued to a facility at which all units are excluded under R 299.9204.
(b) Any of the following general facility modifications:
(i) A change to waste sampling or analysis methods to conform to agency guidelines or regulations.
(ii) A change to waste
sampling or analysis methods to incorporate change associated with F039,
(multisource leachate), sampling or analysis methods.
(iii) A change to waste sampling or analysis methods to incorporate changes associated with underlying hazardous constituents in ignitable or corrosive wastes if the prior written approval of the director is obtained.
(iv) A change in a sampling or analysis procedure or monitoring schedule if the prior written approval of the director is obtained.
(v) A change to analytical quality assurance/control plans to conform to department guidelines or rules.
(vi) A change in procedures for maintaining the operating record.
(vii) A change in the contingency plan to reflect the replacement of emergency equipment with functionally equivalent equipment, the upgrade of emergency equipment, or the relocation of emergency equipment listed.
(viii) A change to the training plan, other than those changes that affect the type of, or decrease the amount of, training given to employees.
(ix) The replacement of emergency equipment with functionally equivalent emergency equipment, the upgrade of emergency equipment, or the relocation of emergency equipment listed in the contingency plan.
(x) A change in the name, address, or phone number of a coordinator or another person or agency identified in the contingency plan.
(xi) A change in the procedures used to empty hazardous waste from transport vehicles and other containers.
(xii) A change that the construction quality assurance officer certifies will provide equivalent or better certainty that the unit components meet the design specifications. The certification must be provided in the facility operating record.
(c) Any of the following groundwater protection modifications:
(i) Replacement of an existing well that has been damaged or rendered inoperable without changing the location, design, or depth of the well.
(ii) A change in groundwater sampling or analysis procedure or monitoring schedule if the prior written approval of the director is obtained.
(iii) A change in statistical procedure for determining whether a statistically significant change in groundwater quality between upgradient and downgradient wells has occurred if the prior written approval of the director is obtained.
(d) Any of the following changes to closure plans:
(i) A change in the estimate of maximum inventory of waste on-site at any time during the active life of the facility, not to exceed the approved process design capacity of the facility if the prior written approval of the director is obtained.
(ii) A change in the closure schedule for any unit, a change in the final closure schedule for the facility, or extension of the closure period if the prior written approval of the director is obtained.
(iii) A change in the expected year of final closure if other license conditions are not changed and if the prior written approval of the director is obtained.
(iv) A change in procedure for the decontamination of facility equipment or structures if the prior written approval of the director is obtained.
(v) The addition of temporary tanks used for neutralization, dewatering, phase separation, or other separation with the prior written approval of the director.
(e) Any of the following postclosure modifications:
(i) A change in the name, address, or phone number of the contact person in the postclosure plan.
(ii) A change in the expected year of final closure if other license conditions are not changed.
(f) The addition of a roof to a container unit without altering the containment system.
(g) The replacement of a
tank with a tank that is in compliances with the same design
standards, has the same capacity of the replaced tank, and is in compliances
with the same conditions in the license.
(h) The replacement of a
waste pile unit with another waste pile unit of the same design and capacity
and that is in compliances with all the waste pile
conditions in the license.
(i) Any of the following land treatment modifications:
(i) A decreased rate of waste application.
(ii) A change in any condition specified in the license for a land treatment unit to reflect the results of the land treatment demonstration if performance standards are met and if the prior written approval of the director is obtained.
(iii) A change to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely if the conditions for the second demonstration are substantially the same as the conditions for the first demonstration and if the prior written approval of the director is obtained.
(j) Any of the following incinerator, boiler, or industrial furnace modifications:
(i) Authorization of up to an additional 720 hours of waste burning during the shakedown period for determining operation readiness after construction if the prior written approval of the director is obtained.
(ii) A change in the operating requirements specified in the license for conducting a trial burn if the change is minor and if the prior written approval of the director is obtained.
(iii) A change in the ranges of the operating requirements specified in the license to reflect the results of the trial burn, if the change is minor and if the prior written approval of the director is obtained.
(iv) Substitution of an alternate type of nonhazardous waste fuel that is not specified in the license if the prior written approval of the director is obtained.
(v) Technology changes necessary to meet the standards under 40 CFR part 63, subpart EEE, if the owner or operator met the notification of intent to comply requirements of 40 CFR 63.1210 that were in effect before October 11, 2000, and if prior written approval is obtained from the director.
(k) Technology changes necessary to meet the standards under 40 CFR part 63, subpart EEE, that were promulgated on October 12, 2005, if the owner or operator met the notification of intent to comply requirements of 40 CFR 63.1210(b) and 63.1212(a) and if prior written approval is obtained from the director.
(l) Waiver of
operating and emission limits as necessary to support the transition to 40 CFR part 63,
subpart EEE, if all of the following requirements are met and if
prior written approval is obtained from the director:
(i) The specific operating and emission limits for which the waiver is requested must be identified in writing.
(ii) An explanation of why the changes are necessary to minimize or eliminate conflicts between the license and the maximum achievable control technology standards compliance must be provided in writing.
(iii) An explanation of how the raised provisions will be sufficiently protective must be provided in writing.
(iv) If the modification is being requested in conjunction with maximum achievable control technology performance testing where the license limits may only be waived during actual test events and pretesting, as defined under 40 CFR 63.1207(h)(2)(i) and (ii), for an aggregate time not to exceed 720 hours of operation, the request must be provided at the same time the test plans are submitted to the director. The director may approve or deny the request contingent upon approval of the test plans.
(m) Any of the following burden reduction changes:
(i) The development of 1 contingency plan based on integrated contingency plan guidance pursuant to 40 CFR 264.52(b).
(ii) Changes
to recordkeeping or reporting requirements under 40 CFR 264.56(i),
264.113(e)(5), 264.196(f), 264.343(a)(2), 264.1061(b)(1), 264.1062(a), or
R 299.9629(101).
(iii) Changes to the inspection frequency for tank systems under 40 CFR 264.195(b).
(iv) Changes to a detection or a compliance monitoring program under 40 CFR 264.98(d) or (g)(2) or (3), or 264.99(f) or (g).
(6) For minor license modifications, the licensee shall do both of the following:
(a) Notify the director concerning
the minor modification by certified mail or other means that establish proof of
delivery. For minor modifications that do not require the prior written
approval of the director, the notification must be made within 7 calendar
days after the change is put into effect. For minor modifications that do
require the prior written approval of the director, the notification mustshall
be made before the change is put into effect. The notification must comply
with all of the following provisions:
(i) Contain a minor modification request for the director's approval, if required.
(ii) Specify the exact change or changes being made or to be made to the license conditions or supporting documents referenced by the license.
(iii) Identify that the modification is a minor modification.
(iv) Explain why the modification is necessary.
(v) Provide the applicable information required pursuant to R 299.9504 and R 299.9508, as appropriate.
(b) Send a notice of the minor modification to all persons on the facility mailing list that is maintained by the director pursuant to 40 CFR 124.10(c)(ix) and the appropriate units of state and local government pursuant to 40 CFR 124.10(c)(x). The notification must be made within 90 days after the change is put into effect. For minor modifications that require the prior written approval of the director, the notification must made within 90 calendar days after the director approves the minor modification request.
(7) Any person may request
that the director review any minor license modification. The director
may reject for cause. The director shall inform the licensee by certified mail
that a minor license modification has been rejected and explain the reasons for
the rejection. If a minor license modification is rejected, the licensee shall
comply with the existing license conditions.
(8) For minor license modifications, the licensee may elect to follow the procedures specified in R 299.9511 instead of the license modification procedures. The licensee shall inform the director of this decision in the notice that is required in subrule (6) of this rule.
(9) Any modification that is not specifically listed in subrule (5) of
this rule is considered a major license modification and is subject to the
requirements of R 299.9511 and R 299.9520, unless all of the
following conditions are met:
(a) The licensee demonstrates, to the director's satisfaction, that a modification meets the criteria for a minor modification. In determining the appropriate classification for a modification, the director shall consider the similarity of the modification to other modifications listed in subrule (5) of this rule. Minor modifications apply to minor changes that keep the license current with routine changes to the facility or its operation. These changes do not substantially alter the license conditions or reduce the capacity of the facility to protect human health or the environment.
(b) The modification does not authorize the physical construction of a new treatment, storage, or disposal facility; the expansion or enlargement beyond the previously authorized design capacity or area of a treatment, storage, or disposal facility; or the alteration of the method of treatment or disposal previously authorized at a treatment, storage, or disposal facility to a different method of treatment or disposal.
(c) The classification of the modification is not less stringent than that allowed under RCRA.
(10) For major license
modifications, the licensee shall submit a major modification request to the
director by certified mail or by other means that establish proof of delivery.
The request must be made before the change is put into effect. The request must
comply with all of the following provisions:
(a) Describe the exact change or changes to be made to the license conditions or supporting documents referenced by the license.
(b) Identify that the modification is a major modification.
(c) Explain why the modification is necessary.
(d) Provide the applicable information required under R 299.9504 and R 299.9508, as appropriate.
(11) An operating license may be revoked for any of the following reasons:
(a) Noncompliance by the
licensee with part 111 of the act, MCL 324.11101 to 324.11153,
these rules, or any condition of the operating license.
(b) A determination that the licensed activity endangers human health or the environment.
(c) The owner or operator fails in the application or during the operating license issuance process to disclose fully all relevant facts or at any time misrepresents any relevant facts.
(12) Requests for operating license modification by a licensee and updated applications requested by the director pursuant to subrule (2) of this rule must be made on forms provided by the director.
(13) An operating license may be suspended pursuant to act 306.
(14) 40 CFR part 63, subpart EEE, and 264.52(b), 264.56(i), 264.98(d) and (g)(2) and (3), 264.99(f) and (g), 264.113(e)(5), 264.195(b), 264.196(f), 264.343(a)(2), 264.1061(b)(1), 264.1062(a), 270.41(a), except 40 CFR 270.41(a)(3), are adopted by reference in R 299.11003.
R 299.9520 Procedures for modification or revocation of operating licenses.
Rule
520. (1) Any interested person, including the licensee, may request the
director to commence proceedings under act 306 to modify, suspend, or
revoke an operating license. All requests mustshall be in
writing and mustshall contain facts or reasons supporting the
request. If the director decides the request is not justified, he or shethe
director shall send the requestor a written response giving a reason for
the decision.
(2)
If the director decides to commence proceedings under act 306 to modify an
operating license under R 299.9519(2), he or shethe director
shall prepare a draft operating license incorporating the proposed
changes. The director may request submission of an updated license
application. During any modification proceeding, the licensee shall comply
with all conditions of the existing license until the license is modified.
(3)
If the director decides to commence proceedings under act 306 to revoke an
operating license under this rule, he or shethe director shall
issue a notice of intent to revoke and, when authorized under title II of
the solid waste disposal act, follow those public participation procedures
specified in R 299.9511.
(4)
If an operating license is revoked, the director shall order the owner or
operator to carry out closure procedures under section 11151 of
part 111 of the act, MCL 324.11151, and shall require
the cessation of all activities at the facility subject to licensure under
part 111 of the act, except those necessary for closure.
R 299.9521 Operating license conditions.
Rule
521. (1) All operating licenses mustshall contain all of the
following general conditions:
(a)
The general conditions contained in the provisions of 40 C.F.R. § 270.30,
except §270.30(l)(1) and (8). For purposes of these conditions the word
"licensee" shall replaces the word
"permittee" and the term "part 111 of the act" shall
replaces the term "RCRA."
(b) The following additional conditions:
(i) The licensee shall not initiate an enlargement, alteration, or expansion beyond the previously authorized design capacity or area of a treatment, storage, or disposal facility without first obtaining an operating license for the expansion, enlargement, or alteration of an existing facility from the director.
(ii) For a facility being modified, the licensee shall not treat, store, or dispose of hazardous waste in the modified portion of the facility until 1 of the following conditions is met:
(A)
The licensee has submitted, to the director, by certified mail or hand
delivery, a letter signed by the licensee and a registered professional
engineer stating that the facility has been constructed or modified in
compliance with the license and approved plans, and the director has inspected
the modified facility and finds it is in compliances with
the conditions of the license.
(B)
Within 15 days of the date of submission of the letter in
subparagraph (A) of this paragraph, the licensee has not received notice
from the director of his or hertheir intent to inspect, prior
inspection is waived, and the licensee may commence treatment, storage, or
disposal of hazardous waste.
(iii) The licensee shall obtain the approval of the director by a modification to the license before transferring ownership or operation of the facility to another person. The new owner or operator shall not accept hazardous waste at the facility until the license modification has been issued by the director.
(c) Other conditions determined to be necessary by the director to clarify procedures for license issuance, reissuance, modification, and revocation under act 306.
(2)
In addition to conditions required in all licenses, the director shall
establish conditions on a case‑by‑case basis for all of the
following:
(a)
Compliance schedules, if applicable, consistent with the provisions of 40 C.F.R. § 270.33.
(b)
Requirements for recording and reporting monitoring results, as specified in
the provisions of 40 C.F.R. § 270.31 and
part 6 of these rules.
(c) Duration of the license under R 299.9516.
(d) Allowable waste types.
(3)
Each operating license under part 111 of the act mustshall include
conditions necessary to do the following:
(a)
Achieve compliance with part 111 of the act and these rules, including
each of the applicable requirements of parts 6 and 8 of these rules. In
satisfying this provision, the director shall incorporate applicable
requirements of part 6 directly into the license or establish other
conditions that are based on these requirements. For the purpose of
this paragraph, an applicable requirement is a statutory or regulatory
requirement whichthat takes effect before final administrative
disposition of a license or any requirement whichthat takes
effect before the modification of a license under R 299.9519.
(b) Protect human health and the environment.
(c)
If, as a result of an assessment or other information, the director determines
that conditions are necessary in addition to those required under 40 C.F.R. part 63,
subpart EEE, or the the applicable requirements of parts 6 and
8 of these rules to ensure protection of human health and the environment, the
director shall include those terms and conditions in the operating license for
a hazardous waste combustion unit.
(4)
New, reissued, and, to the extent allowed under R 299.9519, licenses mustshall
incorporate each of the applicable requirements referenced in this rule.
(5)
A condition of an operating license shallmust be incorporated
either expressly or by reference. If incorporated by reference, a specific
citation to the applicable regulations or requirements mustshall be
given in the license.
(6)
The provisions of 40 C.F.R. part 63,
subpart EEE, §270.30, except §270.30(l)(1) and (8), §270.31,
and §270.33 are adopted by reference in R 299.11003.
R 299.9522 Transfer of ownership or operation.
Rule
522. (1) A license may be transferred by the licensee to a new owner or
operator only if the license has been modified pursuant to the provisions of
R 299.9519(3) or a minor modification made pursuant to the provisions of
R 299.9519(5) to identify the new licensee and incorporate such other
requirements as may be necessary pursuant to the provisions of part 111 of
the act and these rules.
(2)
Changes in the ownership or operational control of a facility whichthat
is authorized to operate pursuant to the provisions of part 111 of the act
or these rules but whichthat has not been issued an operating
license pursuant to the provisions of part 111 of the act or these rules
may be made if the new owner or operator submits a revised part a permit
application not later than 90 days before the scheduled change. When a
transfer of ownership or operational control of a facility occurs, the old
owner or operator shall comply with the financial requirements of part 7
of these rules until the new owner or operator has demonstrated to the director
that he or shethe new owner or operator is complying with the
requirements of part 7 of these rules. The new owner or operator shall
demonstrate compliance with the provisions of part 7 of these rules within
6 months of the date of the change in the ownership or operational control
of the facility. Upon the new owner or operator demonstrating, to the
director, compliance with the provisions of part 7 of these rules, the
director, or his or herthe director’s designee, shall notify the
old owner or operator, in writing, that he or shethe old owner or
operator no longer needs to comply with these requirements as of the date
of the demonstration. All other interim status duties are transferred
effective immediately upon the date of the change of ownership or
operational control of the facility.
(3)
The new owner or operator shall comply with all of the requirements of
part 111 of the act and these rules and with the stipulations of previous
operating licenses or other agreements entered into by the previous owner or
operator and the director.
(4)
The responsibility for remedial measures to correct any environmental problem
resulting from previous operations at the facility mustshall be
assumed by the new owner or operator. This requirement mustshall
be incorporated into the operating license for the new owner or operator.
R 299.9523 Operating license fee schedule; new, expanded, enlarged, or altered facilities.
Rule 523. Table 501 reads as follows:
TableABLE 501
Fee Schedule
Type
of facility being constructed, expanded, enlarged, or altered:
Landfill, surface impoundment, land treatment, or waste pile $ 9,000.00
Incinerator or other treatment than described above $ 7,200.00
Storage, other than storage associated with treatment or disposal activities $ 500.00
whichthat may be regulated
under a single license.
R 299.9524 Remedial action plans.
Rule 524. (1) The requirements of this rule apply to remedial action plans and owners or operators seeking remedial action plans to authorize the treatment, storage, or disposal of hazardous remediation waste at a remediation waste management site.
(2) A remedial
action plan shall only be issued for the area of contamination where the
remediation wastes to be managed under the plan originated, or areas in close
proximity to the contaminated area, except as allowed in limited circumstances
under 40 C.F.R. § 270.230.
(3) The requirements of part 5 of these rules do not apply to remedial action plans, with the exception of R 299.9516, unless otherwise specified in this rule.
(4)
Notwithstanding any other provision of part 5 of these rules
or this rule, any document that meets the requirements of this rule, constitutes
an operating license under part 111 of the act.
(5) A remedial action plan may include either of the following:
(a) A stand-alone document that includes only the information and conditions required in this rule.
(b) A part or parts of another document that includes information or conditions for other activities at the remediation waste management site, in addition to the information and conditions required by this rule.
(6)
The treatment, storage, or disposal of hazardous remediation wastes under a
remedial action plan as part of a cleanup compelled by federal or state cleanup
authorities does not affect obligations that exist under suchthese
authorities in any way.
(7) The issuance of a remedial action plan to the owner or operator of a facility operating under interim status does not terminate the interim status of the facility.
(8) Treatment units that involve the combustion of hazardous remediation wastes at remediation waste management sites are not eligible for remedial action plans under this rule.
(9) An owner or
operator of a facility already licensed under these rules may obtain approval
of a remedial action plan for managing hazardous remediation waste at the facility
by modifying the existing license in accordance with the requirements of
R 299.9519 and R 299.9520, except the requirements of
R 299.9519(6)(a)(v) and (10)(d), therebythus making the
remedial action plan part of the license. Requests to modify the license mustshall include the
information specified in 40 C.F.R. § 270.110.
Once incorporated into the license, the remedial action plan is subject to the
requirements for license modification, revocation, reissuance, termination, and
duration and effect provisions of part 5 of these rules.
(10)
Owners or operators seeking a remedial action plan and owners or operators with
existing remedial action plan shall comply with the requirements of this rule
and 40 C.F.R. part 270, subpart H,
except §§270.80, 270.85, 270.90, 270.155, 270.160, 270.190, and 270.195.
(11)
Final decisions on remedial action plan applications and remedial action plans shall
beare subject to the appeal processes for operating licenses whichthat
are established under the act and act 306.
(12)
A remedial action plan ishall become effective 30 days after
the director notifies the owner or operator and all persons whichthat
provided comments on the draft plan that the plan is approved, except under any
of the following conditions:
(a) The director specifies a later effective date as part of the final decision.
(b) The owner or operator or another person has appealed the remedial action plan.
(c) No persons requested a change in the draft remedial action plan, in which case the plan becomes effective immediately when it is issued.
(13)
Remedial action plans shallare issued for a fixed term, not to
exceed 10 years, although the plans may be renewed upon approval by the
director in fixed increments of not more than 10 years. Each remedial
action plan for hazardous waste land disposal mustshall be
reviewed by the director 5 years after the date of issuance or
reissuance and shall be modified as necessary to ensure that the owner
or operator is in compliances with the requirements of
part 111 of the act and these rules.
(14) The provisions of
40 C.F.R. part 270, subpart H, except §§270.80,
270.85, 270.90, 270.155, 270.160, 270.190, and 270.195 are adopted by reference
in R 299.11003. For the purposes of this adoption the words “part 5
of these rules” shall replace the words "§§270.3 through
270.66," the words "parts 6 and 8 of these rules" shall replace
the words "part 264 and 266," the words "this act and
act 306" shall replace the words "§270.155," the
words "R 299.9519 and R 299.9520" shall replace the
words "§§270.40 through 270.43," "§§270.41 and 270.43," and
"§270.43," The words “these rules” shall replace the words
"parts 124, 260 through 266 and 270 of this chapter," the words
"part 7 of these rules" shall replace the words
"part 264, subpart H, of this chapter," the word
"R 299.9511" shall replaces the words
"§§124.31, 124.32, and 124.33 of this chapter," and the word
"R 299.9629" shall replace the word "§264.101."
R 299.9525 Notice requirements.
Rule 525. (1) An
owner of a hazardous waste treatment, storage, or disposal facility shall
execute and file a notice with the office of the register of deeds in the
county in which the facility is located. The owner shall submit verification
of the execution, filing, and recording of the notice to the department within
60 days of the effective date of this rule. The notice mustshall be titled “notice
regarding statutory obligations applicable to property” and shall comply with all of
the following requirements:
(a)
The notice mustshall include a legal description of the land upon
which the facility is located. The land and the facility mustshall
be referred to as "the property."
(b)
The notice mustshall state that the property has been used to
manage hazardous waste and is subject to the corrective action requirements of
part 111 of the act and RCRA, as amended by the 1984 hazardous and solid
waste amendments.
(c) The form of the
notice mustshall
comply with the requirements of section 1 of 1937 PA 103, as amended, being MCL
565.201 et seq.
(2) Owners or operators shall provide new owners or operators with a copy of the notice required pursuant to the provisions of subrule (1) of this rule.
(3)
New owners or operators shall provide notice to the director of the transfer of
ownership or operational control of a facility. The notification mustshall
be provided to the director within 90 days before the scheduled change in
ownership or operational control.
(4) The requirements of subrules (1) to (3) of this rule apply to both of the following:
(a)
Owners or operators of hazardous waste treatment, storage, or disposal
facilities whichthat have been issued an operating license under
part 111 of the act.
(b)
Owners or operators of hazardous waste treatment, storage, or disposal
facilities whichthat have not yet been issued an operating
license under part 111 of the act.
PART 6. OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
R 299.9601 Applicability; relationship to interim status standards.
Rule 601. (1) The standards in this part apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste, except as otherwise specifically provided in these rules.
(2) Treatment, storage, or
disposal facilities that are authorized to operate under these rules and that have
not been issued or reissued an operating license after the effective date of
these rules shall comply with all of the following rules:
(a) R 299.9602
Environmental and human health standards generally.
(b) R 299.9607
Contingency plan and emergency procedures.
(c) R 299.9609
Operating record; availability, retention, and disposition of records.
(d) R 299.9610
Reporting.
(e) R 299.9613(2) to
(6) Closure and postclosure.
(f) R 299.9614 Use
and management of containers.
(g) R 299.9615
Tank systems.
(h) R 299.9623
Incinerators.
(i) R 299.9627
Land disposal restrictions.
(j) R 299.9629
Corrective action.
(k) R 299.9635
Corrective action management unit requirements.
(l) R 299.9636
Temporary unit requirements.
(m) R 299.9637
Hazardous waste munitions and explosives storage requirements.
(n) R 299.9638 Staging
pile requirements.
(o) R 299.9639
Disposal of corrective action management unit-eligible waste in hazardous
wastes landfills.
(3) In addition to the requirements specified in subrule (2) of this rule, the following persons shall comply with 40 CFR 260.4 and 260.5 and the interim status standards of 40 CFR part 265, except subparts D, H, I, J, O, and DD, and 40 CFR 265.70, 265.73 to 265.77, 265.112(d)(1), 265.115, and 265.120.
(a) An owner or
operator of an existing facility that treats, stores, or disposes of hazardous
waste whothat has fully complied with the requirements for
interim status under section 3005(e) of RCRA, 42 USC 6925(e), and
40 CFR 270.10, until final administrative disposition of the owner's or
operator's permit application pursuant to RCRA or until an operating license is
issued or reissued to the owner or operator after the effective date of these
rules.
(b) An owner or operator
of a facility that is in existence on November 19, 1980, or that is in
existence on the effective date of amendments to part 111 of the act,
MCL 324.11101 to 324.11153, or these rules that render it subject to the
licensing requirements of part 111 of the act, MCL 324.11101 to
324.11153, whothat has failed to provide timely notification
as required by section 3010(a) of RCRA, 42 USC 6930(a), or failed to file
part A of the permit application as required under 40 CFR 270.10(e)
and (g).
(4) The requirements of this part apply to a person who disposes of hazardous waste by means of underground injection subject to a permit issued pursuant to an underground injection control program approved or promulgated under the federal safe drinking water act only to the extent that these requirements are included in R 299.9503(3)(a).
(5) The requirements of this part apply to the owner or operator of a publicly owned treatment works that treats, stores, or disposes of hazardous waste only to the extent that these requirements are included in R 299.9503(3)(b).
(6) The standards in this part do not apply to those persons who are listed in R 299.9503(1) and (2), except as otherwise specified by those subrules.
(7) Except as noted in this subrule, part 6 of the rules does not apply to owners and operators of hazardous waste incinerator facilities identified in subrule (2) of this rule if the owner or operator demonstrates compliance with the maximum achievable control technology standards of 40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting to the director a notification of compliance under 40 CFR 63.1207(j) and 63.1210(b) that documents compliance with the requirements of 40 CFR part 63, subpart EEE. The maximum achievable control technology standards of 40 CFR part 63, subpart EEE, do not supersede the requirements of R 299.9608 to R 299.9610 and part 7 of these rules, and 40 CFR part 265, subparts A to D, F, G, BB, and CC.
(8)
Notwithstandingany other provisions of these rules, enforcement actions
may be brought pursuant to section 11148 of the act, MCL 324.11148.
(9) 40 CFR 260.4, 260.5, and 270.10 and 40 CFR part 265, except subparts H, O, and DD, and 40 CFR 265.70, 265.73 to 265.77, 265.112(d)(1), 265.115, and 265.120, are adopted by reference in R 299.11003. Where 40 CFR parts 264, 265, and 270 are referenced in this part, the term "director" replaces the term "regional administrator", and the term "operating license" replaces the term "permit." For the purposes of adoption, the term "site identification number" replaces the term "EPA identification number," the term "R 299.9629" replaces the term "§264.101(a)," the term "part 5 of these rules" replaces the term "§270.1(c)(7)," and the term "R 299.9703(8) and R 299.9710(17)" replaces the term "§265.140(d)," and the term "R 299.9612 and R 299.9629" replaces the term "§§264.91 through 264.100."
R 299.9602 Environmental and human health standards generally.
Rule
602. (1) All treatment, storage, and disposal facilities shall be located,
designed, constructed, and operated in a manner that will prevent all of the
following:
(a) Violations of the federal clean water act or part 31 of the act.
(b) Air emissions in violation of the federal clean air act or part 55 of the act.
(c) Degradation, as defined by part 31 of the act, of a sole‑source aquifer.
(d) Exposure of humans or the environment to harmful quantities of hazardous waste or hazardous waste constituents.
(e) Pollution, impairment, or destruction of the natural resources of the state.
(2)
The owner or operator of a treatment, storage, or disposal facility whichthat
discharges to surface water or groundwater, including discharges from leachate
collection systems or surface water runoff collection systems, shall comply
with the federal clean water act and part 31 of the act. Additionally,
owners or operators of a treatment, storage, or disposal facility whichthat
discharges, other than sanitary sewage, to municipal sewerage systems shall meet
the applicable pretreatment standards for these facilities.
R 299.9603 Location standards.
Rule 603. (1) Active portions of new treatment, storage, or disposal facilities or expansions, enlargements, or alterations of existing facilities shall not be located in any of the following areas:
(a)
Within 61 meters of a fault whichthat had its displacement
in Holocene time.
(b) In a floodway designated by the department under part 31 of the act.
(c) In a coastal high‑risk area designated under part 323 of the act, MCL 324.32301 to 324.32315.
(d) Over a sole‑source aquifer or the recharge zone of a sole‑source aquifer, unless the director grants an exemption to this provision based upon a demonstration by the applicant that the treatment, storage, or disposal facility will be located, designed, constructed, and operated in a manner that will prevent contamination of the aquifer.
(e) Within that isolation distance from public water supplies specified by act 399.
(f) In a wetland.
(2)
Unless otherwise allowed by an operating license under part 111 of
the act or subrule (3) of this rule, the following isolation distances mustshall
be maintained between the active portion of a new facility and adjacent commercial,
residential, or recreational property lines:
(a) For landfills, 150 meters.
(b) For other facilities, 60 meters.
(3)
For purposes of subrule (2) of this rule, adjacent commercial,
residential, and designated recreational property mustshall not
include public roads, railroads, or rights‑of‑way. However, the
director may require greater isolation distances than those specified in
subrule (2) of this rule, or allow lesser isolation distances, based on
the following criteria:
(a) The proposed design and operation of the facility.
(b) The location of private water wells.
(c) The potential for fugitive emissions in violation of part 55 of the act.
(4) Treatment, storage, and disposal facilities shall not be located in a floodplain. The director may grant an exemption to the floodplain restrictions of this rule for treatment and storage facilities if either of the following conditions is met:
(a) The facility is designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a flood.
(b)
The owner or operator can demonstrate to the director that procedures are in
effect whichthat will cause the waste to be removed safely,
before floodwaters can reach the facility, to a location where the wastes will
not be vulnerable to the floodwaters.
(5)
Landfills, surface impoundments, and waste piles mustshall only
be located in areas where there is not less than 6 meters of soil with a
maximum permeability of 1.0 x 10‑6 centimeters per/
second at all points below and lateral to the liner or bottom of the
landfill, surface impoundment, or waste pile, unless the owner or operator
substitutes an engineered backup liner of equivalent design and demonstrates to
the director that it provides equivalent environmental protection.
R 299.9604 Facility design and operating standards.
Rule
604. The owner or operator of a treatment, storage, or disposal facility shall
design, construct, operate, and maintain all of the following:
(a)
A run‑on control system capable of preventing flow onto the active
portions of the facility during peak discharge from at leastnot less
than a 24‑hour, 25‑year storm.
(b)
A runoff management system to collect and control at leastnot less
than the water volume resulting from active portions of the facility from a
24‑hour, 100‑year storm.
(c) Systems to prevent hazardous waste or hazardous waste constituents from escaping into the soil, directly or indirectly into surface water or groundwaters, or uncontrolled into drains or sewers.
R 299.9605 General requirements for owners and operators.
Rule 605. (1) The
owner or operator of a hazardous waste treatment, storage, or disposal facility
shall comply with all of the requirements of 40 C.F.R. part 264,
subpart B, except §264.15(b)(5), unless otherwise specified in this
rule. The owner or operator shall also provide copies of the notices required
pursuant to 40 C.F.R. §264.12(a) to the
regional administrator. In addition to the notice requirements of
40 C.F.R. §264.12, the owner or operator
shall, before transferring ownership or operation of a facility during its
operating life or during any required postclosure care period, notify the new
owner or operator, in writing, of the requirements of this part and part 5
of these rules.
(2)
Hazardous waste transport vehicles and other containers leaving a designated
facility mustshall be empty of hazardous waste in accordance with
the provisions of R 299.9207 or accompanied by a manifest that is prepared
in accordance with the provisions of these rules. The owner or operator shall
develop and implement a procedure for ensuring compliance with this subrule.
If a transport vehicle or other container is not empty, then the owner or
operator shall either take all steps required in the procedure to ensure that
the provisions of R 299.9207 are complied with or ensure that the
hazardous waste that remains in the vehicle or containers is accompanied by a
manifest that is prepared in accordance with the provisions of these rules when
leaving the designated facility.
(3)
The requirements of 40 C.F.R. part 264,
subpart B, do not apply to remediation waste management sites,
other than those sites whichthat are located at facilities that
are subject to the licensing requirements under part 111 of the act and
these rules because the facility is also treating, storing, or disposing of
hazardous wastes that are not remediation wastes, provided that the owners or
operators of the remediation waste management sites comply with the
requirements of 40 40 C.F.R. §264.1(j)(1)
to (13).
(4) The provisions
of 40 C.F.R. part 264,
subpart B, except §264.15(b)(5), and §264.1(j)(1) to (13)
are adopted by reference in R 299.11003. For the purposes of this
adoption, the words "regional administrator" shall be replaced
by the word "director" and the word "§264.101" shall
be replaceds by the word "R 299.9629."
R 299.9606 Preparedness and prevention.
Rule
606. (1) Owners or operators of hazardous waste treatment, storage, and
disposal facilities shall comply with the provisions of 40 C.F.R. part 264,
subpart C, regarding preparedness and prevention unless otherwise
specified in this rule.
(2)
The requirements of 40 C.F.R. part 264,
subpart C, do not apply to remediation waste management sites,
other than those sites whichthat are located at facilities that
are subject to the permitting or licensing requirements under part 111 of
the act and these rules because the facility is also treating, storing, or
disposing of hazardous wastes that are not remediation wastes, provided that
the owners or operators of the remediation waste management sites comply with
the requirements of 40 C.F.R. §264.1(j)(1)
to (13).
(3)
The provisions of 40 C.F.R. part 264,
subpart C, and §264.1(j)(1) to (13) are adopted by reference in
R 299.11003. For the purposes of this adoption, the word
"§264.101" shall be replaceds by the word
"R 299.9629."
R 299.9607 Contingency plan and emergency procedures.
Rule
607. (1) Owners or operators of hazardous waste treatment, storage, and
disposal facilities shall maintain a contingency plan for the facility and
comply with 40 C.F.R. part 264,
subpart D, regarding the plan and emergency procedures, unless otherwise
specified in this rule.
(2)
If there is a fire, explosion, or other release of hazardous waste or hazardous
waste constituents that could threaten human health or the environment, or if
the owner or operator has knowledge that a spill has reached surface water or groundwater,
then the owner or operator shall immediately notify the department's pollution
emergency alerting system ‑ telephone number 800‑292‑4706.
The notification mustshall include all of the following
information:
(a)
The name and telephone number of the person whothat is reporting
the incident.
(b) The name, address, telephone number, and site identification number of the facility.
(c) The name, address, and telephone number of the owner or operator.
(d) The date, time, and type of incident.
(e) The name and quantity of the material or materials involved and released.
(f) The extent of injuries, if any.
(g) The estimated quantity and disposition of recovered material that resulted from the incident, if any.
(h) An assessment of actual or potential hazards to human health or the environment.
(i) The immediate response action taken.
(3) The
requirements of 40 C.F.R. part 264,
subpart D, do not apply to remediation waste management sites,
other than those sites whichthat are located at facilities that
are subject to the licensing requirements under part 111 of the act and
these rules because the facility is also treating, storing, or disposing of
hazardous wastes that are not remediation wastes, provided that the owners or
operators of the remediation waste management sites comply with 40 C.F.R. §264.1(j)(1)
to (13).
(4)
The provisions of 40 C.F.R. part 264,
subpart D, and §264.1(j)(1) to (13) are adopted by reference in
R 299.11003. For the purposes of the adoption by reference of 40 C.F.R. §264.52(b),
the words "operating license" shall replace the words "RCRA
permit." For the purposes of the adoption of 40 C.F.R. §264.56(i)
and §264.1(j)(1) to (13), the word "director" shall replaces
the words "regional administrator" and the word
"R 299.9629" shall replaces the word
"§264.101," respectively.
R 299.9608 Use of manifest system.
Rule 608. (1) If a
facility receives hazardous waste accompanied by a manifest, then the owner or
operator, or his or herthe owner or operator’s agent, shall comply
with 40 CFR 264.71(a).
(2) If a facility receives
a bulk rail shipment of hazardous waste or a from a rail or
water (bulk shipment) of hazardous waste from a transporter that is
accompanied by a shipping paper containing all the information required on the
manifest, excluding the site identification numbers, generator's certification,
and signatures, then the owner or operator, or the owner or operator's agent, shall
comply with 40 CFR 264.71(b) and return a legible copy of the
manifest to the director or his or herthe director’s designee
within a period of 10 days after the end of the month in which the waste
was received. If the generator state and the destination state are the same,
the owner or operator, or his or herthe owner or operator’s
agent, shall only submit 1 copy of the manifest to the director or his
or herthe director’s designee.
(3) If a shipment of hazardous waste is initiated from a facility, then the owner or operator of that facility shall comply with the requirements of part 3 of these rules.
(4) Within 3 working days of the receipt of a shipment subject to R 299.9314, the owner or operator shall provide a copy of the movement document bearing all required signatures to the exporter, to competent authorities of the countries of export and transit that control the shipment as an export and transit of hazardous waste, respectively, and to the EPA electronically using WIETS, or its successor system. The owner or operator shall maintain the original copy of the movement document at the facility for not less than 3 years from the date of signature. The owner or operator may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility’s account on WIETS or its successor program if copies are readily available for viewing and production if requested by the EPA or authorized state inspector. The owner or operator may not be held liable for the inability to produce the documents for inspection under this subrule if the inability to produce the document is due exclusively to technical difficulty with WIETS, or its successor system, for which the owner or operator bears no responsibility.
(5) The owner or operator shall determine if the consignment state for a shipment regulates any additional wastes, beyond those regulated federally, as hazardous wastes under its state hazardous waste program. The owner or operator shall also determine if the consignment state or the generator state requires the owner or operator to submit any copies of the manifests to these states.
(6) Electronic manifests that are obtained, completed, and transmitted in accordance with 40 CFR 262.20(a)(3) and used in accordance with this rule instead of paper manifests are the legal equivalent of paper manifests bearing handwritten signatures, and satisfy any requirement in these rules to obtain, complete, sign, provide, use, or retain a manifest as outlined in 40 CFR 264.71(f) and (k).
(7) An owner or operator may participate in the electronic manifest system either by accessing the system from the owner or operator’s electronic equipment, or from portable equipment brought to the facility by the transporter who delivers the hazardous waste shipment, and by complying with 40 CFR 264.71(i).
(8) If an owner or operator receives a hazardous waste shipment that is accompanied by a paper replacement manifest for a manifest that originated electronically, the owner or operator shall comply with 40 CFR 264.71(h).
(9) An owner or operator whothat
is a users of the electronic manifest system format
may be assessed a user fee by the EPA for the origination or processing of each
electronic manifest. An owner or operator may also be assessed a user fee by
the EPA for the collection and processing of paper manifest copies that owners
or operators are required to submit in accordance with 40 CFR 264.71(a)(2)(v).
The EPA shall establish, publish, maintain, and update the user fees in
accordance with 40 CFR 264.71(j).
(10) Electronic manifest signatures must meet the criteria described in 40 CFR 262.25.
(11) After an owner or operator has certified to the receipt of a hazardous waste by signing Item 20 of the manifest, any post-receipt data corrections must be made in accordance with 40 CFR 264.71(l).
(12) Upon discovering a manifest discrepancy, as defined in 40 CFR 264.72(a), including a significant difference as defined in 40 CFR 264.72(b), the owner or operator shall comply with 40 CFR 264.72(c) to (g) and distribute copies of the manifest pursuant to subrules (1) and (2) of this rule.
(13) The requirements of this rule do not apply to owners or operators of off-site facilities with respect to waste military munitions exempted from manifesting requirements under R 299.9818.
(14) Owners and operators shall comply with the manifest and fee requirements for the electronic hazardous waste manifest program that are established and administered by the EPA in accordance with 40 CFR 260.4 and 260.5 and part 264, subpart FF.
(15) 40 CFR 260.4, 260.5, 264.71(a), (b), (f), and (h) to (l), and 264.72 are adopted by reference in R 299.11003. For the purposes of adoption, the term "site identification number" replaces the term "EPA identification number," the term "R 299.9207" replaces the term "§261.7(b)," and the term "R 299.9309(1)(a)" replaces the term "§262.20(a)."
R 299.9609 Operating record; availability, retention, and disposition of records.
Rule
609. (1) An owner or operator shall keep a written operating record at his
or herthe owner or operator’s facility, or in an alternate location
approved by the director or the director’s designee. The following information
mustshall be recorded as it becomes available and shall be maintained
in the operating record until closure of the facility:
(a)
The information required by the provisions of 40 C.F.R.
§264.73(b)(1) to (4), (6), (8), (10), (18), and (19), and 40 C.F.R. part 264,
appendix I.
(b)
Any oOther records required to be keptmaintained in
the operating record by an operating license.
(2)
The information required by the provisions of 40 C.F.R. §264.73(b)(5),
(7), (9), and (11) to (17) mustshall be recorded as it becomes
available and shall be maintained in the operator record in accordance
with the time periods specified therein.
(3)
All records, including plans, required under this part mustshall
be furnished upon request, and made available at all reasonable times for
inspection, by any officer, employee, or representative of the department who
is duly designated by the director.
(4) The retention period for all records required under this part is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the director or administrator.
(5)
A copy of records of waste disposal locations and quantities under
subrule (1) of this rule mustshall be submitted to the
director, or his or herthe director’s designee, the regional
administrator, and local land authority upon closure of the facility.
(6)
The provisions of 40 C.F.R. §264.73 and
part 264, appendix I, are adopted by reference in R 299.11003.
R 299.9610 Reporting.
Rule 610. (1) The owner or operator shall provide to the director or the director's designee the data necessary for the department to prepare and submit Michigan's hazardous waste report as required to the EPA. The owner or operator shall submit the data in a format specified by the director or the director's designee. The data must be acquired from the information required in parts 3 and 6 of the rules, the operating reports required in subrule (3) of this rule, other reporting mechanisms used by the director to obtain the information specified in 40 CFR 264.75, and by the EPA as part of a federal information collection request published in conjunction with 40 CFR 264.75.
(2) If a facility accepts
for treatment, storage, or disposal any hazardous waste from an off‑site
source without an accompanying manifest or without an accompanying shipping
paper as described in 40 CFR 263.20(e), and if the waste is not
excluded from the manifest requirement by R 299.9304, then the owner or
operator shall prepare and submit a single copy of a report to the director or his
or herthe director’s designee, which the within 15 days
after receiving the waste. The unmanifested waste report must be submitted on
a form approved by the director. The report must be designated
"Unmanifested Waste Report" and must include all of the
following information:
(a) The site identification number, name, and address of the facility.
(b) The date the facility received the waste.
(c) The site identification number, name, and address of the generator and the transporter, if available.
(d) A description and the quantity of each unmanifested hazardous waste and facility received.
(e) The method of treatment, storage, or disposal for each hazardous waste.
(f) The certification signed by the owner or operator of the facility or the owner or operator's authorized representative.
(g) A brief explanation of why the waste was unmanifested, if known.
(3) The owner or operator
of a hazardous waste treatment or disposal facility on the site of generation
shall submit an operating report to the director or his or herthe
director’s designee, on forms provided by the director, which summarizes
all managed hazardous wastes treated or disposed of, including the hazardous
waste number of the wastes, quantity, method of treatment or disposal, and
dates of treatment or disposal. The report must be submitted to the director
within 10 days after the end of March, June, September, and December of
each year, unless more frequent submissions are required by the director or his
or herthe director’s designee.
(4) All reports must be signed and certified pursuant to 40 CFR 270.11, which is adopted by reference in R 299.11003.
(5) 40 CFR 263.20(3) is adopted by reference in R 299.11003.
R 299.9611 Environmental monitoring.
Rule
611. (1) An owner or operator of a hazardous waste treatment, storage, or
disposal facility shall develop an environmental monitoring program that is
capable ofcan detecting a release of hazardous waste or
hazardous waste constituents from the facility.
(2)
An owner or operator shall do all of the following as part of the
environmental monitoring program:
(a)
Prepare a sampling and analysis plan for each environmental monitoring program
that includes all of the following information:
(i) A sampling location map.
(ii) A sampling schedule.
(iii) The parameters to be analyzed.
(iv) The sampling equipment, well purging, and sample collection procedures.
(v) The field measured parameters.
(vi) The sampling preservation and handling techniques.
(vii) The sampling analytical protocols.
(viii) The field and laboratory quality assurance and quality control procedures.
(ix) The chain of custody procedures.
(x) The decontamination procedures.
(xi) The data analysis, including the statistical method used.
(b)
Conduct a groundwater monitoring program that is in compliances
with the requirements of R 299.9612, except as indicated in
subrule (3) of this rule.
(c)
Conduct an ambient air monitoring program approved by the director or his or
herthe director’s designee to detect violations of the provisions of
part 55 of the act.
(d) Conduct an annual soil monitoring program in areas subject to spills, such as loading and unloading areas, to detect hazardous wastes or hazardous waste constituents.
(3) The director shall waive the groundwater monitoring requirements of R 299.9612 if either of the following conditions is met:
(a) The facility is not a land disposal facility, and the owner or operator complies with 1 of the following provisions:
(i)
All treatment, storage, and waste handling activities take place inside or
under a structure that provides protection from precipitation and runoff and
the facility is in compliances with the provisions of
R 299.9604.
(ii) The owner or operator demonstrates, to the director's satisfaction, that monitoring is not required.
(iii) The owner or operator demonstrates, to the director's satisfaction, that a lesser degree of monitoring, or that alternate information regarding monitoring activities conducted in conjunction with response activity in the area of the hazardous waste management unit or units, can be utilized to demonstrate compliance with the provisions of part 111 of the act and these rules.
(b)
The director finds that there is no potential for migration of liquid from the
facility to the uppermost aquifer during the active life of the facility and
the postclosure care period specified pursuant to the provisions of 40 C.F.R. §264.117,
which is adopted by reference in R 299.11003. The demonstration mustshall
be certified by a qualified geologist or geotechnical engineer. To provide an
adequate margin of safety in the prediction of potential migration of liquid,
the owner or operator shall base any predictions made pursuant to this
subdivision on assumptions that maximize the rate of liquid migration.
(4) The director shall waive the requirements of subrule (2)(c) and (d) of this rule if the owner or operator demonstrates that monitoring is not required or that a lesser degree of monitoring can be utilized to demonstrate compliance with the provisions of part 111 of the act and these rules.
(5) The director shall require more intensive or extensive monitoring programs if needed to demonstrate compliance with the provisions of part 111 of the act or these rules.
(6) An owner or operator shall provide all environmental monitoring data to the director in electronic form within 60 days of the date of completion of the sampling or collection event, unless otherwise approved by the director.
R 299.9612 Groundwater monitoring.
Rule 612. (1) Owners or operators of facilities that treat, store, or dispose of hazardous waste shall comply with the requirements of R 299.9629 and 40 CFR part 264, subpart F, excluding 264.94(a)(2) and (3), 264.94(b) and (c), 264.100, and 264.101 and except as follows:
(a) The director may, in the facility operating license, extend the point of compliance into groundwaters other than the uppermost aquifer.
(b) In addition to wells required by 40 CFR part 264, subpart F, the owner or operator shall install wells at appropriate locations and depths to yield groundwater from any saturated zone other than the uppermost aquifer if the sampling will provide an earlier warning of failure from a hazardous waste management unit. All wells installed to monitor or evaluate groundwater must be constructed and abandoned in accordance with the well installation and well decommissioning procedures in ASTM standards D5092-04 and D5299-14, or a plan approved by the director.
(c) The director may
require sampling and analysis for secondary monitoring parameters at
frequencies specified in the facility operating license. If the owner or
operator determines that there is a statistically significant increase in
1 or more secondary monitoring parameters, then he or shethe
owner or operator shall do all of the following:
(i) Notify the director
or his or herthe director’s designee of the finding immediately.
(ii) Conduct verification sampling for both primary and secondary monitoring parameters, taking replicate measurements on each sample at each well in accordance with a plan approved by the director.
(iii) Redetermine if a
statistically significant increase has occurred in either primary or secondary
monitoring parameters and immediately notify the director or his or herthe
director’s designee of the results.
(d) The concentration
limit of a hazardous constituent established under 40 CFR 264.94(a)
must not exceed the background level of that constituent in groundwater, unless
a concentration limit which is not less stringent than that allowed under RCRA
has been established under part 31 or 201 of the act, MCL 324.3101 to
324.3134 and 324.20101 to 20142.
(e) To determine whether background values or concentration limits have been exceeded pursuant to 40 CFR 264.97(h), the owner or operator shall use a statistical test approved by the director in the facility operating license and determine if the difference between the mean of the constituent at each well, using all replicates taken, and either of the following is significant:
(i) The background value of the constituent as defined in the operating license.
(ii) The mean value of 1 year's initial sampling for the well itself where the 1‑year period is specified by the director in the facility operating license.
(f) The director may
require compliance monitoring and corrective action under 40 CFR 264.99;,
R 299.9629;, part 31 of the act, MCL 324.3101 to
324.3134;, and part 201 of the act, MCL 324.20101 to
324.20142, to be conducted under a consent agreement or other legally
binding agreement rather than under an operating license.
(g) Nothing in 40 CFR part 264, subpart F, or this rule must
restricts the director from taking action pursuant to section 11148
or 11151 of the act, MCL 324.11148 and 324.11151.
(h) The owner or operator has been granted a waiver by the director under R 299.9611(3).
(2) 40 CFR part 264, subpart F and 40 CFR part 264, appendix IX, excluding 264.94(a)(2) and (3), 264.94(b) and (c), 264.100, and 264.101, are adopted by reference in R 299.11003. For the purposes of adoption, the term "director" replaces the terms "regional administrator" or "administrator," the term "department" replaces the term "agency," the term "part 1 of these rules" replaces the term "§270.1(c)(7)," the term "R 299.9612 and R 299.9629" replaces the term "§§264.91 through 264.100," and the term "operating license" replaces the term "permit."
R 299.9613 Closure and postclosure.
Rule 613. (1) The
owner or operator of a hazardous waste treatment, storage, or disposal facility
shall comply with the closure and postclosure provisions of 40 C.F.R. part 264,
subpart G, except 40 C.F.R. §§264.112(d)(1),
264.115, and 264.120.
(2)
The owner or operator shall notify the director, in writing, not less than
60 days before the date on which the owner or operator expects to begin
partial or final closure of any or all hazardous waste management units at the
treatment, storage, or disposal facility. A copy of the current or updated
partial or final closure plan for the hazardous waste management unit or units
that are being closed mustshall accompany the notification.
(3)
Within 60 days of completion of closure of each hazardous waste management
unit at a facility, and within 60 days of the completion of final closure,
the owner or operator shall submit, to the director, by registered mail, a
certification that the hazardous waste management unit or facility, as
applicable, has been closed in accordance with the specifications in the
approved closure plan. The certification mustshall be signed by
the owner or operator and by an independent registered professional engineer
and include all of the following supporting documentation:
(a) The results of all sampling and analysis.
(b) Sampling and analysis procedures.
(c) A map showing the location where samples were obtained.
(d) Any statistical evaluations of sampling data.
(e) A summary of waste types and quantities removed from the site and the destination of these wastes.
(f) If soil has been excavated, the final depth and elevation of the excavation and a description of the fill material used.
(4)
Any documentation not listed in subrule (3) of this rule that supports the
independent registered professional engineer's certification mustshall
be furnished to the director upon request until the director releases the owner
or operator from the financial assurance requirements for closure pursuant to
the provisions of R 299.9703.
(5)
Not later than 60 days after completion of the established postclosure
care period for each hazardous waste disposal unit, the owner or operator shall
submit, to the director, by registered mail, a certification that the
postclosure care period for the hazardous waste disposal unit was performed in
accordance with the specifications in the approved postclosure plan. The
certification mustshall be signed by the owner or operator and an
independent registered professional engineer. Documentation supporting the
independent registered professional engineer's certification mustshall
be furnished to the director upon request until the director releases the owner
or operator from the financial requirements for postclosure pursuant to the
provisions of R 299.9703.
(6) The
environmental protection standards established pursuant to the provisions of
part 201 of the act mustshall
be used to perform closure and postclosure of a facility under part 111 of
the act if the limits are not less stringent than those allowed pursuant to the
provisions of RCRA.
(7)
The provisions of 40 C.F.R. part 264,
subpart G, except 40 C.F.R. §§264.112(d)(1),
264.115, and 264.120, are adopted by reference in R 299.11003. For the
purposes of this adoption, the word "director" shall replaces
the words "regional administrator" and the words
"R 299.9703(8) and R 299.9710(17)" shall replace the
word "40 C.F.R. §264.140(d).
R 299.9614 Use and management of containers.
Rule 614. (1) Owners or operators of all hazardous waste facilities that store containers of hazardous waste shall do both of the following:
(a) Comply with
all requirements of 40 C.F.R. part 264,
subpart I. If the owner or operator is unable to comply with 40 C.F.R. §264.176
or the authority having jurisdiction determines that an alternative to the
requirements of 40 C.F.R. §264.176 is
more protective of human health and the environment, then compliance with
40 C.F.R. §264.176 is considered achieved
by meeting the requirements of the fire prevention code and its rules. A copy
of an approval letter indicating that the containers are stored in compliance
with the fire prevention code and signed by the authority having jurisdiction mustshall be maintained at
the facility.
(b) Ensure that each container is labeled or marked clearly with the words "Hazardous Waste" and the hazardous waste number.
(2)
The provisions of 40 C.F.R. part 264,
subpart I, are adopted by reference in R 299.11003.
R 299.9615 Tank systems.
Rule
615. (1) Owners or operators who use existing or new tank systems,
whether aboveground, in-ground, on-ground, or underground tanks, to treat
or store hazardous waste shall comply with all of the requirements of
40 C.F.R. part 264, subpart J, except as
provided in subrule (4) of this rule, and ensure the tank systems are
not unfit for use.
(2)
Owners or operators of tank systems that doare not in compliancey
with the containment requirements of 40 C.F.R. §264.193(b)
to (f) shall do all of the following until either the tank system is
brought into compliance with the standards of 40 C.F.R.
§264.193(a) or until a variance is obtained as provided by 40 C.F.R. §264.193(h):
(a)
Ensure that aboveground tank systems that are used for the treatment or storage
of liquid hazardous wastes, or hazardous wastes whichthat could
generate free liquids during storage, are located in areas which are paved,
diked, curbed, or otherwise structurally enclosed so as to be able to contain
not less than 100% of the largest tank system within the enclosed area. Where
the hazardous wastes that are stored are incompatible with the materials of
construction of tank systems within the enclosed area, or where the tank
systems are interconnected so that a loss from one tank system may lead to
losses in other tank systems, the owner or operator shall ensure that all tank
systems are structurally enclosed so as to be able to contain not less than
100% of the liquid portion of the material being stored in all tank systems.
(b)
For underground tank systems that are used for the treatment or storage of
liquid hazardous wastes, or hazardous wastes that could generate free liquids,
do all of the following:
(i) Provide adequate secondary containment and a leachate collection and withdrawal system to contain any release of hazardous wastes or hazardous waste constituents from the tank system.
(ii) Conduct a complete inventory of hazardous wastes in the tank system not less than twice a month.
(iii)
Conduct leachate sampling and analysis at leastnot less than once
a year. If the inventories required pursuant to paragraph (ii) of this
subdivision indicate a loss of waste, leachate sampling and analysis mustshall
be performed within 24 hours of the discovery of the loss.
(3)
All tank systems whichthat are put into service after
July 14, 1986, or whichthat are upgraded pursuant to the
provisions of 40 C.F.R. §264.193 mustshall
be assessed by a corrosion expert in accordance with the
provisions of 40 C.F.R. §264.192(a)(3) and
provided with the necessary corrosion protection as determined pursuant to the
assessment.
(4)
All tank systems mustshall be designed, constructed, operated,
and maintained in compliance with the requirements of R 29.5101 to
R 29.5504 pursuant to the provisions of act 207.
(5) Owners or operators shall label tank systems in accordance with the provisions of NFPA standard no. 704.
(6) The director may waive the interim secondary containment requirements of subrule (2) of this rule for wastewater treatment units and elementary neutralization units based upon an assessment of the hydrogeological aspects of the site with respect to the provisions of part 31 of the act, the nature and volume of the waste treated or stored, and the location and nature of the facility.
(7)
NFPA standard no. 704 is adopted by reference in R 299.11002. The
provisions of 40 C.F.R. part 264,
subpart J, are adopted by reference in R 299.11003. For the purposes
of this adoption, the word "director" shall replaces
the words "regional administrator" and "administrator" and
the words "operating license application" shall replace the
words "part B."
R 299.9616 Surface impoundments.
Rule
616. (1) Owners or operators of facilities that use surface impoundments to
treat or store hazardous waste shall comply with the requirements of 40 C.F.R. part 264,
subpart K, except 40 C.F.R. §264.221(f).
For new surface impoundments or replacements or lateral expansions of an
existing portion of a surface impoundment or existing surface
impoundments where liners are constructed of materials that might allow wastes
to migrate into the liner, such as compacted clay, the liner mustshall,
at a minimum, be constructed in accordance with the standards for clay liners
contained in R 299.9620(2) and shall be designed, constructed, and
installed to prevent any migration of wastes out of the impoundment to the
adjacent subsurface soil, groundwater, or surface water at any time during the
active life, including the closure period, of the impoundment.
(2)
New surface impoundments or replacements or lateral expansions of an existing
portion of a surface impoundment or existing surface impoundments mustshall
contain a leak detection, containment, and removal system designed,
constructed, operated, and maintained in accordance with R 299.9622,
unless exempted under that rule.
(3)
The owner or operator of an existing surface impoundment shall not close the
impoundment as a landfill in accordance with the provisions of 40 C.F.R. §264.228
unless both of the following provisions are complied with:
(a) The site of the surface impoundment meets the location standards of R 299.9603 or can be engineered to meet these standards.
(b) The director does either of the following:
(i) Determines that all contaminated subsoils cannot be practicably removed.
(ii) Issues an operating license for a facility alteration.
(4)
The provisions of 40 C.F.R. part 264,
subpart K, except 40 C.F.R. §264.221(f),
are adopted by reference in R 299.11003.
R 299.9617 Waste piles.
Rule
617. (1) Owners or operators of facilities that store or treat hazardous waste
in piles shall comply with the provisions of 40 C.F.R. part 264,
subpart L, except 40 C.F.R. §264.251(f).
Where liners are constructed of materials that might allow waste to migrate
into the liner, such as compacted clay, the liner mustshall be
constructed in accordance with the standards for clay liners contained in
R 299.9620(2).
(2)
New waste piles mustshall contain a leak detection, containment,
and removal system designed, constructed, maintained, and operated in
accordance with R 299.9622, unless exempted under that rule.
(3)
The provisions of 40 C.F.R. part 264,
subpart L, except 40 C.F.R. §264.251(f),
are adopted by reference in R 299.11003.
R 299.9618 Land treatment.
Rule
618. (1) Owners or operators of facilities that treat or dispose of hazardous
waste in land treatment units shall comply with all requirements of 40 C.F.R. part 264,
subpart M, including requirements for food chain crops if applicable.
(2)
The provisions of 40 C.F.R. part 264,
subpart M, are incorporated by reference in R 299.11003.
R 299.9619 Landfills.
Rule 619. (1)
Owners or operators of facilities that use landfills to dispose of hazardous
waste shall comply with the design and operating requirements of 40 C.F.R. part 264,
subpart N, except 40 C.F.R. §264.301(f).
(2)
In addition to the liner system requirements of 40 C.F.R. §264.301,
the owner or operator of a landfill shall design the liner system to meet the
requirements of R 299.9620.
(3)
All landfills mustshall contain a leak detection, collection, and
removal system beneath the liner system that is designed, constructed,
operated, and maintained pursuant to R 299.9622, unless the landfill is
exempted pursuant to R 299.9622.
(4)
In addition to the requirements of 40 C.F.R. §264.301(a),
the leachate collection and removal system mustshall include all of
the following:
(a)
Not less than 30 centimeters of granular material that has a permeability
of 1 x 10‑2 centimeters per/
second or greater, as determined by ASTM standard no. D2434‑68, or a
layer of geosynthetic drainage materials with a transmissivity of 3 x 10-5
meters squared per 2/second or greater covered by a
minimum of 30 centimeters of a protective layer of granular material with
a permeability of 1 x 10-3 centimeters per/
second or greater, as determined by ASTM standard no. D2434-68.
(b) Either of the following:
(i) Provisions for discharging the leachate directly to a wastewater treatment unit.
(ii) Provisions for storing the quantity of leachate that is expected to be generated from all cells during a 24‑hour, 100‑year storm.
(c)
Leachate sumps that have all of the following:
(i) A volume
that can properly maintain a leachate head of no more than 30 centimeters,
(12 inches), on the liner.
(ii) A leachate removal system to remove liquid from the sump.
(iii) A device for continuously monitoring the quantity of leachate in the sump and removed from the landfill.
(5)
The director may approve alternate design or operating practices to those
specified in subrule (4) of this rule if the owner or operator demonstrates to
the director that suchthe design and operating practices,
together with location characteristics, comply with both of the following
requirements:
(a) The alternate
design and operating practices mustshall prevent the
migration of any hazardous constituent into the groundwater or surface water at
leastnot less than
as effectively as the leachate collection and removal systems
specified in subrule (4) of this rule.
(b)
The alternate design and operating practices mustshall allow the
detection of leaks of hazardous constituents through the top liner at leastnot
less than as effectively as the leachate collection and removal systems
specified in subrule (4) of this rule.
(6)
In addition to the closure and postclosure care requirements of 40 C.F.R. §264.310,
the owner or operator of a landfill shall do all of the following with
respect to closure and postclosure care:
(a)
Close the facility so that the final cover includes all of the following
unless the owner or operator substitutes an equivalent design whichthat
shall includes a flexible membrane liner component with a minimum
thickness of 1 millimeter, (40 mil), depending
on the type of material selected, and demonstrates to the director that it
provides equivalent environmental protection:
(i)
Compacted clay whichthat is in compliances
with the requirements of R 299.9620(3) and which is not less than
90 centimeters thick.
(ii) A flexible
membrane liner mustshall be placed
directly over the compacted clay layer required pursuant to paragraph (i) of
this subdivision (i).
(iii)
Not less than 60 centimeters of additional material, such as topsoil,
subsurface drainage media, or cobbles to prevent animal burrowing. The
additional material mustshall be applied in a manner that
protects the clay and any synthetic component from the effects of temperature,
erosion, and rooted vegetation. For temperature protection, the additional
material thickness mustshall equal not less than
60 centimeters or the maximum depth of frost penetration, whichever is
greater. In order to provide a minimum base for root penetration, the top
component of the additional material mustshall consist of not
less than 15 centimeters of topsoil.
(iv)
Slopes of the barrier layer, the drainage layer, and the top of the cover
system mustshall not be less than 4% at any location.
(b)
Establish shallow‑rooted grasses at the earliest possible time and
maintain the vegetation or use other erosion control measures so as to
stabilize the cap and prevent erosion. Erosion mustshall be
limited to not more than 2 tons per acre per year based on the universal
soil loss equation.
(c)
Establish a venting system to prevent the accumulations of gas. The venting
system mustshall be installed in a manner that does not adversely
affect the permeability of the cap and, if required pursuant to part 55 of
the act, gas emissions mustshall be monitored, collected, and
treated. The director shall exempt the owner or operator from this requirement
if the owner or operator demonstrates that gas will not be generated in the
landfill.
(7)
The director may approve alternative designs and maintenance practices to those
specified in subrule (6) of this rule for beneficial uses of closed
landfills if the owner or operator demonstrates to the director that suchthe
designs and maintenance practices for the landfill cover system will provide
equivalent environmental protection.
(8)
The provisions of 40 C.F.R. part 264,
subpart N, except 40 C.F.R. §264.301(f),
are adopted by reference in R 299.11003. For the purposes of this
adoption, the word "director" shall replaces the words
"regional administrator."
R 299.9620 Liner requirements for landfills, surface impoundments, and waste piles.
Rule
620. (1) A liner system mustshall be located, designed,
constructed, and operated so that there is no direct contact between the liners
and groundwater in a saturated zone such thatand moisture content
would not adversely affect the structural and containment integrity of
the liners.
(2)
The primary liner for a landfill mustshall be a composite liner.
The composite liner mustshall be designed to have a flexible
membrane liner meeting the requirements of 40 C.F.R. 264,
subpart N, directly over compacted clay which is a minimum of
150 centimeters thick and meets the requirements of subrule (3) of
this rule.
(3)
A compacted clay liner that is designed to meet the requirements of 40 C.F.R. §§264.221,
264.251, and 264.301, which are adopted by reference in R 299.11003, or
R 299.9619 mustshall meet all of the following
requirements for that clay liner:
(a) Comply with the criteria for a unified soil classification of CL or CH as determined by the provisions of ASTM standard D2487‑11.
(b) Have more than 25% of the soil particles be less than 5 microns in size.
(c) Be placed in
horizontal lifts of not more than 25 centimeters and be uniformly and
thoroughly compacted to the standards approved in the design. The lift
thickness mustshall not be more than
25 centimeters, (six inches), after
compaction. However, the material mustshall not be compacted to less than 90% of the maximum dry
density, as determined by the modified proctor test described in the provisions
of ASTM standard D1557-12, or 95% of the maximum dry density, as
determined by the standard proctor test described in the provisions of
ASTM standard D698-12, which are adopted by reference in
R 299.11001, and the moisture content mustshall be within a range of ‑2% to +5% of the optimum
moisture content.
(d)
Have a maximum permeability coefficient of 1.0 x 10‑7 centimeters/
per second or less at all points.
(4) The waste pile
or landfill base floor mustshall
be graded to a minimum slope of 2% in directions perpendicular to the leachate
collection pipes to promote drainage. The leachate pipes mustshall be laid on a slope of 1% or more in a direction to
intercept liquid flow. The director may approve an alternate design to those
specified in this subrule if the owner or operator demonstrates to the director
that suchthe design, together with location characteristics,
complies with both of the following requirements:
(a)
The alternate design will prevent the migration of any hazardous constituent
into the groundwater or surface water at leastnot less than as
effectively the design requirements specified in this subrule.
(b)
The alternate design will allow the detection of leaks of hazardous
constituents through the top liner at leastnot less than as
effectively as the design requirements specified in this rule.
(5)
Liner systems and leachate collection systems mustshall be
designed to prevent the damage of the materials of both systems in the event of
differential settlement of the foundation under worst case conditions.
R 299.9621 Quality control for landfills, surface impoundments, and waste piles.
Rule
621. (1) Owners or operators of landfills, surface impoundments, and waste
piles shall conduct a quality control program during construction whichthat
shall asensures all of the following:
(a) That the natural clay base meets or exceeds the thickness and permeability requirements of R 299.9603(5), by doing either of the following:
(i) Obtaining soil borings and determining the natural
moisture content as determined by ASTM standard D2216-10,;
grain size distribution, (sieve and hydrometer), as
determined by ASTM standards D6913-04 and D7928-16,;
classification by the unified soil classification system as determined by
ASTM standard D2487-11,; and Atterburg limits of
the soil as determined by ASTM standard D4318-10 at varying depths
every 100 feet,; and the permeability of an undisturbed
sample every 200 feet as determined by ASTM standard D5084‑10.
(ii)
Utilizing resistivity surveys to replace or supplement borings specified in
paragraph (i) of this subdivision. SuchThe resistivity
surveys mustshall employ an electrode spacing to give an
effective depth of penetration. A sufficient number of stations mustshall
be used to einsure that complete coverage to the edge of the
waste management area is provided and correlation with borings or wells is
obtained.
(b) That the natural clay base provides an adequate sub‑base for overlying liners and leachate collection and removal systems, by evaluating the subgrade conditions for stability and correcting wet or unstable areas.
(c)
That compacted clay liners meet or exceed the requirements of
R 299.9620(2), by doing all of the following:
(i)
Constructing the liner sucho that the bottom liner and the side
wall liner, (dike), will be continuous and
completely keyed together at all construction joints.
(ii) During winter construction, removing all ice and snow before placing the liner and not using frozen soil in any part of liner.
(iii) Determining the field density‑moisture of the liner material by utilizing the provisions of ASTM standard D6938-15 for each 1,000 cubic yards placed, with a minimum of 1 test per day of construction or layer of clay placed.
(iv)
Determining the particle size distribution, (sieve and hydrometer),
according to ASTM standards D6913-04 and D7928-16, Atterburg
limits according to ASTM standard D4318-10, and natural moisture content
according to ASTM standard D2216-10 of random samples of liner
material from each 5,000 cubic yards of material placed.
(v) Redetermining the density of liner materials by the modified proctor test, ASTM standard D1557‑12, when the texture of the soil changes and every 5,000 cubic yards placed.
(vi) Determining the permeability with water of a soil sample every 10,000 cubic yards placed by using ASTM standard D5084-10, which is adopted by reference in R 299.11001, or other method approved by the director on a sample that is not less than 2.8 inches in diameter.
(vii)
Verifying liner thickness and subgrade slope by a final elevation check to
ensure that all of the following requirements are met:
(A)
The final elevation mustshall be within plus or minus 0.2 feet
of the approved plans.
(B)
The slope reduction of the subgrade mustshall not be greater than
10% of the approved slopes.
(C)
The final clay liner thickness mustshall not be less than the
approved thickness at any point.
(d)
Thate synthetic liners are properly installed, by doing all of
the following:
(i)
Properly preparing the foundation for the liner by doing all of the
following:
(A) Compacting to the requirements of R 299.9620.
(B) Grading the foundation to a smooth and true line.
(C) Grading consistent with approved plans.
(D) Grading the foundation to be free from stones or deleterious material.
(E) Removing any vegetation from the foundation before installation of the liner.
(ii)
EInsuring that field seaming is done under the direction of a
registered professional engineer and when weather conditions are favorable for
installation.
(iii)
EInsuring that field seams, joints, and mechanical seals are
properly made by wiping contact surfaces clean of dirt, dust, moisture, or
other foreign material, asensuring that seaming is done in
accordance with manufacturer specifications, and testing all field seams by
nondestructive tests approved by the director.
(iv) Recording the ambient temperature and liner temperature hourly during liner installation or field seaming.
(e)
That leachate collection and leak detection, collection, and removal systems
are installed sucho that the requirements of this rule are met,
by doing both of the following:
(i)
Making elevation checks at leastnot less than every 200 feet
to verify the appropriate thickness of granular material.
(ii)
Sampling randomly at leastnot less than every 5,000 cubic
yards placed to verify the required aggregate classification.
(2) The quality
control program required by subrule (1) of this rule mustshall be documented by written daily records of all work
and tests performed during construction. All daily records mustshall be keptmaintained in the operating
record for the facility and be made available for inspection by the
director or his or herthe director’s authorized representative.
(3) ASTM standards D2216-10, D2487‑11, D1557-12, D2434‑68, D4318‑10, D5084-10, D6913‑04, and D7928-16 are adopted by reference in R 299.11001.
R 299.9622 Leak detection systems.
Rule
622. (1) Each new unit and lateral expansion or replacement of an existing
unit at a landfill, surface impoundment, waste pile, or land treatment facility
mustshall include a leak detection system capable of detecting,
collecting, and removing leaks of hazardous constituents at the earliest
practicable time.
(2)
If contamination is detected in the leak detection system required by this
rule, the owner or operator shall do all of the following:
(a) Immediately
notify the director or his or herthe director’s designee.
(b) Within 30 days, determine what failures have occurred in the liner system.
(c) If failures
have occurred, do either of the following on a schedule whichthat
iensures the protection of human health and the environment:
(i) Repair the
failures in the liner system and obtain the certification of a registered
professional engineer that, to the best of his or herthe professional
engineer’s knowledge and opinion, the failure has been corrected.
(ii) Cease placing waste in the failed unit and take action to prevent the migration of hazardous waste and hazardous waste constituents from the facility.
(3) The director shall grant an exemption from the
requirements for a leak detection system if the owner or operator satisfies the
waiver requirements for 2 liners and a leachate collection system between suchthe
liners established under the provisions of 40 C.F.R. part 264.301.
R 299.9623 Incinerators.
Rule 623. (1) Owners and operators of facilities that incinerate hazardous waste shall comply with all requirements of this rule, except as subrule (2) of this rule provides otherwise. The following facility owners or operators are considered to incinerate hazardous waste:
(a) Owners or operators of hazardous waste incinerators as defined in R 299.9104.
(b)
Owners or operators whothat burn hazardous waste in boilers or in
industrial furnaces to destroy the wastes.
(2)
Except as noted in this subrule and subrule (3) of this rule, part 6
of the rules does not apply to owners and operators of new hazardous waste
incinerators that become subject to the license requirements of these rules
after October 12, 2005, or to owners or operators of existing facilities
that incinerate hazardous waste if the owner or operator demonstrates compliance
with the air emission standards and limitations in 40 C.F.R. part 63,
subpart EEE, by conducting a comprehensive performance test and submitting
to the director a notification of compliance under 40 C.F.R. §§63.1207(j)
and 63.1210(d) whichthat documents compliance with the
requirements of 40 C.F.R. part 63,
subpart EEE. Nevertheless, even after this compliance demonstration is
made, the operating license conditions that are based on the standards of part
6 of the rules will continue to be in effect until they are removed from the
operating license or the operating license is terminated or revoked, unless the
operating license expressly provides otherwise. The director may apply this
subrule and subrule (3) of this rule, on a case‑by‑case basis,
for collecting information pursuant to R 299.9504(18) and (20) and
R 299.9521(3)(b) and (c).
(3) The maximum
achievable control technology standards of 40 C.F.R. part 63,
subpart EEE, do not supersede any of the following requirements:
(a) R 299.9601, R 299.9605 to R 299.9610, R 299.9612, R 299.9613, R 299.9630, R 299.9631, and part 7 of these rules.
(b) The
particulate matter standard of 40 C.F.R. §264.343(c),
if the owner or operator elects to comply with the alternative to the particulate
standard of 40 C.F.R. §§63.1206(b)(14)
and 63.1219(e).
(c)
The following requirements remain in effect for startup, shutdown, and
malfunction events even if a person elects to comply with 40 C.F.R. §270.235(a)(1)(i)
to minimize emissions of toxic compounds from these events:
(i) The
requirements of 40 C.F.R. §264.345(a) whichthat
require that an incinerator operate pursuant to the operating requirements
specified in the operating license.
(ii) The
requirements of 40 C.F.R. §264.345(c) whichthat
require compliance with the emission standards and operating requirements
during startup and shutdown if hazardous waste is in the combustion chamber,
except for particular hazardous wastes.
(4) Owners and
operators of facilities that incinerate hazardous waste shall comply with
40 C.F.R. part 264, subpart O, except
40 C.F.R. §264.340(a) to (d) and
264.344(a)(2) and (b).
(5) The owner or operator of a hazardous
waste incinerator shall burn only wastes specified in his or herthe
owner or operator’s operating license and only under operating conditions
specified for those wastes under this rule, except in approved trial burns or
trial operations. Other
hazardous wastes may be burned only after operating conditions have been
specified in an operating license. Operating requirements for new wastes may
be based on either trial burn results or alternative data included with the
operating license application.
(6) The
operating license for a new incinerator or the expansion, enlargement, or
alteration of an existing incinerator mustshall establish
appropriate conditions for each of the applicable requirements of this part,
including, but not limited to, allowable waste feeds and operating conditions
necessary to meet the requirements of
40 C.F.R. §264.345
and sufficient to comply with 40 C.F.R. §264.344(c)(1) and (2) for the period before and
during the trial burn.
(7) The
director may require trial operation of an incinerator and the submittal of a
trial operations plan containing the information specified in 40 C.F.R. §270.62(b)(2) under the following circumstances:
(a) Before the renewal of an incinerator's operating license under part 111 of the act.
(b) Before the licensing of an incinerator newly subjected to the license requirements of part 111 of the act and these rules.
(c) Before the approval of new waste types through an operating license modification.
(d) The
director has evidence that an incinerator may be emitting hazardous
constituents in quantities whichthat violate part 55 of the
act or these rules.
(8)
The requirements of 40 C.F.R. §270.62(a)
to (d) shall apply to facilities incinerating hazardous waste, except as
otherwise provided in these rules.
(9)
An incinerator burning hazardous waste mustshall be designed,
constructed, and maintained so that it will complyies with
part 55 of the act.
(10)
The director may, in addition, specify one1 or more principal
organic hazardous constituents from the lists of hazardous waste or hazardous
constituents contained in tables 201 to 206 of these rules.
(11) The
provisions of 40 C.F.R. part 63,
subpart EEE; 40 C.F.R. part 261,
appendix VIII; 40 C.F.R. part 264,
subpart O, except 40 C.F.R. §264.340(a)
to (d) and §264.344(a)(2) and (b); and 40 C.F.R. §§270.62(a)
to (d) and 270.235(a)(1)(i), are adopted by reference in R 299.11003. For
the purposes of this adoption, the references to "§124.10" shall
beare replaced with "R 299.9511,"
"270.19" shall beis replaced with
"R 299.9504," "§270.42" shall beis
replaced with "R 299.9519," and the word "permit" shall
beis replaced with "operating license."
R 299.9628 Requirements for miscellaneous units.
Rule
628. (1) An owner or operator of a facility that treats, stores, or disposes
of hazardous waste in miscellaneous units shall comply with the provisions of
40 C.F.R. part 264, subpart X.
(2)
Treatment of hazardous waste mustshall not be allowed in an
underground mine or cave.
(3)
In addition to the requirements of 40 C.F.R. part 264,
subpart X, and all other applicable requirements of these rules, an owner
or operator of a facility that stores or disposes of hazardous waste in an
underground mine or cave shall design, operate, and maintain the facility
throughout its active life and after closure to iensure all of
the following:
(a) Management of water so as to maintain the integrity of the mine or cave and protect human health and the environment.
(b) Proper transportation of waste from any surface operation to the final disposal or storage area in the mine or cave so as to prevent the release of a hazardous waste or hazardous waste constituent.
(c) Development of a waste placement map and maintenance of a daily log identifying waste placement locations and correlating those waste placement locations to surface property boundaries.
(d) That the mine or cave is not penetrated by drilling or otherwise adversely impacted by off‑site activities.
(4)
The provisions of 40 C.F.R. part 264,
subpart X, are adopted by reference in R 299.11003.
R 299.9629 Corrective action.
Rule
629. (1) Owners or operators of facilities that treat, store, or dispose of
hazardous waste shall conduct corrective action as necessary to protect the
public health, safety, welfare, and the environment pursuant to a corrective
action program approved by the director, unless otherwise specified in this
rule. The corrective action program mustshall be conducted as
follows:
(a) Owners or operators of facilities that apply for, or have been issued, an operating license pursuant to part 111 of the act shall institute corrective action for all releases of a contaminant from any waste management units at the facility, regardless of when the contaminant may have been placed in or released from the waste management unit.
(b) Owners or operators of facilities that are not included in subdivision (a) of this subrule and for which the owner or operator, or both, is or was subject to the interim status requirements defined in RCRA, except for facilities that have received formal written approval of the withdrawal of their EPA part A hazardous waste permit application from the director or the EPA, shall institute corrective action for all releases of hazardous waste from the facility, regardless of when the hazardous waste may have been placed in or released from the facility.
(2)
Owners or operators shall implement corrective action beyond the facility
boundary if the releases referenced in subrule (1) of this rule have or
may have migrated, or otherwise have or may have been emitted, beyond the
facility boundary, unless the owner or operator demonstrates, to the
satisfaction of the director, that, despite the owner's or operator's best
efforts, the owner or operator is unable to obtain the necessary permissions to
undertake suchthe actions. The owner or operator shall not be
relieved of all responsibility to clean up a release that has migrated or been
emitted beyond the facility boundary where off‑site access is denied. On‑site
measures to address suchthe releases mustshall be
determined on a case‑by‑case basis. Assurances of financial
responsibility for such corrective action mustshall be
provided.
(3)
The owners or operators whothat are required to establish a
corrective action program pursuant to part 111 of the act and these rules
shall, at a minimum, do the following, as applicable:
(a) For facilities that are specified in subdivision (a) of subrule (1) of this rule, the owner or operator, or both, shall take corrective action to ensure compliance with the groundwater protection standards, and, if necessary, other applicable environmental protection standards, established by the director. The director shall specify in an operating license, postclosure operating license, consent order, or other order, pursuant to this rule and R 299.9635 and R 299.9636, schedules of compliance for corrective action and assurances of financial responsibility for completing the corrective action and other requirements, including, any of the following:
(i)
A list of the hazardous wastes and hazardous constituents. The list of
hazardous constituents are is identified pursuant to 40 C.F.R.
§264.93.
(ii)
The groundwater protection standards whichthat are expressed as
concentration limits that are established pursuant to R 299.9612(1)(d) or
as concentration limits established pursuant to part 31 or part 201
of the act, if the limits are not less stringent than allowed pursuant
to RCRA.
(iii)
The environmental protection standards whichthat are necessary for
the cleanup and protection of soil, surface water, sediments, and ambient and
indoor air that are established pursuant to part 201 of the act on
the effective date of these rules if the limits are not less stringent than
allowed pursuant to RCRA.
(iv)
The compliance point or points at which the standards apply and at which
monitoring mustshall be conducted, which for groundwater are
specified pursuant to 40 C.F.R. §264.95.
(v)
The compliance period, which for groundwater is specified pursuant to 40 C.F.R.
§264.96.
(vi) The restoration and mitigation measures that are necessary to mitigate damage to the natural resources of the state, including wildlife, fish, wetlands, or other ecosystems.
(b) For
facilities that are specified in subdivision (b) of subrule (1)(b)
of this rule, the owner or operator, or both, shall take corrective action to
ensure compliance with the groundwater protection standards, and, if necessary,
other applicable environmental protection standards, established by the
director. The director shall specify in a consent order or other order,
pursuant to this rule, and R 299.9635, and
R 299.9636, schedules of compliance for corrective action and assurances
of financial responsibility for completing the corrective action and other
requirements, including any of the following:
(i) A list of the hazardous wastes and hazardous waste constituents.
(ii)
The groundwater protection standards whichthat are expressed as
concentration limits that are established pursuant to part 31 or
part 201 of the act if the limits are not less stringent than allowed
pursuant to RCRA.
(iii) The environmental protection standards which are necessary for the cleanup and protection of soil, surface water, sediments, and ambient and indoor air that are established pursuant to part 201 of the act on the effective date of these rules if the limits are not less stringent than allowed pursuant to RCRA.
(iv)
The compliance point or points at which the standards apply and at which monitoring
mustshall be conducted.
(v) The compliance period.
(vi) The restoration and mitigation measures that are necessary to mitigate damage to the natural resources of the state, including wildlife, fish, wetlands, or other ecosystems.
(4) The owner or operator shall implement a corrective action program that prevents contaminants, hazardous wastes, or hazardous waste constituents, as provided for in subrule (1) of this rule, from exceeding their respective protection standards or concentration limits at the compliance point by removing the contaminants, hazardous wastes, or hazardous waste constituents or treating them in place.
(5)
For facilities that are conducting a groundwater compliance monitoring program
at the time an operating license, postclosure operating license, consent order,
or other order is issued or entered, the owner or operator shall begin
groundwater corrective action within a reasonable time period after the
groundwater protection standard is exceeded. The director shall specify the
time period in the operating license, postclosure operating license, consent
order, or other order. If an operating license, postclosure operating license,
consent order, or other order includes a groundwater corrective action program
in addition to a compliance groundwater monitoring program, then the operating
license, postclosure operating license, consent order, or other order mustshall
specify when the corrective action groundwater program will begin, and
the corrective action groundwater program mustshall operate in
place of the compliance groundwater monitoring program.
(6)
In conjunction with a groundwater corrective action program, the owner or
operator shall establish and implement a groundwater monitoring program to
demonstrate the effectiveness of the groundwater corrective action program.
The monitoring program may be based on the requirements for a compliance
groundwater monitoring program and mustshall be as effective as
that program in determining compliance with the groundwater protection
standards specified in the operating license, postclosure operating license,
consent order, or other order and in determining the success of a corrective
action program pursuant to the provisions of subrule (8) of this rule,
where appropriate. All wells installed to monitor, evaluate, or remediate
groundwater mustshall be constructed and abandoned in
accordance with the well installation and well decommissioning procedures in
ASTM standards D5092-04 and D5299-14, or a plan approved by the director.
(7)
If there is an exceedance of a groundwater surface water interface standard
based on acute or chronic toxicity and established pursuant to
part 201 and part 31 of the act, at any of the groundwater
surface water interface compliance monitoring wells required by these rules and
approved by the department, then the owner or operator shall immediately do all
of the following:
(a)
Provide the department with written notification of the exceedance within
7 days ofafter obtaining knowledge and confirmation that the
exceedance is occurring or within 30 days ofafter the
effective date of this rule, whichever is later.
(b)
Within 60 days ofafter the date on which the notice in
subdivision (a) of this subrule is required, do 1 or more of the
following, unless an extension of a submittal or implementation deadline is
approved by the department. In reviewing extension requests, the department
shall consider the progress of any corrective action to date, whether or not
if site conditions inhibit
corrective action implementation, whether or not if the extension would adversely impact surface water
resources, and the nature and extent of the exceedances.
(i) Implement interim measures to prevent exceedances at the monitoring wells referenced in this subrule and submit to the department a proposal and schedule for completing corrective action to prevent a discharge that exceeds the standard.
(ii)
Provide the department with written notification of the owner or operator's
intent to propose another compliance monitoring point if one has yet not been
approved by the department. The notification mustshall include a
schedule for submission of the proposal for department approval. The
department may approve the schedule as submitted or direct reasonable
modifications in the schedule. The proposal for another compliance monitoring
point mustshall include all of the following:
(A) A demonstration that the proposed compliance monitoring points are more representative of the venting groundwater and allow a more accurate calculation of the discharge rate, in cubic feet per second, of that portion of the venting groundwater plume that exceeds, or is likely to exceed in the future, a groundwater surface water interface standard, than existing compliance monitoring wells.
(B) A demonstration that the locations where venting groundwater enters surface water have been comprehensively identified.
(C) A demonstration that the proposed compliance monitoring point allows for venting groundwater to be sampled before mixing with surface water.
(D) A demonstration that the proposed compliance monitoring point allows for reliable, representative monitoring of groundwater quality.
(E) Identification and documentation of the chemical, physical, or biological processes that result in the reduction of hazardous constituents between the original compliance monitoring wells required by these rules and the proposed compliance monitoring points.
(F) Consideration of changes in groundwater flow conditions so that samples collected from the proposed compliance monitoring point are representative of groundwater flowing to the surface water. The proposed compliance monitoring points may be located in a floodplain.
(G)
Identification of any sentinel monitoring points that will be used in
conjunction with the proposed compliance monitoring point to assure that any
potential exceedance of an applicable water quality standard can be identified
with sufficient notice to allow additional corrective action to be implemented
that will prevent the exceedance. Sentinel monitoring points mustshall
include, at a minimum, the original compliance monitoring wells required by
these rules.
(iii)
Provide the department with written notification of the owner or operator's
intent to propose a site-specific standard under section 20120(a)(2) of the
act, MCL 324.20120a(2). The notification mustshall
include a schedule for submission of the proposal for department approval. The
department may approve the schedule as submitted or direct reasonable
modifications in the schedule.
(c)
If the owner or operator does not implement an effective corrective action;
submit the notices, proposals, and schedules required in subdivision (b)
of this subrule; or comply with the schedules established under
subdivision (b) of this subrule; and no extension was approved by the
department, the owner or operator shall continue implementation of interim
measures to prevent the exceedance until another compliance monitoring
point or site-specific standard is approved by the department, or if the
proposal is not approved by the department, until a different corrective action
is implemented to protect the surface water. If another compliance monitoring
point was approved by the department before detection of the exceedance in that
compliance monitoring point, corrective action mustshall continue
as long as there is a reasonable potential for an exceedance to occur, or until
a different corrective action is implemented to protect the surface water. The
owner or operator shall document the interim measures taken to prevent
the exceedance and their effectiveness during the time that the department is
reviewing a proposal. If the proposal required under paragraph (ii) of
subdivision (b)(ii) of this subrule does not adequately document
the interim measures required to satisfy this rule, it mustshall
be considered incomplete, and the department shall not make a decision
on the proposal.
(8) In addition to the other requirements of this rule, the owner or operator shall conduct a corrective action program to remove or treat in place any contaminants, hazardous wastes, and hazardous waste constituents, as provided for in subrule (1) of this rule, that exceed the groundwater protection standards or other environmental protection standards that are specified by the director as follows:
(a) Between the compliance points that are established pursuant to subrule (3)(a)(iv) and (b)(iv) of this rule and the downgradient property boundary and beyond the facility boundary in accordance with subrule (2) of this rule.
(b)
Corrective action measures that are undertaken pursuant to this rule shallmust
identify the treatment zone and zone of engineering control and be
initiated and completed within a reasonable time period of time
considering the extent of contamination.
(c) Corrective action measures that are pursuant to this rule may be terminated once the environmental protection standards specified by the director in the facility operating license, postclosure operating license, consent order, or other order have been achieved for the required period.
(9)
The owner or operator shall continue corrective action measures during the
compliance period to the extent necessary to ensure that the environmental
protection standards are not exceeded. If the owner or operator is conducting
corrective action at the end of the compliance period, then corrective action mustshall
continue for as long as necessary to achieve compliance with the environmental
protection standards. The owner or operator may terminate corrective action
measures taken beyond the period equal to the active life of the waste
management area, including the closure period, if the owner or operator can
demonstrate that the environmental protection standards have been achieved for
the required period.
(10) An owner or operator shall provide all environmental data to the director in electronic form within 60 days after the date of completion of the sampling or collection event, unless otherwise approved by the director.
(101)
The owner or operator shall report, in writing, to the director, on the
effectiveness of the corrective action program pursuant to the schedule
specified in the operating license, postclosure operating license, consent
order, or other order, but not less than annually.
(112)
If an owner or operator determines that the corrective action program does not
satisfy the requirements of these rules, he or shethe owner or
operator shall, pursuant to the operating license, postclosure operating
license, consent order, or other order, submit an application for a license
modification or request a modification or termination of appropriate sections
of any consent order or other order.
(123)
The requirements of this rule do not apply to remediation waste management
sites unless they are part of a facility subject to the licensing requirements
under part 111 of the act and these rules because the facility is also
treating, storing, or disposing of hazardous wastes that are not
remediation wastes.
R 299.9630 Air emission standards for process vents.
Rule
630. (1) Owners or operators of treatment, storage, or disposal facilities
shall comply with the provisions of 40 C.F.R. part 264,
subpart AA.
(2)
The provisions of 40 C.F.R. part 264,
subpart AA are adopted by reference in R 299.11003. For the purposes
of this adoption, the word "director" shall replaces
the words "regional administrator" and "administrator."
R 299.9631 Air emission standards for equipment leaks.
Rule
631. (1) Owners or operators of treatment, storage, or disposal facilities shall
comply with the provisions of 40 C.F.R. part 264,
subpart BB.
(2)
The provisions of 40 C.F.R. part 264,
subpart BB are adopted by reference in R 299.11003. For the purposes
of this adoption, the word "director" shall replaces the
words "regional administrator" and "administrator."
R 299.9632 Drip pads.
Rule
632. (1) Owners or operators of facilities that use new or existing drip pads
to convey treated wood drippage, precipitation, or surface water run‑off
to an associated collection system shall comply with the provisions of
40 C.F.R. part 264, subpart W.
(2)
For the purposes of this rule, existing drip pads are those constructed
before December 6, 1990, and those for which the owner or operator
had a design and had entered into binding financial or other agreements for
construction prior to December 6, 1990. All other drip pads are new drip
pads.
(3)
The provisions of 40 C.F.R. part 264, subpart W, are
adopted by reference in R 299.11003. For the purposes of this adoption,
the word "director" shall replaces the words
"regional administrator" and "administrator."
R 299.9633 Hazardous waste treatment.
Rule
633. (1) An owner or operator of a facility that treats hazardous waste
shall ensure that the treatment process will change the physical, chemical, or
biological character or composition of the waste to do any of the following:
(a) Neutralize the waste.
(b) Recover energy or material resources from the waste.
(c) Render the waste nonhazardous, safer for handling or transport, amenable to recovery, amenable to storage, or reduced in volume.
(d) Chemically bind or render toxic constituents nonhazardous rather than only diluted.
R 299.9634 Air emission standards for tanks, surface impoundments, and containers.
Rule
634. (1) Owners or operators of treatment, storage, or disposal facilities
shall comply with the provisions of 40 C.F.R. part 264,
subpart CC.
(2)
The provisions of 40 C.F.R. part 264,
subpart CC, are adopted by reference in R 299.11003. For the
purposes of this adoption, the word "director" shall replaces
the words "regional administrator" and "administrator."
R 299.9635 Corrective action management unit requirements.
Rule
635. (1) Unless otherwise specified in this rule, corrective action management
units are shall be subject to all of the
requirements of this rule.
(2)
Corrective action management units that were approved before April 22,
2002, or for which substantially complete applications or equivalents were
submitted to the department on or before November 20, 2000, shall are
only be subject to the requirements of this subrule. The waste,
activities, and design associated with these grandfathered corrective action
management units are shall not be subject to
subrules (3) to (20) of this rule provided the waste, activities, and
design remain within the general scope of the corrective action management unit
as approved. With respect to these grandfathered corrective action management
units, the term corrective action management unit shall means an
area within a facility that is used only for managing remediation wastes for
implementing corrective action or cleanup at the facility. For the purposes
of implementing corrective action remedies under part 111 of the act
and these rules or implementing remedies at licensed facilities that are not
subject to corrective action under part 111 of the act and these rules,
the director may designate in a license or enforceable document an area of a
facility as a corrective action management unit. Corrective action management
units mustshall be located within the contiguous property under
the control of the owner or operator where the wastes to be managed in the
corrective action management unit originated. One or more corrective action
management units may be designated at a facility.
(3)
For the purposes of implementing corrective action remedies under
part 111 of the act and these rules or implementing remedies at licensed
facilities that are not subject to corrective action under part 111 of the
act and these rules, the director may designate in a license or enforceable
document an area at a facility as a corrective action management unit. With
respect to these corrective action management units, the term corrective action
management unit means an area within a facility that is used only for managing
corrective action management unit-eligible wastes for implementing corrective
action or cleanup at the facility. A corrective action management unit mustshall
be located within the contiguous property under the control of the owner
or operator where the wastes to be managed in the corrective action management
unit originated. One or more corrective action management units may be
designated at a facility.
(4)
The director may prohibit, where appropriate, the placement of waste in a
corrective action management unit if the director has or receives information
that the waste has not been managed in compliance with applicable land disposal
treatment standards of 40 C.F.R. part 268
or applicable unit design requirements of part 6 of these rules, or that
noncompliance with other applicable requirements of part 6 of these rules
likely contributed to the release of the waste.
(5)
The placement of bulk or noncontainerized liquid hazardous waste or free
liquids contained in hazardous waste, whether or not sorbents have been added,
in any corrective action management unit is prohibited except where the
placement of suchthe waste facilitates the remedy selected for
the waste. The requirements in R 299.9619 for placement of containers
holding free liquids in landfills apply to placement in a corrective action
management unit except where the placement facilitates the remedy selected for
the waste. The placement of any liquid whichthat is not a
hazardous waste in a corrective action management unit is prohibited unless suchthe
placement facilitates the remedy selected for the waste or a demonstration is
made pursuant to R 299.9619. The absence or presence of free liquids in
either a containerized or a bulk waste mustshall be determined
pursuant to R 299.9619. Sorbents used to treat free liquids in corrective
action management units mustshall meet the requirements of
R 299.9619.
(6) The placement
of corrective action management unit-eligible wastes into or within a
corrective action management unit does not constitute land disposal for the
purposes of part 111 of the act or these rules.
(7) The consolidation or placement of corrective action management unit-eligible wastes into or within a corrective action management unit does not constitute the creation of a unit subject to the minimum technology requirements of these rules.
(8) The director may designate a hazardous waste management unit as a corrective action management unit or incorporate a hazardous waste management unit into a corrective action management unit provided both of the following requirements are met:
(a) The hazardous waste management unit is closed or the closure process under part 6 of these rules has been initiated.
(b) The inclusion of the hazardous waste management unit into the corrective action management unit will enhance the implementation of effective, protective, and reliable remedial actions for the facility.
(9)
All of the following requirements that applied to the hazardous waste
management unit continue to apply to that portion of a corrective action
management unit containing the hazardous waste management unit regardless of
the designation of the hazardous waste management unit as a corrective action
management unit or the incorporation of the hazardous waste management unit
into a corrective action management unit:
(a) R 299.9612.
(b) R 299.9629.
(c)
40 C.F.R. part 265, subpart F.
(d) R 299.9613.
(e)
40 C.F.R. part 265, subpart G.
(f) Part 7 of these rules.
(g)
The unit-specific requirements of part 6 of these rules that applied
to the hazardous waste management unit.
(10)
In designating an area at a facility as a corrective action management unit the
director shall ensure that the corrective action management unit meets all of
the following requirements:
(a) The corrective action management unit facilitates the implementation of reliable, effective, protective, and cost-effective remedies.
(b)
The waste management activities associated with the corrective action
management unit do not create unacceptable risks to humans or to the
environment whichthat result from exposure to hazardous wastes or
hazardous constituents.
(c)
The corrective action management unit contains only contaminated areas of the
facility unless the inclusion of uncontaminated areas of the facility for the
purpose of managing corrective action management unit-eligible waste is
more protective than management of suchthe wastes at contaminated
areas of the facility.
(d) Areas within the corrective action management unit where wastes will remain in place after closure of the unit are managed and contained so as to minimize future releases, to the extent practicable.
(e) The corrective action management unit expedites the timing of remedial activity implementation, when appropriate and practicable.
(f) The corrective action management unit enables the use, when appropriate, of treatment technologies to enhance the long-term effectiveness of the remedial actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the unit.
(g)
The corrective action management unit, to the extent practicable, minimizes the
land area of the facility upon which wastes will remain in place after
closure of the unit.
(11)
The owner or operator shall provide the director with sufficient information to
enable the director to designate a corrective action management unit pursuant
to the criteria specified in this rule. Information on all of the following
mustshall be included unless it is not reasonably available:
(a) The origin of the waste and how it was subsequently managed, including a description of the timing and circumstances surrounding the disposal or release.
(b) Whether the waste was listed or identified as hazardous at the time of disposal or release.
(c)
Whether the disposal or release of the waste occurred before or after the land
disposal requirements of 40 C.F.R. part 268
were in effect for the waste listing or characteristic.
(12)
The director shall specify all of the following information in the
license or order for each corrective action management unit:
(a) The areal configuration of the corrective action management unit.
(b) Except as provided for in subrule (16) of this rule, the requirements for corrective action management unit-eligible waste management, including the specification of applicable design, operation, treatment, and closure requirements.
(c)
The minimum design requirements for the corrective action management unit.
Except as provided in subrule (15) of this rule, corrective action
management units that consist of new, replacement, or laterally expanded units mustshall
include a composite liner and a leachate collection system that is designed and
constructed to maintain less than a 30‑centimeter depth of leachate over
the liner. The composite liner system mustshall consist of two
components; the upper component mustshall consist of a minimum 30‑mil
flexible membrane liner, and the lower component mustshall
consist of at leastnot less than a 2‑foot layer of
compacted soil with a hydraulic conductivity of not more than 1 x 10‑7centimeters
per /second. Flexible membrane liner components consisting of
high‑density polyethylene mustshall be at leastnot
less than 60 mil thick and shall be installed in direct and
uniform contact with the compacted soil component. The director may approve
alternate design requirements if the director determines either of the
following:
(i)
Alternate design and operating practices, together with location
characteristics, mustshall prevent the migration of any hazardous
constituents into the groundwater or surface water at leastnot less
than as effectively as the liner and leachate collection systems
requirements specified in this subdivision.
(ii)
The corrective action management unit is to be established in an area with
existing significant levels of contamination, and an alternative design,
including a design that does not include a liner, shall prevents
migration from the unit that would exceed long-term remediation goals.
(d)
The minimum treatment requirements. Unless the wastes will be placed in a
corrective action management unit for storage or treatment only pursuant to
subrule (15) of this rule, corrective action management unit-eligible
wastes that, absent this rule, would be subject to the land disposal treatment
standards of 40 C.F.R. part 268, and that
the director determines contain principal hazardous constituents, mustshall
be treated to the standards specified in this subdivision. Principal hazardous
constituents are those constituents that the director determines pose a risk to
human health and the environment substantially higher than the cleanup levels
or goals at the site. Principal hazardous constituents include carcinogens
that pose a potential direct risk from ingestion or inhalation at the site at
or above 10-3, non‑carcinogens that pose a potential direct
risk from ingestion or inhalation an order of magnitude or greater over their
reference dose, other constituents if the risks to human health and the
environment posed by the potential migration of the constituents in the wastes
to groundwater are substantially higher than the cleanup levels or goals at the
site after considering constituent concentrations, and fate and transport
characteristics under site conditions, and other constituents that pose a risk
to human health and the environment substantially higher than the cleanup
levels or goals at the site. The treatment standards for wastes placed in
corrective action management units are as follows, unless the director adjusts
the treatment level or method pursuant to subrule (13) of this rule:
(i)
For non-metals, the treatment mustshall achieve 90% reduction in
total principal hazardous constituent concentrations.
(ii)
For metals, the treatment mustshall achieve 90% reduction in principle
hazardous constituent concentrations as measured in leachate from the treated
waste or media, and tested according to the toxicity characteristic leaching
procedure, or 90% reduction in total constituent concentrations when a metal
removal treatment technology is used. For metal bearing wastes for which
metals removal treatment is not used, the director may specify a leaching test
other than the toxicity characteristic leaching procedure to measure treatment
effectiveness if the director determines that an alternative leach testing
protocol is appropriate for use, and that the alternative more accurately
reflects conditions at the site that affect leaching.
(iii)
When treatment of any principal hazardous constituent to a 90% reduction
standard would result in a concentration less than 10 times the universal
treatment standard for that constituent as outlined in 40 C.F.R. §268.48,
treatment to achieve constituent concentrations less than 10 times the
universal treatment standard is not required.
(iv)
For waste exhibiting the hazardous characteristic of ignitability, corrosivity,
or reactivity, the waste mustshall also be treated to eliminate
these characteristics.
(v)
for debris, the debris mustshall
be treated pursuant to 40 c.f.r. §268.45,
or by methods or to levels established under subparagraphs (i), (ii),
(iii), and (iv) of this subdivision or subrule (13) of this rule,
whichever the director determines is appropriate.
(e)
The requirements for groundwater monitoring and corrective action as necessary
to provide for all of the following:
(i) The continued detection and characterization of the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in the groundwater from sources located within the corrective action management unit.
(ii) The detection and subsequent characterization of releases of hazardous constituents to the groundwater that may occur from areas of the corrective action management unit in which wastes will remain in place after closure of the unit.
(iii) The notification of the director and corrective action as necessary to protect human health and the environment for releases to groundwater from the corrective action management unit.
(f) Closure
requirements as necessary to minimize the need for further maintenance and
control, minimize, or eliminate, to the extent necessary to protect human
health and the environment, for areas where wastes remain in place, postclosure
escape of hazardous waste, hazardous constituents, leachate, contaminated
runoff, or hazardous waste decomposition products to the ground, surface
waters, or atmosphere. The requirements for closure mustshall include all of the following information as
appropriate and deemed necessary by the director for a given corrective action
management unit, after considering the characteristics of the unit, volume of
wastes whichthat will remain in place after closure, potential
for releases from the corrective action management unit, physical and chemical
characteristics of the wastes, hydrogeological and other relevant environmental
conditions at the facility whichthat may influence the migration
of any potential or actual releases, and potential for exposure of humans and
environmental receptors if releases were to occur from the unit:
(i) The requirements for excavation, removal, treatment, and containment of the wastes.
(ii) The requirements for removal and decontamination of equipment, devices, and structures used in corrective action management unit-eligible waste management activities within the corrective action management unit.
(iii)
For areas in which wastes will remain in place after closure of the corrective
action management unit, the requirements for capping these areas. If the waste
remaining in the corrective action management unit after closure has
constituent concentrations at or above remedial levels or goals applicable to
the site, the unit mustshall be provided with a final cover that
is designed and constructed to meet the following performance criteria, unless
the director determines that modifications to the requirements of this
subparagraph are necessary to facilitate treatment or the performance of the
unit:
(A) Provide long-term minimization of migration of liquids through the closed unit.
(B) Function with minimum maintenance.
(C) Promote drainage and minimize erosion or abrasion of the cover.
(D) Accommodate settling and subsidence so that the cover's integrity is maintained.
(E) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
(g)
The postclosure requirements as necessary to protect human health and the
environment, including, for areas in which wastes will remain in place,
monitoring and maintenance activities and the frequency at which the activities
mustshall be performed to ensure the integrity of any cap, final
cover, or other containment system.
(13) The director may adjust the treatment level or method in subrule (12)(d) of this rule to a higher or lower level, based on 1 or more of the following factors, provided the adjusted level or method is protective of human health and the environment:
(a) The technical impractability of treatment to the levels or by the methods in subrule (12)(d) of this rule.
(b) The levels or methods in subrule (12)(d) of this rule would result in concentrations of principal hazardous constituents that are significantly above or below cleanup standards applicable to the site, established either site-specifically or promulgated under state or federal law.
(c) The views of the affected local community on the treatment levels or methods in subrule (12)(d) of this rule as applied at the site, and, for treatment levels, the treatment methods necessary to achieve these levels.
(d) The short-term risks presented by the on-site treatment method necessary to achieve the levels or treatment methods in subrule (12)(d) of this rule.
(e) The long-term protection offered by the engineering design of the corrective action management unit and related engineering controls where 1 of the following conditions are met:
(i) The treatment standards of subrule (12)(d) of this rule are substantially met and the principal hazardous constituents in the waste or residuals are of very low mobility.
(ii) Cost-effective treatment has been used and the corrective action management unit meets the liner and leachate collection requirements for new land disposal units in part 6 of these rules.
(iii) After review of appropriate treatment technologies, the director determines that cost‑effective treatment is not reasonably available, and the corrective action management unit meets the liner and leachate collection requirements for new land disposal units in part 6 of these rules.
(iv) The cost-effective treatment has been used and the principal hazardous constituents in the treated wastes are of very low mobility.
(v) After review of the appropriate treatment technologies, the director determines that cost‑effective treatment is not reasonably available, the principal hazardous constituents in the wastes are of very low mobility, and either the corrective action management unit meets or exceeds the liner standards for new, replacement, or laterally expanded corrective action management units in subrule (12)(c) of this rule, or the corrective action management unit provides substantially equivalent or greater protection.
(14)
The treatment required by the treatment standards of this rule mustshall
be completed before, or within a reasonable time after, placement in the
corrective action management unit. For the purposes of determining
whether wastes placed in corrective action management units have been treated
to site-specific treatment standards and treatment completed, the director may,
as appropriate, specify a subset of the principal hazardous constituents in the
waste as analytical surrogates for determining whether treatment standards have
been met for other principal hazardous constituents. This specification mustshall
be based on the degree of difficulty of treatment and analysis of constituents
with similar treatment properties.
(15)
Corrective action management units that are used for storage or treatment only
are units in which waste will not remain after closure. These corrective
action management units mustshall be designated pursuant to all of
the requirements of this rule, except as follows:
(a)
Corrective action management units that are used for storage or treatment only
and that operate pursuant to the time limits established in 40 C.F.R. §§264.554(d)(1)(iii),
(h), and (i), are subject to the requirements for staging piles in 40 C.F.R.
§§264.554(d)(1)(i) and (ii), (d)(2), (e), (f), (j), and (k), which are
adopted by reference in R 299.9638, instead of the performance standards
and requirements for corrective action management units in subrules (10)
and (12)(c) to (f) of this rule.
(b)
Corrective action management units that are used for storage or treatment only
and that do not operate pursuant to the time limits established in 40 C.F.R. §§264.554(d)(1)(iii),
(h), and (i) mustshall operate pursuant to a time limit
established by the director, that is no longer than necessary to achieve a
timely remedy selected for the waste and are subject to the requirements for
staging piles in 40 C.F.R. §§264.554(d)(1)(i)
and (ii), (d)(2), (e), (f), (j), and (k) instead of the performance standards
and requirements for corrective action management units in subrules (10)
and (12)(d) to (f) of this rule.
(16) Corrective action management units into which wastes are placed where all wastes have constituent levels at or below remedial levels or goals applicable to the site may comply with the requirements for liners in subrule (12)(c) of this rule, caps in subrule (12)(f)(iii) of this rule, groundwater monitoring requirements in subrule (12)(e) of this rule, or for treatment or storage corrective action management units, the design standards of subrule (15) of this rule.
(17)
The director shall provide public notice and a reasonable opportunity for
public comment before designating a corrective action management unit. The
notice mustshall include the rationale for any proposed
adjustments under subrule (13) of this rule to the treatment standards in
subrule (12)(d) of this rule.
(18)
Notwithstanding any other provisions of this rule, the director
may impose additional requirements as necessary to protect human health and the
environment.
(19)
The incorporation of a corrective action management unit into an existing
license mustshall be approved by the director pursuant to R 299.9519
and R 299.9520.
(20) The designation of a corrective action management unit does not change the department's existing authority to address environmental protection standards, media-specific points of compliance to be applied to remediation at a facility, or other remedy selection decisions.
R 299.9636 Temporary unit requirements.
Rule
636. (1) For the purposes of implementing corrective action remedies
under part 111 of the act and these rules or implementing remedies at
facilities that are not subject to corrective action under part 111 of the
act and these rules, the director may designate tank or container storage units
used for the treatment or storage of remediation wastes as temporary units. A
temporary unit mustshall be located within the contiguous
property under the control of the owner or operator where the wastes to be
managed in the temporary unit originated. In establishing standards for
temporary units, the director shall consider all of the following
factors:
(a) The length of time the unit will be in operation.
(b) The type of unit.
(c) The volume of waste to be managed.
(d) The physical and chemical characteristics of the wastes to be managed in the unit.
(e) The potential for releases from the unit.
(f)
The hydrogeological and other relevant environmental conditions at the facility
whichthat may influence the migration of any potential releases.
(g) The potential for exposure of humans and environmental receptors if a release were to occur from the unit.
(2)
The director may allow the use of alternate design, operating, and closure
standards for temporary units provided all of the following requirements
are met:
(a) The temporary unit is located within the facility boundary.
(b) The temporary unit is used only for the treatment or storage of remediation wastes.
(c) The alternate standards are protective of human health and the environment.
(3)
The director shall specify all of the following information in the
license or order for each temporary unit:
(a)
The length of time a temporary unit will be allowed to operate mustshall
be not greater than 1 year.
(b) The design, operating, and closure requirements for the unit.
(4)
The director may extend the operational period of the temporary unit
1 time, for a period of no longer than 1 year beyond the time period
originally specified in the license or order, provided that all of the
following requirements are met:
(a) The continued operation of the unit will not pose a threat to human health and the environment.
(b) The continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.
(5) The
incorporation of a temporary unit or a time extension for a temporary unit into
an existing license mustshall be requested and
approved by the director in accordance with R 299.9519 and
R 299.9520.
(6) The director shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and make the documentation available to the public.
R 299.9637 Hazardous waste munitions and explosives storage requirements.
Rule 637. (1) Owners or operators of storage
facilities that store munitions and explosive hazardous wastes shall comply
with the requirements of 40 C.F.R. part 264,
subpart EE.
(2) The provisions of 40 C.F.R. part 264,
subpart EE, are adopted by reference in R 299.11003. For the
purposes of this adoption, the word "director" shall replaces
the words "regional administrator," the word
"R 299.9607" shall replaces the words
"40 C.F.R. part 264, subpart D," the word
"R 299.9203(5)" shall replaces the words
"40 C.F.R. §261.3(d)," the word "R 299.9613"
shall replaces the words "40 C.F.R. part 264,
subpart G," and the words "Part 7 of the rules
promulgated pursuant to the act” shall replace the words
"40 C.F.R. part 264, subpart H."
R 299.9638 Staging pile requirements.
Rule
638. (1) Owners or operators of staging piles shall comply with the provisions
of 40 C.F.R. §264.554, except §264.554(l).
(2)
Staging piles mustshall be designated by the director in
accordance with the requirements of 40 C.F.R. §264.554.
(3) Owners or operators that wish to modify an order to incorporate a staging pile or a staging pile operating term extension shall follow the terms of the order and the applicable provisions of part 5 of these rules.
(4) The provisions
of 40 C.F.R. §264.554, except §264.554(l)
are adopted by reference in R 299.11003. For the purposes of this
adoption, the word “R 299.9212" shall replaces the
words "§261.21 or §261.23."
R 299.9639 Disposal of corrective action management unit-eligible waste in hazardous waste landfills.
Rule 639. (1) The
director with regulatory oversight at the location where the cleanup is taking
place may approve the placement of corrective action management unit-eligible
waste in hazardous waste landfills not located at the site from which the waste
originated, without the waste meeting the requirements of 40 C.F.R. part 268,
if all of the following conditions are met:
(a) The waste meets the definition of corrective action management unit-eligible waste in R 299.9102.
(b) The director
with regulatory oversight at the location where the cleanup is taking place
identifies principal hazardous constituents in suchthe wastes,
pursuant to R 299.9635(12)(d), and requires that suchthe
principal hazardous constituents are treated to any of the following standards
specified for corrective action management unit-eligible waste:
(i) The treatment standards in R 299.9635(12)(d).
(ii) The treatment standards adjusted pursuant to R 299.9635(13)(a), (c), (d), or (e)(i).
(iii) The treatment standards adjusted pursuant to R 299.9635(13)(e)(ii), where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.
(c) The hazardous
waste landfill receiving the corrective action management unit‑eligible
waste mustshall meet all of the
following requirements:
(i) Have an operating license issued under part 111 of the act and these rules or, if out‑of‑state, have a comparable enforceable mechanism issued under the regulations governing the receiving landfill.
(ii) Meet the requirements for new landfills in part 6 of these rules or, if out-of-state, meet comparable requirements in the regulations governing the receiving landfill.
(iii) Be authorized to accept corrective action management unit-eligible waste.
(2) The person
seeking approval for disposal of corrective action management unit‑eligible
waste shall provide sufficient information to enable the director with
regulatory oversight at the location where the cleanup is taking place to
approve placement of the waste pursuant to subrule (1) of this rule. The
information required pursuant to R 299.9635(11) for corrective action
management unit applications mustshall be provided unless it is not reasonably available.
(3) The director
with regulatory oversight at the location where the cleanup is taking place shall
provide public notice and a reasonable opportunity for public comment before
approving corrective action management unit-eligible waste for placement in an
off-site licensed hazardous waste landfill, or, if out-of-state, in a hazardous
waste landfill with a comparable enforceable mechanism issued under the
governing regulations, consistent with the requirements for corrective action
management unit approval in R 299.9635(17). The approval mustshall be specific to a single remediation.
(4) Applicable
hazardous waste management requirements in part 6 of these rules,
including recordkeeping requirements to demonstrate compliance with treatment
standards approved under R 299.9635 and this rule, or, if out-of-state,
comparable requirements, for corrective action management unit-eligible waste mustshall be incorporated into the receiving facility license
or, if out‑of‑state, the comparable enforceable mechanism through
issuance or modification, providing notice and an opportunity for comment and a
hearing. A landfill may not receive hazardous corrective action management
unit-eligible waste under this rule unless its operating license or comparable
enforceable mechanism specifically authorizes receipt of suchthe
waste.
(5) With respect
to each remediation activity, corrective action management unit‑eligible
waste mustshall not be placed in
an off-site landfill authorized to receive the waste pursuant to subrule (4) of
this rule until all of the following conditions have been met:
(a) The owner or
operator of the landfill notifies the director responsible for oversight of the
landfill and persons on the facility mailing list of his or herthe
owner or operator’s intent to receive corrective action management
unit-eligible waste pursuant to this rule. The notice mustshall identify the source of the remediation waste, the
principal hazardous constituents in the waste, and the treatment requirements.
(b) Persons on the facility mailing list may provide comments, including objections to the receipt of the corrective action management unit-eligible waste, to the director within 15 days of notification.
(c) The director may object to the placement of the corrective action management unit‑eligible waste in the landfill within 30 days of notification. The director may extend the review period an additional 30 days because of public concerns or insufficient information.
(d) Corrective action management unit-eligible wastes may not be placed in the landfill until the director has notified the facility owner or operator that he or she does not object to its placement.
(e) If the director objects to the placement or does not notify the facility owner or operator that he or she has chosen not to object, the facility may not receive the waste until the objection has been resolved, or the owner or operator obtains an operating license or, if out‑of‑state, a comparable enforceable mechanism, modification in accordance with R 299.9519 or, if out‑of‑state, the governing requirements, specifically authorizing receipt of the waste.
(f) As part of the operating license or, if out-of-state, a comparable enforceable mechanism, issuance, or modification process in subrule (4) of this rule, the director may modify, reduce, or eliminate the notification requirements of this subrule as they apply to specific categories of corrective action management unit-eligible waste, based on minimal risk.
(6) Generators of
corrective action management unit-eligible wastes sent off-site to a hazardous
waste landfill under this rule shall comply with 40 C.F.R. §268.7(a)(4).
(7) Off-site
facilities treating corrective action management unit-eligible wastes to comply
with this rule shall comply with the requirements of 40 C.F.R. §268.7(a)(4),
or if out-of‑state, the requirements governing suchthe
wastes, except that the certification mustshall be with respect to the treatment requirements of
subrule (1)(b) of this rule or, if out-of-state, the governing treatment
requirements.
(8) For the
purposes of this rule only, the “design of the corrective action management
unit” in R 299.9635(13)(e) means design of the licensed hazardous waste
landfill.
R 299.9640 Options for incinerators, cement kilns, and lightweight aggregate kilns to minimize emissions from startup, shutdown, and malfunction events.
Rule
640. (1) Owners and operators of licensed incinerators, cement kilns,
lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, or
hydrochloric acid production furnaces may request that the director address operating
license conditions that minimize emissions from startup, shutdown, and
malfunction events under any of the options in 40 C.F.R. §270.235(a)
when requesting removal of or operating license conditions that are no longer
applicable according to R 299.9623(2) or R 299.9808(4).
(2)
Owners and operators of interim status incinerators, cement kilns, lightweight
aggregate kilns, solid fuel boilers, liquid fuel boilers, or hydrochloric acid
production furnaces operating under parts 6 and 8 of these rules may
control emissions of toxic compounds during startup, shutdown, and malfunction
events under either of the following options after conducting a comprehensive
performance test and submitting to the director a notification of compliance
documenting compliance with 40 C.F.R. part 63,
subpart EEE:
(a) The owner or operator continues to comply with the emission standards and operating requirements of parts 6 and 8 of these rules relevant to control of emissions from startup, shutdown, and malfunction events. Those standards and requirements only apply during startup, shutdown, and malfunction events.
(b)
The owner or operator is exempt from the standards of parts 6 and 8 of
these rules relevant to control of emissions of toxic compounds during startup,
shutdown, and malfunction events upon submission of written notification
and documentation to the director that the startup, shutdown, and malfunction
plan required pursuant to 40 C.F.R. §63.1206(c)(2)
has been approved by the department pursuant to 40 C.F.R. §63.1206(c)(2)(ii).
(3) When an owner or operator of an interim status incinerator, cement kiln, or lightweight kiln operating under parts 6 and 8 of these rules submits an operating license application to the director, the owner or operator may request that the director control emissions from startup, shutdown, and malfunction events under subrule (1) of this rule.
(4)
Hazardous waste incinerators, cement kilns, lightweight aggregate kilns, solid
fuel boilers, liquid fuel boilers, or hydrochloric acid production furnaces
that become subject to the licensing requirements of these rules after
October 12, 2005, mustshall control emissions of toxic
compounds during startup, shutdown, and malfunction events in accordance with
40 C.F.R. §270.235(c).
(5)
The provisions of 40 C.F.R. §270.235(a)
and (c) are adopted by reference in R 299.11003. For the purposes of this
adoption, the word "permit" shall be replaced withmeans
"operating license," and the references to
"264.340(b)" shall be replaced withmeans
"R 299.9623(2)," "266.100(b)" replaced withmeans
"R 299.9808(4)," and "270.41(a)" and
"270.42" replaced withmeans
"R 299.9519."
PART 7. FINANCIAL CAPABILITY
R 299.9701 Applicability; definitions.
Rule
701. (1) Except as specified in subrule (2) of this rule, the
requirements of this part apply to all facilities whichthat
treat, store, or dispose of hazardous waste or whichthat accepted
hazardous waste for disposal after November 19, 1980.
(2) States and the federal government are exempt from the requirements of this part.
(3)
The definitions of terms contained in the provisions of 40 C.F.R. §264.141
are adopted by reference in R 299.11003.
R 299.9702 Cost estimate for closure and postclosure care.
Rule
702. (1) The owner or operator shall comply with the requirements of 40 C.F.R. §§264.142
and 264.144 regarding written cost estimates for closure and postclosure care.
(2)
The provisions of 40 C.F.R. §§264.142 and
264.144 are adopted by reference in R 299.11003.
R 299.9703 Financial assurance for closure and postclosure care.
Rule 703. (1) The
owner or operator of each facility shall establish financial assurance for
closure of the facility by utilizing the options specified in R 299.9704
to R 299.9709. The owner or operator of each disposal facility shall
establish financial assurance for postclosure care of the facility utilizing
the options specified in R 299.9704 to R 299.9709. An owner or
operator of a new facility shall submit these documents to the director or his
or herthe director’s designee not less than 60 days before the
date on whichthat hazardous waste is first received for
treatment, storage, or disposal. An owner or operator shall submit all
revisions and renewals of the documents to the director within 60 days ofafter
the revision or renewal.
(2)
An owner or operator may satisfy the requirements of this rule by establishing
more than 1 financial mechanism per facility. These mechanisms are
limited to trust funds, surety bonds, letters of credit, certificates of
deposit and time deposit accounts, and insurance. The mechanisms mustshall
be as specified in this part, except that it is the combination of mechanisms,
rather than the single mechanism, whichthatshall provide
financial assurance for an amount at leastnot less than equal to
the current closure and postclosure cost estimate. The director may use any or
all of the mechanisms to provide for closure and postclosure care of the
facility.
(3)
An owner or operator may use a financial assurance mechanism specified in this
part to meet the requirements of this rule for more than 1 facility.
Evidence of financial assurance submitted to the director shallmust
include a list showing, for each facility, the site identification number,
name, address, and the amount of funds for closure and postclosure assured by
the mechanism. If the facilities covered by the mechanism are in more than
1 EPA region, identical evidence of financial assurance mustshall
be submitted to, and maintained with, the regional administrators of all suchof
the EPA regions. The amount of funds available through the mechanism mustshall
be not less than the sum of funds that would be available if a separate
mechanism had been established and maintained for each facility. In directing
funds available through the mechanism for closure and postclosure care of any
of the facilities covered by the mechanism, the director may direct only the
amount of funds designated for that facility, unless the owner or operator
agrees to the use of additional funds available under the mechanism.
(4)
An owner or operator may satisfy the requirements for financial assurance for
both closure and postclosure care for one or more facilities by using a trust
fund, surety bond, letter of credit, certificate of deposit and time deposit
account, or insurance that meets the requirements of this part for both closure
and postclosure care. The amount of funds available through the mechanism mustshall
not be less than the sum of funds that would be available if a separate
mechanism had been established and maintained for financial assurance of
closure and of postclosure care.
(5)
Within 60 days after receiving certifications from the owner or operator
and an independent registered professional engineer that closure has been
accomplished in accordance with the closure plan, or that the postclosure care
period has been completed for a hazardous waste disposal unit in accordance
with the approved postclosure plan, the director shall notify the owner or
operator, in writing, that he or she is no longer required by this section to
maintain financial assurance for closure of the particular facility or
postclosure care of the particular unit, unless the director has reason to
believe that closure or postclosure care has not been in accordance with the
approved plan. The director shall provide the owner or operator with a detailed
written statement of any such reason to believe that closure or
postclosure care has not been in accordance with the approved plan.
(6)
An owner or operator mustshall notify the director, by certified
mail, of the commencement of a voluntary or involuntary proceeding under the
bankruptcy provisions of Public Law 95‑598, 11 U.S.C. §§1
to 151302, naming the owner or operator as debtor, within 10 days after
commencement of the proceeding.
(7)
An owner or operator whothat fulfills the requirements of this
rule by obtaining a trust fund, surety bond, letter of credit, certificate of
deposit or time deposit account, or insurance policy shall beis deemed
to be without the required financial assurance or liability coverage in the
event of bankruptcy of the trustee or issuing institution, a suspension or
revocation of the authority of the trustee institution to act as trustee, or a
suspension or revocation of the authority of the institution issuing the surety
bond, letter of credit, certificate of deposit or time deposit account, or
insurance policy to issue suchthe instruments. The owner or
operator shall establish other financial assurance or liability coverage within
60 days after such an event.
(8)
The director may replace all or part of the requirements of this rule with
alternative requirements for financial assurance if the director does all of
the following:
(a)
Prescribes alternative requirements for the hazardous waste management unit
under 40 C.F.R. §§264.90(f) or
264.110(c), or both, or 265.90(f) or 265.110(d), or both.
(b)
Determines that it is not necessary to apply the requirements of this rule
because the alternative financial assurance requirements will protect
human health and the environment.
(c) Specifies the alternative financial assurance requirements in an operating license or enforceable document.
(9)
The provisions of 40 C.F.R. §§264.90(f),
264.110(c), 265.90(f), and 265.110(d) are adopted by reference in
R 299.11003.
R 299.9704 Trust fund.
Rule
704. (1) An owner or operator may satisfy the financial assurance requirements
of R 299.9703 by establishing a trust fund for closure or postclosure, or
both, whichthat conforms to the requirements of this rule. The
trustee shall be a bank or other financial institution whichthat
has the authority to act as a trustee and whose trust operations are regulated
and examined by a federal or state agency, and the trust agreement mustshall
be executed on a form approved by the director.
(2)
The trust fund mustshall be funded at 100% of the closure and
postclosure cost estimate approved at the time of execution. Additional
payments to the trust fund mustshall be made by the owner or
operator to maintain 100% funding when the closure or postclosure cost
estimates, or both, are increased.
(3) If the value of the trust fund is more than the total amount of the current closure or postclosure cost estimate, or both, the owner or operator may submit a written request to the director for release of the amount in excess of the current closure or postclosure cost estimate.
(4) If an owner or operator substitutes other financial assurance, as specified in this part, for all or part of the trust fund, he or she may submit a written request to the director for release of the amount in excess of the current closure or postclosure cost estimate covered by the trust fund.
(5)
Within 60 days after receiving a request from the owner or operator for
release of funds as specified in subrules (3) or (4) of this rule, the
director shall instruct the trustee to release to the owner or operator suchthe
funds as the director specifies in writing.
(6)
After beginning partial or final closure, an owner or operator or any other
person authorized to perform closure, partial closure, or postclosure care may
request reimbursements for closure, partial closure, or postclosure
expenditures by submitting itemized bills to the director. The owner or
operator may request reimbursement for partial closure only if sufficient funds
are remaining in the trust fund to cover the maximum costs of
closing the facility over its remaining operating life. Within 60 days
after receiving bills for closure, partial closure, or postclosure care
activities, the director shall determine whether the closure, partial closure,
or postclosure care expenditures, or both, are in accordance with the closure
plan or otherwise justified, and, if so, the directorhe or she shall
instruct the trustee to make reimbursement in suchthe amounts as
the director specifies in writing. If the director does not instruct the
trustee to make suchthe reimbursements, the director shall
provide the owner or operator with a detailed written statement of reasons.
(7)
If the director has reason to believe that the cost of closure or postclosure
care, or both, will be significantly more than the value of the trust fund, the
director may withhold reimbursement of suchthe amounts as the
or she director deemstermines prudent until he or she
determines, in accordance with R 299.9703(6), that the owner or operator
is no longer required to maintain financial assurance for closure or
postclosure care, or both.
(8) During the period of postclosure care, the director may approve a release of funds if the owner or operator demonstrates to the director that the value of the trust fund exceeds the remaining cost of postclosure care.
(9) The director shall agree to termination of the trust when an owner or operator substitutes alternate financial assurance as specified in this part and the director releases the owner or operator from the requirements of this part in accordance with R 299.9703(5).
(10) If the director issues a notice of violation or other order to the owner or operator alleging violation of closure or postclosure requirements, or both, the director may, after providing the owner or operator 7 days notice and opportunity for hearing, access the funds in the trust to correct the violations, complete closure, and maintain the facility in accordance with the approved plans.
R 299.9705 Surety bond guaranteeing performance of closure and/or postclosure care.
Rule
705. (1) An owner or operator may satisfy the financial assurance requirements
of R 299.9703 by obtaining a surety bond whichthat is
executed on a form approved by the director and which conforms to the
requirements of this rule. The surety company issuing the bond shall, at a
minimum, satisfy both of the following requirements:
(a)
The surety company shall be among those listed as acceptable sureties on
federal bonds in circular 570 of the United States dDepartment
of the Ttreasury.
(b) The surety company shall be independent, separate, and unrelated to the owner or operator.
(2)
The bond mustshall guarantee that the owner or operator will do
either of the following:
(a) Perform final closure or postclosure care in accordance with the closure or postclosure plan and other requirements of the operating license for the facility when required to do so.
(b) Within 90 days after receipt by both the owner or operator and the director of a notice of cancellation of the bond from the surety, provide alternate financial assurance as specified in this part and obtain the director's written approval of the assurance provided.
(3) Under the terms of the bond, the surety shall become liable on the bond obligation under the following circumstances:
(a) When the owner or operator fails to perform as guaranteed by the bond.
(b) Following issuance of a notice of violation or other order by the director alleging that the owner or operator has failed to perform final closure or postclosure care, or both, in accordance with the closure and postclosure plans and other operating license requirements when required to do so and after providing the owner or operator 7 days notice and an opportunity for a hearing.
(4)
The penal sum of the bond mustshall be in an amount at leastnot
less than equal to the current closure and postclosure cost estimates.
(5)
When the current closure or postclosure cost estimate, or both, increases to an
amount more than the penal sum, the owner or operator, within 60 days
after the increase, shall either cause the penal sum to be increased to an
amount at leastnot less than equal to the current closure or
postclosure cost estimate, or both, and submit evidence of suchthe
increase to the director or obtain other financial assurance as specified in
this part. When the current closure or postclosure cost estimate decreases,
the penal sum may be reduced to the amount of the current closure or
postclosure cost estimate following written approval by the director.
(6)
Under the terms of the bond, the surety may cancel the bond by sending notice
of cancellation, by certified mail, to the owner or operator and to the
director. Cancellation mustshall not occur, however, during the
120 days beginning on the date of receipt of the notice of cancellation by
both the owner or operator and the director, as evidenced by the return
receipts.
(7)
The owner or operator may cancel the bond if the director has given prior
written consent. The director shall provide such written consent when
either of the following occurs:
(a) An owner or operator substitutes alternate financial assurance as specified in this part.
(b) The director releases the owner or operator from the requirements of this part in accordance with R 299.9703(5).
(8) The surety shall not be liable for deficiencies in the performance of closure or postclosure care, or both, by the owner or operator after the director releases the owner or operator from the requirements of this part in accordance with R 299.9703(5).
(9)
UpoOn receipt of a notice of cancellation of the bond from the
surety, the owner or operator shall obtain alternate financial assurance
approved by the director within 60 days. If the owner or operator fails
to so provide, the director may issue a notice of violation or other order
rendering the surety liable on the bond obligation.
R 299.9706 Letter of credit.
Rule
706. (1) An owner or operator may satisfy the requirements of this part by
obtaining an irrevocable letter of credit whichthat conforms to
the requirements of this rule and which is executed on a form approved
by the director. The issuing institution shall be a bank or financial
institution whichthat has the authority to issue letters of
credit and whose letter of credit operations are regulated and examined by a
federal or state agency.
(2)
The letter of credit mustshall include all of the following
information:
(a) The site identification number.
(b) Name and address of the facility.
(c) The amount of funds assured for closure or postclosure care of the facility by the letter of credit.
(3)
The letter of credit mustshall be irrevocable and issued for a
period of at leastnot less than 1 year. The letter of
credit mustshall provide that the expiration date will be
automatically extended for a period of at leastnot less than 1 year
unless, not less than 120 days before the current expiration date, the
issuing institution notifies both the owner or operator and the director by
certified mail of a decision not to extend the expiration date. Under the
terms of the letter of credit, the 120 days shall begin on the date
when both the owner or operator and the director have received the notice, as
evidenced by the return receipts.
(4)
The letter of credit mustshall be issued in an amount equal to
the current closure or postclosure cost estimate, or both, except as provided
in R 299.9703(2).
(5)
When the current closure or postclosure cost estimate, or both, increases to an
amount more than the amount of the credit, the owner or operator, within
60 days after the increase, shall either cause the amount of the credit to
be increased so that it at leastis not less than equals the
current closure or postclosure cost estimate and submit evidence of suchthe
increase to the director or obtain other financial assurance as specified in
this part to cover the increase. When the current closure or postclosure cost
estimate decreases, the amount of the credit may be reduced to the amount of
the current closure or postclosure cost estimate following written approval by
the director.
(6) The director may draw on the letter of credit to correct violations, complete closure, and maintain the facility pursuant to approved plans after doing both of the following:
(a)
Issuing a notice of violation or other order to the owner or operation whichthat
alleges that the owner or operator has failed to perform final closure or
postclosure care, or both, pursuant to the closure and postclosure plans and
other license requirements when required.
(b) Providing the owner or operator with 7 days notice and opportunity for hearing.
(7)
If the owner or operator does not establish alternate financial assurance as
specified in this part and obtain written approval of suchthe
alternate assurance from the director within 90 days after receipt by both
the owner or operator and the director of a notice from the issuing institution
that it has decided not to extend the letter of credit beyond the current
expiration date, then the director shall draw on the letter of credit. The
director may delay the drawing if the issuing institution grants an extension
of the term of the credit. During the last 30 days of any such the
extension, the director shall draw on the letter of credit if the owner or
operator has failed to provide alternate financial assurance as specified in
this part and obtain written approval of suchthe assurance from
the director.
(8) The director shall return the letter of credit to the issuing institution for termination when either of the following occurs:
(a) An owner or operator substitutes alternate financial assurance as specified in this part.
(b) The director releases the owner or operator from the requirements of this part pursuant to R 299.9703(5).
R 299.9707 Certificate of deposit or time deposit account.
Rule
707. (1) An owner or operator may satisfy the requirements of R 299.9703
by placing funds in the amount of the current approved closure or postclosure
cost estimate in an insured, negotiable certificate of deposit or time deposit
account held by a bank or other financial institution regulated and examined by
a federal or state agency. The value of the certificate of deposit or time
deposit account mustshall be fully insured by an agency of the United
States government, unless otherwise approved by the director.
(2)
The certificate or account mustshall be in the sole name of the
director with a maturity of not less than 6 months.
(3)
The owner or operator shall execute an agreement with the director whichthat
identifies the reasons for which the director may cash the certificate of
deposit or time deposit account. The agreement mustshall be
executed on a form approved by the director.
(4)
A certificate or time deposit account of less than a 1‑year maturity mustshall
provide for automatic renewal. An owner or operator shall renew or replace a
certificate of deposit or time deposit account of 1 year or more not less than
60 days before the maturity date.
(5)
The certificate of deposit or time deposit account mustshall be
issued in an amount at leastnot less than equal to the current
approved closure or postclosure cost estimate, except when used with other
mechanisms as provided in R 299.9703(2).
(6)
When the current approved closure or postclosure cost estimate increases to an
amount more than the value of the certificate of deposit or time deposit
account, the owner or operator, within 60 days after the increase is
approved or issued by the director, shall either cause the amount of the
certificate of deposit or time deposit account to be increased so that it at
leastnot less than equals the current approved closure or
postclosure cost estimate and submit evidence of suchthe increase
to the director or obtain other financial assurance as specified in this part
to cover the increase. During the period of postclosure care, the director may
approve a decrease in the amount of the certificate of deposit or time deposit
account if the owner or operator demonstrates to the director that the amount
exceeds the remaining cost of postclosure care after inflation is considered.
(7) The director may cash the certificate of deposit or withdraw funds from the time deposit account to correct the violations, complete closure, and maintain the facility in accordance with the approved plans after doing both of the following:
(a)
Issuing a notice of violation or other order to the owner or operator whichthat
alleges that the owner or operator has failed to perform closure or postclosure
care in accordance with the closure or postclosure plan or other license
requirements.
(b) Providing the owner or operator 7 days notice and opportunity for hearing.
(8)
If the owner or operator elects not to continue the use of the certificate of
deposit or time deposit account to provide financial assurance as required, or
any portion thereof, the owner or operator shall provide acceptable financial
assurance to the director 60 days before the maturity date of the
certificate of deposit or time deposit account. If the owner or operator fails
to so provide, the director may cash the certificate of deposit or time deposit
account and place the funds in a state treasury account. The director may
release suchthe funds to the owner or operator when at such
time as the owner or operator provides acceptable replacement financial
assurance.
(9) The director shall release funds held in a certificate of deposit or time deposit account to the owner or operator when the owner or operator substitutes alternate financial assurance as specified in this part or the director releases the owner or operator from the requirements of this part in accordance with R 299.9703(5).
R 299.9708 Closure or postclosure insurance.
Rule 708. (1) An owner or operator may satisfy the requirements of R 299.9703 by obtaining closure or postclosure insurance, or both, which conforms to the requirements of this rule and by submitting both of the following to the director:
(a)
A certificate of insurance whichthat uses wording approved by the
director.
(b) A certified true and complete copy of the insurance policy.
(2)
An owner or operator of a new facility shall submit the certificate of
insurance and insurance policy to the director not less than 60 days
before the date on which hazardous waste is first received for treatment,
storage, or disposal. The insurance mustshall be effective before
this initial receipt of hazardous waste.
(3)
The insurer shall satisfy all of the following requirements:
(a) The insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in the state of Michigan.
(b) The insurer shall have a minimum of $7,000,000.00 of unimpaired surplus funds.
(c) The insurer shall assume financial responsibility for the accepted risk, pursuant to the terms of the policy, using its own pool of resources that is independent, separate, and unrelated to that of the owner or operator.
(4)
The closure or postclosure insurance policy mustshall be issued
for a face amount at leastnot less than equal to the
current closure or postclosure cost estimate, except as provided in
R 299.9703(2). Actual payments by the insurer mustshall not
change the face amount, although the insurer's future liability will be lowered
by the amount of the payments.
(5)
The closure insurance policy mustshall guarantee that funds will
be available to close the facility when final closure occurs. The postclosure
insurance policy mustshall guarantee that funds will be available
to provide postclosure care of the facility when the postclosure period
begins. The policy mustshall also guarantee that, once final
closure begins, the insurer will be responsible for paying out funds, up to an
amount equal to the face amount of the policy, uponon the
direction of the director, to suchthe person or persons such as
the director specified.
(6) After
beginning partial or final closure, an owner or operator or any other
person authorized to perform closure or postclosure care may request
reimbursements for closure or postclosure expenditures by submitting itemized
bills to the director. The owner or operator may request reimbursements for
partial closure only if the remaining value of the policy is sufficient to
cover the maximum costs of closing the facility over its remaining operating
life. Within 60 days after receiving bills for closure or postclosure
activities, the director shall determine if the expenditures are in accordance
with the closure or postclosure plan or otherwise justified, and, if so, he or
she shall instruct the insurer to make reimbursement in suchthe amounts
as the director specified in writing. If the director has reason to
believe that the maximum cost of closure over the remaining life of the
facility will be significantly more than the face amount of the policy, the
director may withhold reimbursement of suchthe amounts as he
or she deemsthey determine prudent until he or shethey
determines, in accordance with R 299.9703(5), that the owner or
operator is no longer required to maintain financial assurance for closure of
the facility. If the director does not instruct the insurer to make suchthe
reimbursements, then the director shall provide the owner or operator with a
detailed written statement of reasons.
(7)
The owner or operator shall maintain the policy in full force and effect until
the director consents to termination of the policy by the owner or operator as
specified in subrule (12) of this rule. In addition, failure to pay the
premium without substitution of alternate financial assurance as specified in
this part shall constitutes a significant violation of these
rules and shall warrants other remedyies as the
director deemstermines necessary. SuchThe
violation will be deemed to begins upon receipt, by the
director, of a notice of future cancellation, termination, or failure to renew
due to nonpayment of the premium, rather than upon the date of expiration.
(8)
Each policy mustshall contain a provision allowing assignment of
the policy to a successor owner or operator. SuchThe assignment may
be conditional upon consent of the insurer if suchthe consent
is not unreasonably refused.
(9)
The policy mustshall provide that the insurer shall not cancel,
terminate, or fail to renew the policy except for failure to pay the premium.
The automatic renewal of the policy mustshall, at a minimum,
provide the insured with the option of renewal at the face amount of the
expiring policy. If there is a failure to pay the premium, then the insurer
may elect to cancel, terminate, or fail to renew the policy by sending notice,
by certified mail, to the owner or operator and the director;. however,
tThe policy mustshall unconditionally provide for
all of the following:
(a)
That iIf the owner or operator fails to renew the policy or
provide alternate financial assurance as approved by the director not less than
60 days before the expiration date of the policy, then the insurer shall
immediately pay, to the director, the full amount of closure and postclosure
coverage under the policy if requested, in writing, by the director before the
expiration date of the policy.
(b)
That cCancellation, termination, or failure to renew mustshall
not occur during the 120 days beginning with the date of receipt of the
notice by both the director and the owner or operator, as evidenced by the
return receipts.
(c)
That cCancellation, termination, or failure to renew mustshall
not occur, and the policy mustshall remain in full force and
effect, if, on or before the date of expiration, any of the following occurs:
(i)
The director deemsdetermines that the facility is abandoned.
(ii) The operating license is terminated or revoked, or a new operating license is denied.
(iii)
Closure is ordered by the director, or a United States district court,
or other court of competent jurisdiction.
(iv)
The owner or operator is named as debtor in a voluntary or involuntary
proceeding under the bankruptcy provisions of Public Law 95‑598 11 U.S.C. §§1
to 151302.
(v) The premium due is paid.
(10)
The policy mustshall unconditionally provide that the insurer
shall, after the hearing, immediately pay to the director any amount requested
by the director up to the full value of the appropriate closure or postclosure
policy to correct the closure or postclosure violations following issuance of a
notice of violation or other order by the director whichthat does
both of the following:
(a) Alleges that the owner or operator has failed to perform closure or postclosure care, or both, in accordance with the closure plan, postclosure plan, or other requirements of part 111 of the act, these rules, or the operating license.
(b) Provides 7 days notice and opportunity for hearing.
(11)
If the current closure or postclosure cost estimate increases to an amount more
than the face amount of the policy, then the owner or operator, within
60 days after the increase, shall either cause the face amount to be
increased to an amount at leastnot less than equal to the
current closure or postclosure cost estimate and submit evidence of suchthe
increase to the director or obtain other financial assurance as specified in
this part to cover the increase. If the current closure or postclosure cost
estimate decreases, then the face amount may be reduced to the amount of the
current closure or postclosure cost estimate following written approval by the
director.
(12) The director shall give written consent to the owner or operator that the owner or operator may terminate the insurance policy when either of the following occurs:
(a) An owner or operator substitutes alternate financial assurance as specified in this rule.
(b) The director releases the owner or operator from the requirements of this part in accordance with R 299.9703(5).
R 299.9709 Financial test and corporate guarantee for closure or postclosure.
Rule
709. (1) An owner or operator may satisfy the requirements of this part by
demonstrating that he or shethey passes a financial test
as specified in this rule. To pass this test, the owner or operator shall meet
the criteria of either subdivision (a) or (b) of this subrule as follows:
(a)
The owner or operator shall have all of the following:
(i) Two of the following 3 ratios:
(A) A ratio of total liabilities to net worth less than 2.0.
(B) A ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities of more than 0.1.
(C) A ratio of current assets to current liabilities of more than 1.5.
(ii)
Net working capital and tangible net worth each not less than 6 times the
sum of the current closure and postclosure cost estimates and any other
obligations covered by a financial test.
(iii) Tangible net worth of not less than $10,000,000.00.
(iv)
Assets in the United States amounting to not less than 90% of his or hertheir
total assets or not less than 6 times the sum of the current closure and
postclosure cost estimates and any other obligations covered by a
financial test.
(v)
Total assets in this stateMichigan of not less than
$50,000,000.00, excluding the value of any land used for hazardous waste
disposal or have total assets in this stateMichigan that are not
less than 6 six times the sum of the approved closure and
postclosure cost estimates for facilities subject to these rules, whichever is
larger.
(b) The owner or
operator shall have all of the following:
(i) A current rating for its senior unsecured debt of AAA, AA, A, or BBB, as issued by Standard and Poor's, or Aaa, Aa, A, or Baa as issued by Moody's.
(ii)
Tangible net worth not less than 6 times the sum of the current closure
and postclosure cost estimates and any other obligations covered by a
financial test.
(iii) Tangible net worth of not less than $10,000,000.00.
(iv) Assets located in the United States amounting to not less than 90% of his or her total assets or not less than 6 times the sum of the current closure and postclosure cost estimates and any other obligations covered by a financial test.
(v)
Have total assets in this stateMichigan of not less than
$50,000,000.00, excluding the value of any land used for hazardous waste
disposal, or have total assets in Michigan that are not less than six times the
sum of the approved closure and postclosure cost estimates for facilities
subject to these rules, whichever is larger.
(2)
The phrase "current closure and postclosure cost estimates," as used
in subrule (1) of this rule, means the cost estimates required
under R 299.9702 and equivalent or substantially equivalent federal
or state regulations. The phrase "other obligations covered by a financial
test," as used in subrule (1) of this rule, means the financial
assurance for solid waste management facilities under part 115 of the act and
equivalent or substantially equivalent federal or state regulations, the
financial assurance for injection wells under 40 C.F.R. part 144,
the financial assurance for underground storage tanks under 40 C.F.R. part 280
and equivalent or substantially equivalent state regulations, the financial
assurance for polychlorinated biphenol facilities regulated under 40 C.F.R. part 761
and equivalent or substantially equivalent state regulations, the financial
assurance for remediation costs under part 201 of the act and equivalent
federal or state regulations, and the financial assurance for corrective action
under R 299.9713 and equivalent or substantially equivalent federal or
state regulations.
(3)
To demonstrate that he or shethey meets this test, the
owner or operator shall submit all of the following items to the
director:
(a) A letter signed by the owner or operator's chief financial officer and worded as specified by the director.
(b) A copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year.
(c)
A special report from the owner's or operator's independent certified public
accountant to the owner or operator on comparison of the data presented in the
chief financial officer's letter to the independently audited, year-end
financial statements. The special report mustshall describe the
agreed-upon procedures performed and related findings, including if there were
any discrepancies found.
(4) An owner or operator of a new facility shall submit the items specified in subrule (3) of this rule to the director not less than 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal.
(5)
After the initial submission of the items specified in subrule (3) of this
rule, the owner or operator shall send updated information to the director
within 90 days after the close of each succeeding fiscal year. This
information mustshall consist of all items specified in
subrule (3) of this rule.
(6)
If the owner or operator no longer meets the requirements of subrule (1)
of this rule, he or she shall send notice to the director of the intent to
establish alternate financial assurance as specified in this part. The notice mustshall
be sent, by certified mail, within 90 days after the end of the fiscal
year for which the year‑end financial data show that the owner or
operator no longer meets the requirements. The owner or operator shall provide
the alternate financial assurance within 120 days after the end of suchthe
fiscal year.
(7)
The director may, based on a reasonable belief that the owner or operator might
no longer meet the requirements of subrule (1) of this rule, require
reports of financial condition at any time from the owner or operator in
addition to that information required of the owner or operator in
subrule (3) of this rule. If the director finds, on the basis of suchthe
reports or other information, that the owner or operator no longer meets the
requirements of subrule (1) of this rule, the owner or operator shall
provide alternate financial assurance as specified in this part within 30
days after notification of such a finding.
(8)
The director may disallow use of a financial test to meet the requirements of
this part on the basis of qualifications in the opinion expressed by the
independent certified public accountant in his or hertheir report
on examination of the owner’s or operator's financial statements. An adverse
opinion or a disclaimer of opinion wishall be cause for
disallowance. The director shall evaluate other qualifications on an
individual basis. The owner or operator shall provide alternate financial
assurance as specified in this rule within 30 days after notification of
the disallowance.
(9) The owner or operator is no longer required to submit the items specified in subrule (3) of this rule when one of the following occurs:
(a) An owner or operator substitutes alternate financial assurance as specified in this rule.
(b) The director releases the owner or operator from the requirements of this part in accordance with R 299.9703(5).
(10)
An owner or operator may meet the requirements of this rule by obtaining a
written guarantee, hereafter referred to as "corporate guarantee."
The guarantor shall be the parent corporation of the owner or operator. The
guarantor shall meet the requirements for owners or operators in
subrules (1) to (8) of this rule and shall comply with the terms of
the corporate guarantee. The wording of the corporate guarantee mustshall
be identical to wording provided by the director. The corporate guarantee mustshall
accompany the items sent to the director as specified in subrule (3) of
this rule. The terms of the corporate guarantee mustshall
provide for all of the following:
(a)
That iIf the owner or operator fails to perform final closure or
postclosure care of a facility covered by the corporate guarantee in accordance
with the closure and postclosure plans and other operating license requirements
when required to do so, the guarantor shall do so or establish a trust fund as
specified in R 299.9704 in the name of the owner or operator.
(b) The corporate
guarantee mustshall remain in force unless the guarantor sends notice of
cancellation, by certified mail, to the owner or operator and to the director.
Cancellation mustshall not occur, however, during the 120 days beginning on
the date of receipt of the notice of cancellation by both the owner or operator
and the director, as evidenced by the return receipts.
(c)
If the owner or operator fails to provide alternate financial assurance as
specified in this part and obtain the written approval of suchthe
alternate assurance from the director within 90 days after receipt by the
owner or operator and the director of a notice of cancellation of the corporate
guarantee from the guarantor, the guarantor shall provide suchthe
alternative financial assurance in the name of the owner or operator.
(d)
In the case of corporations that are incorporated outside of this stateMichigan,
the guarantor shall identify and maintain a registered agent for service of
process in this stateMichigan.
R 299.9710 Liability requirements for treatment, storage, and disposal facilities.
Rule
710. (1) An owner or operator of a hazardous waste treatment, storage, or
disposal facility, or a group of such facilities, shall demonstrate
financial responsibility for bodily injury and property damage to third parties
caused by sudden and accidental occurrences arising from operations of the
facility or group of facilities. The owner or operator shall have and maintain
liability coverage for sudden and accidental occurrences in an amount not less
than $1,000,000.00 per occurrence with an annual aggregate of not less than
$2,000,000.00, exclusive of legal defense costs.
(2)
An owner or operator of a surface impoundment, landfill, land treatment
facility, or disposal miscellaneous unit whichthat is used to
manage hazardous waste, or a group of such facilities, shall demonstrate
financial responsibility for bodily injury and property damage to third parties
caused by nonsudden accidental occurrences arising from operations of the
facility or group of facilities. The owner or operator shall have and maintain
liability coverage for nonsudden accidental occurrences in an amount not less
than $3,000,000.00 per occurrence with an annual aggregate of not less than
$6,000,000.00, exclusive of legal defense costs.
(3) An owner or operator shall demonstrate the existence of the required liability coverage through any of the following:
(a) Insurance as specified in subrule (6) of this rule.
(b) The financial test specified in subrule (7) of this rule.
(c) The financial test specified in subrule (8) of this rule.
(d) The corporate guarantee specified in subrule (9) of rule.
(e) The letter of credit specified in subrule (10) of this rule.
(f) The trust fund specified in subrule (11) of this rule.
(4)
An owner or operator may demonstrate the existence of the required liability
coverage through a combination of the financial mechanisms specified in
subrule (3) of this rule, except that any combination mustshall
not include more than 1 of the financial tests specified orand shall
not include both a financial test and corporate guarantee. The amounts
of coverage mustshall total at leastnot less than the
minimum amounts required by this rule.
(5)
If more than 1 financial mechanism is used to demonstrate the existence of
the required liability coverage, then the owner or operator shall specify at
leastnot less than 1 financial mechanism as primary coverage
and shall specify the other financial mechanisms as excess coverage.
(6) An owner or operator may satisfy the liability requirements of this rule by obtaining an insurance policy as follows:
(a)
Each insurance policy mustshall be issued by an insurer whichthat,
at a minimum, is licensed to transact the business of insurance, or which
is eligible to provide insurance as an excess or surplus lines insurer, in
theis state of Michigan.
(b)
Each insurance policy mustshall be amended by attaching an
endorsement on a form provided by the director. The owner or operator shall
submit, to the director, a signed duplicate original of the endorsement, and,
if requested by the director, a signed duplicate of the insurance policy.
(c)
Each policy that is obtained to meet the requirements of this rule mustshall
provide that cancellation, termination, or a material change to the policy that
affects the coverages required by this rule mustshall not occur
unless and until not less than 30 days' written notice of the
cancellation, termination, or material change is first provided to the
director. The notice mustshall be given no matter which party
initiates the cancellation, termination, or material change and whether or not
nonpayment of premium is involved.
(d)
If the underlying policies required by subrules (1) and (2) of this rule
do not provide sufficient limits of liability, the policy mustshall
be amended by attaching an excess insurance endorsement on a form approved by
the director.
(7)
An owner or operator may satisfy the liability requirements of this rule by
complying with the financial test requirements specified in the provisions of
40 C.F.R. §264.147(f). To demonstrate
that he or shethey passes this test, the owner or operator
shall submit all of the information required in 40 C.F.R. §264.147(f)(3)
to the director. The words "regional administrator" in the
provisions of 40 C.F.R. §264.151(g) shall
be replaced withmeans the word "director."
(8) An owner or operator may satisfy the liability requirements of this rule by complying with the financial test requirements specified in the provisions of R 299.9709 and both of the following provisions:
(a) The financial
test criteria of R 299.9709 mustshall be modified as follows:
(i)
In the provisions of R 299.9709(1)(a)(ii), net working capital and
tangible net worth mustshall each be not less than 6 times
the sum of the current closure and postclosure cost estimates, any other
obligations covered by a financial test, and the amount of annual aggregate
liability coverage.
(ii) In the
provisions of R 299.9709(1)(a)(iv), assets in the United States mustshall be not less than 90% of the owner's or operator's
total assets or not less than 6 times the sum of the current closure and
postclosure cost estimates, any other obligations covered by a financial test,
and the amount of annual aggregate liability coverage.
(iii)
In the provisions of R 299.9709(1)(b)(ii), tangible net worth mustshall
be not less than 6 times the sum of the current closure and postclosure
cost estimates, any other obligations covered by a financial test, and the
amount of annual aggregate liability coverage.
(iv)
In the provisions of R 299.9709(1)(b)(iv), assets in the United States mustshall
be not less than 90% of the owner's or operator's total assets or not less than
6 times the sum of the current closure and postclosure cost estimates, any
other obligations covered by a financial test, and the amount of annual
aggregate liability coverage.
(b) To demonstrate
that the owner or operator passes the financial test requirements of this
subrule, the owner or operator shall submit all of the information
required by the provisions of R 299.9709(3) to the director.
(c)
If the owner or operator no longer meets the requirements of this subrule, then
he or shethey shall obtain alternate liability coverage as
specified in this rule. Evidence of alternate liability coverage mustshall
be submitted to the director within 90 days after the end of the fiscal
year for which the year‑end financial data shows that the owner or
operator no longer meets the financial test requirements of this subrule.
(9)
An owner or operator may satisfy the liability requirements of this rule by obtaining
a written guarantee for liability coverage, hereafter referred to as
"corporate guarantee," as follows:
(a)
The guarantor shall be the parent corporation of the owner or operator. The
guarantor shall meet the requirements for owners or operators specified in
subrule (7) or (8) of this rule and shall comply with the terms of
the corporate guarantee.
(b)
The corporate guarantee mustshall provide for all of the
following:
(i)
If the owner or operator fails to satisfy a judgment based on a determination
of liability for bodily injury or property damage to third parties caused by
sudden or nonsudden, or both, accidental occurrences arising from the operation
of facilities covered by the corporate guarantee, or fails to pay an amount
agreed to in settlement of claims arising from, or alleged to have arisen from,
suchthe injury or damage, then the guarantor will satisfy the
judgment or pay the settlement amount up to the limits of coverage.
(ii)
The guarantor shall make payment of third‑party liability awards and
settlements upon presentation of a certification of a valid claim or a
valid final court order that establishes a judgment against the owner or
operator for bodily injury or property damage caused by sudden or nonsudden
accidental occurrences arising from the operation of the facilities covered by
the corporate guarantee.
(iii)
The liability coverage mustshall not apply to the exclusions
specified in the provisions of subrule (12) of this rule.
(iv)
The corporate guarantee mustshall remain in force unless the
guarantor sends a notice of cancellation, by certified mail, to the owner or
operator and to the director. Cancellation mustshall not occur,
however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the director, as
evidenced by the return receipts.
(v)
The corporate guarantee mustshall not be terminated unless the
owner or operator obtains, and the director approves, alternate liability
coverage as specified in this rule.
(vi) The guarantor shall obtain alternate liability coverage as specified in this rule in the name of the owner or operator, unless the owner or operator has done so, within 30 days after being notified by the director that the guarantor no longer meets the financial test criteria or that the guarantor is disallowed from continuing as guarantor, and within 120 days after the end of any fiscal year before termination of the guarantee in which the guarantor fails to meet the financial test criteria.
(c)
The wording of the corporate guarantee mustshall be identical to
the wording specified by the director.
(d)
The corporate guarantee mustshall accompany the items sent to the
director as specified in subrule (7) or (8) of this rule.
(e)
If a corporation is incorporated outside of this stateMichigan,
then a guarantee may be used to satisfy the requirements of this rule only if
the non‑Michigan corporation has identified a registered agent for
service of process in this stateMichigan.
(f) The director shall agree to termination of the guarantee if either of the following occurs:
(i) The owner or operator or guarantor substitutes alternate financial assurance as specified in this rule.
(ii) The director releases the owner or operator from the liability requirements in accordance with the provisions of subrule (16) of this rule.
(10) An owner or operator may satisfy the liability requirements of this rule by obtaining an irrevocable letter of credit for liability coverage as follows:
(a)
The issuing institution shall be a bank or financial institution whichthat
has the authority to issue letters of credit, and which has its
letter of credit operations regulated and examined by a federal or state
agency.
(b)
The letter of credit mustshall provide for both of the following:
(i)
The financial institution shall deposit amounts designated by the trustee, up
to the amount of the letter of credit, into a standby trust fund upon
presentation of a sight draft.
(ii)
The letter of credit mustshall be irrevocable and issued for a
period of at leastnot less than 1 year. The expiration date
mustshall be automatically extended for a period of at leastnot
less than 1 year unless, not less than 120 days before the
current expiration date, the issuing institution notifies both the owner or
operator and the director, by certified mail, of a decision not to extend the
expiration date. The 120 days mustshall begin on the date
when both the owner or operator and the director receive the notice, as
evidenced by the return receipts.
(c)
The wording of the letter of credit mustshall be identical to the
wording specified by the director.
(d) The director shall agree to termination of the letter of credit when either of the following occurs:
(i) The owner or operator substitutes alternate financial assurance as specified in this rule.
(ii) The director releases the owner or operator from the liability requirements in accordance with the provisions of subrule (16) of this rule.
(e)
An owner or operator whothat uses a letter of credit to satisfy
the requirements of this rule shall establish a standby trust fund in
accordance with both of the following provisions:
(i)
The trustee shall be a bank or other financial institution whichthat
has the authority to act as trustee and which has its trust operations
regulated and examined by a state or federal agency.
(ii)
The trust fund mustshall provide for all of the following:
(A)
The trustee shall satisfy third‑party liability claims by drawing on the
letter of credit and by making payments from the fund upon presentation
of a certification of a valid claim or a valid final court order that
establishes a judgment against the owner or operator for bodily injury or
property damage caused by sudden or nonsudden accidental occurrences arising
from the operation of the facilities covered by the trust fund.
(B)
The liability coverage mustshall not apply to the exclusions specified
in the provisions of subrule (12) of this rule.
(C)
The trust mustshall be irrevocable and shall continue
until terminated pursuant to the written agreement of the owner or operator,
the trustee, and the director or until terminated by the trustee and the
director if the owner or operator ceases to exist.
(D)
The wording of the trust agreement mustshall be identical to the
wording specified by the director.
(f) The director shall agree to termination of the standby trust if either of the following occurs:
(i) The owner or operator substitutes alternate financial assurance as specified in this rule.
(ii) The director releases the owner or operator from the liability requirements in accordance with the provisions of subrule (16) of this rule.
(g) The owner or operator shall submit a copy of the letter of credit and a signed duplicate original of the standby trust agreement to the director.
(h) If the owner or operator does not establish alternate liability coverage as specified in this rule and obtain written approval of the alternate coverage from the director within 90 days after receipt, by both the owner or operator and the director, of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, then the director shall notify the trustee and the trustee shall draw on the letter of credit and deposit the proceeds of the letter of credit into the standby trust fund.
(11) An owner or operator may satisfy the liability requirements of this rule by obtaining a trust fund for liability coverage as specified in the following provisions and submitting a signed duplicate original of the trust agreement to the director:
(a)
The trustee shall be a bank or other financial institution whichthat
has the authority to act as trustee and which has its trust operations
regulated and examined by a state or federal agency.
(b)
The trust fund mustshall be funded for the full amount of
liability coverage to be provided by the trust fund. After the trust fund is
established, if the trust fund amount is reduced below the full amount of
liability coverage to be provided by the trust fund, then the owner or operator
shall make payment to the trustee to cause the value of the trust fund to at
leastnot be less than equal to the full amount of liability
coverage to be provided by the trust fund. The payments mustshall
be made before the anniversary date of the establishment of the fund.
(c)
The trust fund mustshall provide for all of the following:
(i)
The trustee shall make payment of third‑party liability awards and
settlements, up to the value of the fund, upon presentation of a
certification of a valid claim or a valid final court order that establishes a
judgment against the owner or operator for bodily injury or property damage
caused by sudden or nonsudden accidental occurrences arising from the operation
of the facilities covered by the trust fund.
(ii)
The liability coverage shallmust not apply to the exclusions
specified in the provisions of subrule (12) of this rule.
(iii)
The trust mustshall be irrevocable and must shall continue
until terminated pursuant to the written agreement of the owner or operator,
the trustee, and the director or until terminated by the trustee and the
director if the owner or operator ceases to exist.
(d)
The wording of the trust agreement mustshall be identical to the
wording specified by the director.
(e) The director shall agree to termination of the trust if either of the following occurs:
(i) The owner or operator substitutes alternate financial assurance as specified in this rule.
(ii) The director releases the owner or operator from the liability requirements in accordance with the provisions of subrule (16) of this rule.
(12)
The liability coverages provided by the corporate guarantee, letter of credit,
and trust fund pursuant to the provisions of this rule mustshall
not apply to any of the following categories of damages or obligations:
(a)
Bodily injury or property damage thatfor which the owner or
operator is obligated to pay damages by reason of the assumption of liability
in a contract or agreement. This exclusion does not apply to liability for
damages thatwhich the owner or operator would be obligated to pay
in the absence of the contract or agreement.
(b) Any obligation of the owner or operator pursuant to a worker's compensation, disability benefits, or unemployment compensation law or similar law.
(c)
Bodily injury to an employee of the owner or operator arising from, and in the
course of, employment by the owner or operator, or bodily injury to the spouse,
child, parent, brother, or sister of that employee as a consequence of, or
arising from, and in the course of, employment by the owner or operator. This
exclusion applies whether the owner or operator may be liable as an employer or
in any other capacity and applies to any obligation to share damages
with or repay another person whothat must pay damages because of
injury to the employee or the spouse, child, parent, brother, or sister of the
employee.
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft.
(e) Property damage to any of the following:
(i)
Any pProperty that is owned, rented, or occupied by the owner or
operator.
(ii)
Premises that are sold, given away, or abandoned by the owner or operator if
the property damage arises out of any part of the premises.
(iii) Property that is loaned to the owner or operator.
(iv) Personal property in the care, custody, or control of the owner or operator.
(v)
The part of real property on which the owner, operator, or any contractor
or subcontractor whothat is working directly or indirectly on
behalf of the owner or operator isare performing operations, if
the property damage arises out of these operations.
(13) An owner or operator shall notify the director, in writing, within 30 days, if any of the following conditions occur:
(a) A claim results in a reduction in the amount of financial responsibility for liability coverage provided by a financial mechanism authorized in subrule (3) of this rule.
(b) A certification of valid claim for bodily injury or property damages caused by a sudden or nonsudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is entered between the owner or operator and a third‑party claimant for liability coverage pursuant to the provisions of this rule.
(c) A final court order that establishes a judgment for bodily injury or property damage caused by a sudden or nonsudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is issued against the owner or operator or a financial mechanism for liability coverage pursuant to the provisions of this rule.
(14) An owner or operator shall continuously provide liability coverage for a facility as required by this rule until certifications of closure of the facility as specified in the provisions of R 299.9613(3) are received by the director and the director notifies the owner or operator that the owner or operator is no longer required to maintain financial assurance for closure pursuant to the provisions of R 299.9703(5).
(15) The director
may adjust the levels of financial responsibility required by this rule for the
reasons specified in the provisions of 40 C.F.R. §264.147(c)
and (d). Any adjustment to the level or type of coverage for a facility that
has an operating license mustshall
be treated as an operating license modification pursuant to the provisions of
R 299.9519.
(16) Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that final closure has been completed in accordance with the approved closure plan, the director shall notify the owner or operator, in writing, that the owner or operator is no longer required by this rule to maintain liability coverage for that facility, unless the director has reason to believe that closure has not been in accordance with the approved closure plan.
(17)
If all other hazardous waste management units at the facility whichthat
are subject to a liability coverage requirement under this rule are closed, or
if the closure process under part 6 of these rules has been initiated for
all other hazardous waste management units that are subject to a liability coverage
requirement, then the director may replace all or part of that liability
coverage requirement for a hazardous waste management unit with alternative
requirements under R 299.9713 if the director does all of the
following:
(a)
Prescribes alternative requirements for the hazardous waste management unit
under 40 C.F.R. §§264.90(f) or
264.110(c).
(b)
Determines that it is not necessary to apply the requirements of this rule
because the alternative financial assurance requirements will protect
human health and the environment.
(c) Specifies the alternative requirements in an operating license or enforceable document.
(18) The
provisions of 40 C.F.R. §§264.90(f),
264.110(d), 264.147(c), (d), and (f) and 264.151(g) are adopted by reference in
R 299.11003.
R 299.9711 Financial capability requirements for transporters operating a transfer facility or group of transfer facilities.
Rule
711. (1) A transporter whothat operates a transfer facility or
group of transfer facilities shall demonstrate financial responsibility for
bodily injury and property damage to third parties caused by sudden and
accidental occurrences arising from the operations of the facility or group of
facilities. The transporter shall have and maintain liability coverage for
sudden and accidental occurrences in an amount not less than $500,000.00 per
occurrence, exclusive of legal defense costs. The requirement for liability
coverage is in addition to any other insurance requirements of
sections 3101 and 3102 of act 218. The transporter shall comply with the
liability coverage requirements of this subrule by obtaining an insurance
policy in accordance with the provisions of subrule (2) of this rule or by
passing the financial test specified in the provisions of subrule (3) of
this rule.
(2)
Each insurance policy that is obtained by a transporter to fulfill the
requirements of this rule mustshall be in compliancey
with all of the following provisions:
(a)
The policy mustshall include a provision that the insurer notify
the director 30 days before either of the following:
(i) Cancellation or termination of the insurance by either party for any reason.
(ii) A material change to the policy for any reason.
(b)
The policy mustshall be issued by an insurer whichthat,
at a minimum, is licensed to transact the business of insurance, or which is
eligible to provide insurance as an excess or surplus line insurer, in theis
state of Michigan.
(c)
The deductible written into the policy mustshall not be more than
5% of the per occurrence limit of liability of the policy. If more than one
policy is used to provide the coverage required by this rule, the total of all
deductibles mustshall not be more than 5% of the total of the per
occurrence limits of the policies used.
(d)
The policy mustshall be amended by attaching an endorsement on a
form provided by the director.
(3)
A transporter may satisfy the liability coverage requirements of this rule by
demonstrating that he or shethey passes a financial test
as specified in this rule. To pass the test, the owner or operator shall meet
the criteria of either subdivision (a) or (b) of this subrule as follows:
(a)
A transporter shall comply with all of the following provisions:
(i)
Have a net working capital and a tangible net worth whichthat,
for each, is not less than 6 times the amount of liability coverage to be
demonstrated by the test.
(ii) Have a tangible net worth of not less than $10,000,000.00.
(iii)
Have assets in the United States that amount to not less than 90% of his or
hertheir total assets or not less than 6 times the amount of
liability coverage to be demonstrated by the test.
(b)
A transporter shall comply with all of the following provisions:
(i) Have a current rating for its senior unsecured debt of AAA, AA, A, or BBB as issued by standard and poor's or Aaa, Aa, A, or Baa as issued by Moody's.
(ii) Have tangible net worth of not less than $10,000,000.00.
(iii) Have a tangible net worth that is not less than 6 times the amount of liability coverage to be demonstrated by the test.
(iv)
Have assets in the United States that amount to not less than 90% of his or
hertheir total assets or not less than 6 times the amount of
liability coverage to be demonstrated by the test.
(4c) The phrase "amount of
liability coverage" as used in this subrule refers to the annual aggregate
amounts for which coverage is required pursuant to the provisions of
subrule (1) of this rule.
(54)
A transporter shall demonstrate the existence of the liability coverage
required pursuant to this rule by submitting either of the following to the
director:
(a) All information that is necessary to meet the financial test requirements of subrule (3) of this rule, as follows:
(i)
A letter whichthat is signed by the transporter's chief financial
officer and which is worded as specified by the director.
(ii)
A copy of the independent certified public accountant's report upon
examining the transporter's financial statements for the latest completed
fiscal year.
(iii)
A special report from the transporter's independent certified public accountant
to the transporter on comparison of the data presented in the chief financial
officer's letter to the independently audited, year-end financial
statements. The special report mustshall describe the
agreed-upon procedures performed and related findings, including whether or not
there were any discrepancies found.
(b)
An endorsement provided by the director whichthat shows that the
coverage required in this rule has been obtained by the transporter. The
transporter shall submit a signed duplicate original of each insurance
endorsement. If requested by the director, the transporter shall provide
signed duplicate originals of all insurance policies that are needed to fulfill
the requirements of this rule.
(56)
After the initial submission of the items specified in subrule (54)(a)
of this rule, the transporter shall send updated information to the director
within 90 days after the close of each succeeding fiscal year. The
information mustshall consist of all of
the items specified in subrule (54)(a) of this rule.
(67)
A transporter using insurance to satisfy the liability coverage requirements of
this rule shall submit to the director the endorsement required under
subrule (54)(b) of this rule for the renewal or replacement
policy upon issuance of the renewal or replacement policy.
(78)
If underlying policies that are required pursuant to the provisions of
subrule (2) of this rule do not provide sufficient limits of liability,
then the transporter shall amend the policy by attaching an excess liability
insurance endorsement on a form provided by the director.
(89)
If a transporter is using the financial test to demonstrate financial
responsibility for liability coverage required pursuant to the provisions of
this rule and no longer meets the requirements of subrule (3) of this
rule, then he or shethey shall send notice to the director of the
intent to obtain an insurance policy as specified in this rule. The
transporter shall send the notice by certified mail within 90 days after
the end of the fiscal year for which year‑end financial data show that
the transporter no longer meets the requirements of subrule (3) of this
rule. The transporter shall obtain liability insurance within 120 days
after the end of the fiscal year.
(910)
The director may disallow the use of a financial test to meet the requirements of
this rule on the basis of qualifications in the opinion expressed by the
independent certified public accountant in his or her their report
upon examining the transporter's financial statements. An adverse opinion or
disclaimer of opinion is cause for the disallowance of the use of a financial
test to meet the requirements of subrule (1) of this rule. The director
shall evaluate other qualifications on an individual basis. The transporter
shall obtain an insurance policy as specified in this rule within 30 days
after notification of the disallowance.
R 299.9712 Cost estimate for corrective action.
Rule
712. (1) The owner or operator of a facility whothat is required
to perform corrective action pursuant to the provisions of part 111 of the
act or these rules shall have a detailed written estimate, in current dollars,
of the cost of performing corrective action at the facility in accordance with
the provisions of R 299.9629.
(2)
The cost estimate mustshall be based on the cost of hiring a
third‑party to complete the corrective action measures required pursuant
to the provisions of R 299.9629.
(3)
The cost estimate mustshall not incorporate any salvage value for
the sale of hazardous wastes, facility structures or equipment, land, or
other facility assets.
(4) When preparing the cost estimate, the owner or operator shall not incorporate a zero cost for hazardous waste that may have economic value.
(5)
The owner or operator shall adjust the cost estimate for inflation within the
60‑day period before the anniversary date of the establishment of the
financial mechanisms used to comply with the provisions of R 299.9713.
For owners and operators whothat use the financial test or
corporate guarantee, the cost estimate for corrective action shallmust
be updated within 30 days after the close of the firm's fiscal year and
before the submission of updated information to the director. The adjustment
for inflation may be made by recalculating the costs in current dollars or by
using an inflation factor that is derived from the most recent annual implicit
price deflator for gross national product published by the United States dDepartment
of Ccommerce in its survey of current business.
(6) The owner or operator shall adjust the cost estimate for corrective action not later than 30 days after the director has approved a modification to the corrective action program if the modification increases the cost of corrective action.
R 299.9713 Financial assurance for corrective action.
Rule 713. (1) The owner or operator shall establish financial assurance for the cost of performing corrective action at the facility in accordance with the provisions of R 299.9629.
(2) The owner or operator shall maintain the financial assurance for corrective action until the corrective action is completed and the owner or operator is released from this requirement by the director.
(3) During the period in which the corrective action program is implemented, the director may approve a reduction in the amount of financial assurance that is required for corrective action if the owner or operator demonstrates, to the director's satisfaction, that the amount of the financial assurance exceeds the remaining cost of corrective action.
(4) If the director issues a notice of violation or other order to the owner or operator alleging a violation of the corrective action program, the director may, after providing the owner or operator 7 days' notice and an opportunity for a hearing, access funds to correct violations, complete corrective action, and maintain the facility in accordance with the corrective action program.
(5) Within 60 days after receiving certification from the owner or operator and an independent registered professional engineer that corrective action has been completed in accordance with the corrective action program, the director shall notify the owner or operator, in writing, that the owner or operator is no longer required by this rule to maintain financial assurance for corrective action at a particular facility, unless the director has reason to believe that any aspect of corrective action has not been completed in accordance with the corrective action program. The director shall provide the owner or operator with a detailed written statement of any reason to believe that corrective action has not been completed in accordance with the corrective action program.
(6)
An owner or operator shall notify the director, by certified mail, of the
commencement of a voluntary or involuntary proceeding under the bankruptcy
provisions of public law 95‑598, 11 U.S.C. §§1
to 151302, naming the owner or operator as debtor, within 10 days after
commencement of the proceeding.
(7)
An owner or operator whothat fulfills the requirements of this
rule by obtaining a trust fund, surety bond, letter of credit, or insurance
policy shall be deemed to be without the required financial assurance in the
event of bankruptcy of the trustee or issuing institution, a suspension or
revocation of the authority of the trustee institution to act as a trustee, or
a suspension or revocation of the authority of the institution issuing the
surety bond, letter of credit, or insurance policy to issue suchthe
instruments. The owner or operator shall establish other financial assurance
within 60 days after any event specified in this subrule.
PART 8. MANAGEMENT OF SPECIFIC HAZARDOUS WASTES,
SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES,
AND USED OIL
R 299.9801 Recyclable materials used in manner constituting disposal.
Rule 801. (1) The requirements of this rule apply to recyclable materials that are applied to or placed on the land in either of the following ways:
(a) Without mixing with any
other substance.
(b) After mixing or
combining with any other substance or substances.
(2) The materials specified in subrule (1) of this rule are referred to in this rule as materials "used in a manner that constitutes disposal."
(3) Products produced for
the general public's use that are used in a manner that constitutes disposal
and that contain recyclable materials are not presently subject to regulation under
these rules if the recyclable materials have undergone a chemical reaction in
the course of producing the product so as to become inseparable by physical
means and if the products are in compliancey with the
applicable treatment standards specified in R 299.9313, R 299.9413,
and R 299.9627, or if no treatment standards have been established, the
applicable prohibition levels specified in 40 CFR 268.32 or
section 3004(d) of RCRA, 42 USC 6924(d), for each recyclable material that
the products contain, and the recycler complies with 40 CFR 268.7(b)(6).
(4) An anti‑skid/deicing
use of slags that are generated from the high temperature metals recovery
(HTMR) processing of K061, K062, and F006 in a manner that constitutes disposal
is not covered by the exemption in subrule (3) of this rule and the use
remains subject to regulation under part 111 of the act, MCL 324.11101
to 324.11153, and these rules.
(5) Fertilizers that contain recyclable materials are not subject to regulation provided that they meet both of the following conditions:
(a) They are zinc fertilizers excluded from the definition of waste according to R 299.9204(1)(x).
(b) They meet the applicable treatment standards in 40 CFR part 268, subpart D for each hazardous waste they contain.
(6) Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of parts 3 and 4 of these rules.
(7) Owners or operators of
facilities that store recyclable materials that are to be used in a manner that
constitutes disposal, but who are not the ultimate users of the
materials, are regulated pursuant to all of the applicable provisions of
parts 5, 6, and 7 of these rules.
(8) Owners or operators of
facilities that use recyclable materials in a manner that constitutes disposal
are regulated pursuant to all of the applicable provisions of
parts 5, 6, and 7 of these rules, except that these requirements do not
apply to products that contain these recyclable materials pursuant to subrule (3)
of this rule.
(9) Waste, used oil, or other material that is contaminated with a hazardous waste must not be used for dust suppression or road treatment.
R 299.9803 Recyclable materials utilized for precious metals recovery.
Rule 803. (1) The requirements of this rule apply to recyclable materials that are reclaimed to recover economically significant amounts of any of the following elements:
(a) Gold.
(b) Silver.
(c) Platinum.
(d) Palladium.
(e) Iridium.
(f) Osmium.
(g) Rhodium.
(h) Ruthenium.
(i) Any combination of the elements listed in subdivisions (a) to (h) of this subrule.
(2) Persons whothat
generate, transport, or store recyclable materials that are regulated under
this rule are subject to the following requirements:
(a) For generators, the identification number requirements of R 299.9308 and manifest requirements of R 299.9309.
(b) For transporters, the requirements of part 4 of these rules.
(c) For persons whothat
store, the manifest requirements of R 299.9608.
(d) For persons whothat
export precious metals to, or import precious metals from, designated Organization
for Economic Cooperation and Development member
countries for the purpose of recovery, the requirements of
R 299.9314 and 40 CFR 265.12(a)(2).
(e) For persons whothat
export precious metals to, or import precious metals from, non‑Organization
for Economic Cooperation and Development member
countries for the purpose of recovery, the requirements of R 299.9314.
(3) Persons whothat
store recyclable materials that are regulated under this rule shall keep all of
the following records to document that the storage does not constitute
speculative accumulation:
(a) Records showing the volume of these materials stored at the beginning of the calendar year.
(b) The amount of these materials generated or received during the calendar year.
(c) The amount of these materials remaining at the end of the calendar year.
(4) Recyclable materials that are regulated under this rule and that are accumulated speculatively are subject to all applicable provisions of these rules.
(5) The director may
decide, on a case‑by‑case basis, that persons accumulating or
storing recyclable materials from which precious metals are reclaimed shall be
regulated under R 299.9206(1). The basis for this decision is that the
materials are being accumulated or stored in a manner that does not protect
human health and the environment because the materials or their toxic
constituents have not been adequately contained or because the materials being
accumulated or stored together are incompatible. In making this decision, the
director shall consider all of the following factors:
(a) The types of materials accumulated or stored and the amounts accumulated or stored.
(b) The methods of accumulation or storage.
(c) The length of time the materials have been accumulated or stored before being reclaimed.
(d) Whether any contaminants are being released into the environment or are likely to be so released.
(e) Any oOther
relevant factors.
(6) The director shall use the following procedures when determining whether to regulate hazardous waste recycling activities involving recyclable materials from which precious metals are reclaimed under R 299.9206(1) rather than under subrules (1) to (4) of this rule:
(a) If a generator is
accumulating the waste, the director shall issue a notice setting forth the
factual basis for the decision and stating that the person shall comply with
part 3 of these rules. The notice becomes final after 30 days unless
the person served contests the decision under act 306. As part of the
appeal procedure under act 306, the director shall hold a public hearing,
provide notice of the public hearing, and allow public participation at the
hearing. After the appeal procedures of act 306 are completed, the
director shall issue a final order stating if compliance with part 3 of
these rules is required. The order becomes effective 30 days after
service of the decision, unless the director specifies a later date or unless
review by the director is requested. The order may be appealed to the director
by any person whothat participated in the public hearing. The
director may choose to grant or to deny the appeal. Final action occurs when a
final order is issued and appeal procedures under act 306 are exhausted.
(b) If the person
accumulating the recyclable material is a storage facility, then the notice
must state that the person shall obtain an operating license in accordance with
all applicable provisions of part 5 of these rules. The owner or operator
shall apply for an operating license within not less than 60 days and not
more than 6 months of notice, as specified in the notice. If the owner or
operator wishes to contest the director's decision under act 306, then he
or shethey may do so in his or hertheir license
application, in a public hearing held on the draft license, or in comments
filed on the draft license or in the notice of intent to deny the license. The
fact sheet accompanying the license must specify the reasons for the director’s
determination. The question of whether the director’s decision was proper remains
open for consideration during all public comment periods and hearings.
R 299.9804 Spent lead acid batteries being reclaimed.
Rule 804. (1) The
requirements of this rule apply to persons whothat generate,
collect, transport, store, or regenerate spent lead acid batteries for
reclamation purposes.
(2) Persons whothat
manage spent lead acid batteries that will be reclaimed through regeneration
are not subject to parts 3 to 7 of these rules except for the requirements
of R 299.9302 and R 299.9311(1). These persons shall also comply
with the requirements of part 2 of these rules.
(3) Persons whothat
generate, collect, or transport spent lead acid batteries whichthat
will be reclaimed by a means other than regeneration are not subject to parts 3
to 7 of these rules except for the requirements of R 299.9302 and R 299.9311(1).
These persons shall also comply with the requirements of part 2 of these rules
and 40 CFR part 268.
(5) Persons whothat
store spent lead acid batteries that will be reclaimed by a means other than
regeneration and store these batteries before reclaiming the batteries
themselves are subject to all applicable requirements of R 299.9302,
R 299.9311(1), and parts 2, 5, 6, and 7 of these rules, except for
the manifest requirements of R 299.9608.
(6) Persons whothat
manage spent lead acid batteries that will be reclaimed by a means other than
regeneration and do not store these batteries before reclaiming the batteries themselves
are not subject to parts 3 to 7 of these rules except for the requirements
of R 299.9302 and R 299.9311(1). These persons shall also comply
with the requirements of part 2 of these rules and 40 CFR part 268.
(7) Persons whothat
export spent lead acid batteries for reclamation through regeneration or any
other means in a foreign country are not subject to parts 3 to 7
of these rules except for the requirements of R 299.9302, R 299.9311(1),
and R 299.9314. These persons shall also comply with the requirements of
part 2 of these rules.
(8) Persons whothat
transport spent lead acid batteries in the U.nited S.tates
that are to be exported for reclamation through regeneration or any other
means in a foreign country are not subject to parts 4 to 7 of these rules.
These persons shall comply with the requirements of R 299.9314.
(9) Persons whothat
store spent lead acid batteries imported from a foreign country that will be
reclaimed by a means other than regeneration but do not reclaim the batteries
themselves are not subject to parts 3 to 7 of these rules except for the
requirements of R 299.9302, R 299.9311(1), R 299.9314, and 40 CFR part
268. These persons shall also comply with the requirements of part 2 of these
rules.
(10) Persons whothat
store spent lead acid batteries imported from a foreign country that will be
reclaimed by a means other than regeneration before reclaiming the batteries
themselves are subject to all applicable requirements of R 299.9302, R 299.9311(1),
R 299.9314, and parts 2, 5, 6, and 7 of these rules, except for the
manifest requirements of R 299.9608.
(11) Persons whothat
import spent lead acid batteries from a foreign country that will be reclaimed
by a means other than regeneration and do not store the batteries before
reclaiming the batteries themselves are not subject to parts 3 to 7 of
these rules except for the requirements of R 299.9302, R 299.9311(1),
R 299.9314, and 40 CFR part 268. These persons shall also
comply with the requirements of part 2 of these rules.
(12) Instead of managing spent lead acid batteries in accordance with this rule, persons may manage spent lead acid batteries as universal wastes in accordance with the requirements of R 299.9228.
(13) 40 CFR part 268 is adopted by reference in R 299.11003. For the purposes of adoption, the term "R 299.9312(1)" replaces the term "§262.41," the term "R 299.9309" replaces the term "40 CFR 262, subpart B," the term "R 299.9804" replaces the term "40 CFR 266, subpart G," and the term "R 299.9228 and R 299.9229" replaces the term "40 CFR part 273."
R 299.9808 Management of hazardous waste burned in boilers and industrial furnaces.
Rule 808. (1) The
requirements of this rule apply to hazardous waste that is burned or processed
in a boiler or industrial furnace irrespective of the purpose of the burning or
processing, except as noted in subrules (2) to (4) of this rule. For
the purposes of this rule, the term "burn" means burning
hazardous waste for energy recovery or destruction or processing hazardous
waste for materials recovery or as an ingredient.
(2) The following hazardous wastes and facilities are not subject to this rule:
(a) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in R 299.9212. The used oil is subject to regulation under R 299.9809 to R 299.9816.
(b) Gas recovered from hazardous waste or solid waste landfills when the gas is burned for energy recovery.
(c) Hazardous wastes that are exempt from regulation under R 299.9204 and R 299.9206(3)(c) to (f), and hazardous wastes that are subject to the special requirements for very small quantity generators pursuant to R 299.9304.
(d) Coke ovens, if the only hazardous waste burned in an oven is K087.
(3) The following owners or operators are not subject to regulation under this rule, except as noted:
(a) An owner or
operator of a smelting, melting, and refining furnace, including
pyrometallurgical devices such as cupolas, sintering machines, roasters, and
foundry furnaces, that processes hazardous waste solely for metal recovery is
exempt from regulation under this rule, except for the requirements of
subrules (6) and (8) of this rule, if the owner or operator is in compliances with the
requirements of 40 CFR 266.100(d)(1) to (3). The exemption does not
apply to cement kilns, aggregate kilns, or halogen acid furnaces that process
hazardous waste solely for metals recovery.
(b) An owner or operator
of a smelting, melting, and refining furnace, including pyrometallurgical
devices such as cupolas, sintering machines, roasters, and foundry furnaces,
that processes hazardous waste for recovery of economically significant amounts
of the precious metals gold, silver, platinum, palladium, iridium, osmium,
rhodium, or ruthenium, or any combination of the metals, is exempt from
regulation under this rule, except for the requirements of subrule (8) of
this rule, if the owner or operator is in compliances with the
requirements of 40 CFR 266.100(g)(1) to (3).
(c) An owner or operator of a facility that burns, in an on‑site boiler or industrial furnace that is exempt from regulation under the small quantity provisions of 40 CFR 266.108, hazardous waste that the facility has generated is exempt from regulation under parts 5 to 7 of these rules for storage units that store mixtures of hazardous waste and the primary fuel to the boiler or industrial furnace in tanks that feed the fuel mixture directly to the burner. The storage of hazardous waste before mixing it with the primary fuel is subject to subrule (6) of this rule.
(d) An owner or operator
of a facility that burns hazardous waste in an on‑site boiler or
industrial furnace, if all of the small quantity exemption criteria
outlined in 40 CFR 266.108 are met.
(4) Except as noted in this
subrule, part 8 of these rules does not apply to owners and operators of a
new cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel
boiler, or hydrochloric acid production furnace that becomes subject to the
license requirements of these rules after October 12, 2005, or to
owners or operators of an existing cement kiln, lightweight aggregate kiln, solid
fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace if the
owner or operator demonstrates compliance with the air emission standards and limitations
in 40 CFR part 63, subpart EEE, by
conducting a comprehensive performance test and submitting to the director a
notification of compliance under 40 CFR 63.1207(j) and 63.1210(d) whichthat
documents compliance with the requirements of 40 CFR part 63,
subpart EEE. Nevertheless, after this compliance demonstration is made,
the operating license conditions that are based on the standards of part 8
of these rules shall continue to be in effect until they are
removed from the operating license or the operating license is terminated or
revoked, unless the operating license expressly provides otherwise. The
director may apply this subrule and subrule (5) of this rule, on a case‑by‑case
basis, for collecting information pursuant to R 299.9504(18) and (20) and
R 299.9521(3)(b) and (c).
(5) The maximum achievable control technology standards of 40 CFR part 63, subpart EEE, do not supersede any of the following requirements:
(a) R 299.9601, R 299.9605 to R 299.9610, R 299.9612, R 299.9613, R 299.9630, R 299.9631, R 299.9808(8), and part 7 of these rules and 40 CFR part 265, subparts A to D, F, G, BB, and CC, and 266.102(e)(11), 266.103(l), 266.111, 266.112, except 266.112(a) and (c), as applicable.
(b) The particulate matter standard of 40 CFR 266.105 if the owner or operator elects to comply with the alternative to the particulate matter standard under 40 CFR 63.1216(e) and 63.1217(e).
(c) The following requirements remain in effect for startup, shutdown, and malfunction events even if a person elects to comply with 40 CFR 270.235(a)(1)(i) to minimize emissions of toxic compounds from these events, or for source areas if a person elects to comply with 40 CFR 266.105 to 266.107 and the associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non‑mercury metals:
(i) The requirements of
40 CFR 266.102(e)(1) whichthat require that a boiler or
industrial furnace operate pursuant to the operating requirements specified in
the operating license at all times that hazardous waste is in the unit.
(ii) The requirements of
40 CFR 266.102(e)(2)(iii) which that require compliance
with the emission standards and operating requirements during startup and
shutdown if hazardous waste is in the combustion chamber, except for particular
hazardous wastes.
(d) The following requirements remain in effect for owners or operators of a boiler or hydrochloric acid production furnace that is an area source under 40 CFR 63.2 if the owner or operator does not elect to comply with the emission standards under 40 CFR 63.1216, 63.1217, and 63.1218 for particulate matter, semivolatile and low volatile metals, and total chlorine:
(i) The requirements of 40 CFR 266.105.
(ii) The requirements of 40 CFR 266.106.
(iii) The requirements of 40 CFR 266.107.
(6) A generator and a transporter of hazardous waste that is burned in a boiler or industrial furnace shall comply with parts 3 and 4 of these rules, respectively.
(7) An owner or operator of a facility that stores hazardous waste that is burned in a boiler or industrial furnace shall comply with the applicable requirements of parts 5 to 7 of these rules. The requirements of parts 5 to 7 of these rules apply to the storage by the burner and to storage facilities operated by intermediaries, including processors, blenders, distributors, between the generator and the burner.
(8) An owner or operator of a boiler or an industrial furnace that burns hazardous waste shall comply with the applicable requirements of parts 5 to 7 of these rules and 40 CFR part 266, subpart H and appendices I to XIII; except 266.100(a) and (b), 266.101, 266.102(a), and 266.112(a) and (c); and 270.66.
(9) A residue derived from
the burning or processing of hazardous waste in a boiler or industrial furnace
is not excluded from the definition of hazardous waste under
R 299.9204(2)(d), (i), and (k), unless the device and the owner or operator
are in compliances with all of the following requirements:
(a) The device meets the following criteria:
(i) If the device is a boiler, it must burn not less than 50% coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal.
(ii) If the device is an industrial furnace subject to R 299.9204(2)(i), it must process not less than 50%, by weight, normal, nonhazardous raw materials.
(iii) If the device is a cement kiln, it must process not less than 50%, by weight, normal cement production raw materials.
(b) The owner or operator demonstrates, in writing, to the director's satisfaction, that the hazardous waste does not significantly affect the residue by demonstrating conformance with the criteria outlined in 40 CFR 266.112(b)(1) and (2).
(c) Records sufficient to document compliance with this subrule must be retained until closure of the boiler or industrial furnace unit. At a minimum, the following information must be included in the records, as applicable:
(i) The levels of constituents in 40 CFR part 261, appendix VIII, that are present in waste‑derived residues.
(ii) If the waste‑derived
residue is compared with normal residue under this subrule, then all of the
following information must be documented in the records:
(A) The levels of constituents in 40 CFR part 261, appendix VIII, that are present in normal residues.
(B) Data and information, including analyses of samples as necessary, that were obtained to determine if changes in raw materials or fuels would reduce the concentration of toxic constituents of concern in the normal residue.
(10) 40 CFR parts 265,
subparts A to D, F, G, BB, and CC, and 266, subpart H and
appendices I to XIII, except 40 CFR 266.100(a) and (b), 266.101,
266.102(a), and 266.112(a) and (c), 40 CFR 270.66, and 270.235(a)(1)(i)
are adopted by reference in R 299.11003. For the purposes of
40 CFR part 266, subpart H and 270.66, the term
"director" replaces the term "regional administrator."
R 299.9809 Used oil regulation; applicability.
Rule 809. (1) Used oil and the following materials are subject to regulation as used oil under R 299.9810 to R 299.9816, unless otherwise specified in subrule (2) of this rule:
(a) A mixture of used oil
and hazardous waste, except a mixture of used oil and halogenated hazardous
waste listed under R 299.9213 or R 299.9214, generated by a very small
quantity generator whothat is regulated under R 299.9304.
(b) A material that contains, or is otherwise contaminated with, used oil and is burned for energy recovery.
(c) Used oil that is drained or removed from materials that contain, or are otherwise contaminated with, used oil.
(d) A mixture of used oil and fuel.
(e) A material that is produced from used oil and that is burned for energy recovery.
(f) Used oil that is burned for energy recovery and any fuel produced from used oil by processing, blending, or other treatment if it exceeds any of the used oil specifications. Specification used oil is used oil that does not exceed any of the used oil specifications. Off‑specification used oil is used oil that exceeds any of the specifications specified in this subdivision. The used oil specifications are as follows:
(i) A maximum arsenic concentration of 5 parts per million.
(ii) A maximum cadmium concentration of 2 parts per million.
(iii) A maximum chromium concentration of 10 parts per million.
(iv) A maximum lead concentration of 100 parts per million.
(v) A minimum flash point of 100 degrees Fahrenheit.
(vi) A maximum total halogen concentration of 4,000 parts per million.
(g) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic.
(h) Used oil
that contains polychlorinated biphenyls at any concentration less than 50 parts
per million unless, because of dilution, it is regulated under 40 CFR part 761
as a used oil that contains polychlorinated biphenyls at concentrations of
50 parts per million or greater. SuchThe used oil may also
be subject to 40 CFR part 761, including 40 CFR 761.20(d)
and (e). Marketers and burners of used oil whothat market used
oil that contains any quantifiable level, 2 parts per million or greater,
of polychlorinated biphehnyls are also subject to the
requirements of 40 CFR 761.20(e).
(2) The following materials
are not subject to regulation as used oil under R 299.9810 to
R 299.9816, but may be subject to regulation as a hazardous waste under
part 111 of the act, MCL 324.11101 to 324.11153, and these
rules:
(a) A mixture of used oil and hazardous waste, except as specified in subrule (1)(a) of this rule.
(b) Used oil that contains
more than 1,000 parts per million total halogens is presumed to be a
hazardous waste and is regulated under part 111 of the act, MCL
324.11101 to 324.11153, and these rules. A person may rebut the
presumption by demonstrating that the used oil does not contain hazardous
waste. The demonstration may be made by showing that the used oil does not
contain significant concentrations of halogenated hazardous constituents that
are listed in 40 CFR part 261, appendix VIII. The
rebuttable presumption rule does not apply to the following materials:
(i) Metalworking oils or
fluids that contain chlorinated paraffins if the oils or fluids are processed
through a tolling arrangement as specified in 40 CFR 279.24(c) to
reclaim the oils or fluids. The rebuttable presumption does apply, however, if
the oils or fluids are recycled in any other manner or disposed of.
(ii) Used oil that is contaminated with chlorofluorocarbons that have been removed from refrigeration units if the chlorofluorocarbons are destined for reclamation. The rebuttable presumption does apply, however, if the used oil is contaminated with chlorofluorocarbons that have been mixed with used oil from sources other than refrigeration units.
(c) A material that contains, or is otherwise contaminated with, used oil if the used oil has been properly drained or removed to the extent possible so that visible signs of free‑flowing oil do not remain in or on the material and the material is not burned for energy recovery.
(d) A mixture of used oil and diesel fuel that is mixed on‑site by the generator of the used oil for use in the generator's own vehicles. Before mixing, the used oil is regulated under subrule (1) of this rule.
(e) Used oil and materials that are derived from used oil and that are disposed of or used in a manner constituting disposal.
(f) Used oil re-refining distillation bottoms that are used as a feedstock to manufacture asphalt products.
(g) Wastewater, the discharge of which is subject to regulation pursuant to either section 402 or section 307(b) of the federal clean water act, 33 USC 1342 or 1317(b), including wastewater at facilities that have eliminated the discharge of wastewater, that is contaminated with de minimis quantities of used oil. As used in this subdivision, "de minimis quantities of used oil" means small spills, leaks, or other drippings from pumps, machinery, pipes, and other similar equipment during normal operations or small amounts of oil lost to the wastewater treatment system during washing or draining operations. De minimis quantities of used oil do not include used oil discarded as a result of abnormal manufacturing operations that result in substantial leaks, spills, or other releases or to used oil recovered from wastewaters.
(h) Used oil mixed with crude oil or natural gas liquids for insertion into a crude oil pipeline. Before mixing with crude oil or natural gas liquids, the used oil is regulated under subrule (1) of this rule.
(i) A mixture of used oil and crude oil or natural gas liquids that contains less than 1% used oil if the mixture is being stored, or transported to a crude oil pipeline or petroleum refining facility, for
insertion into the refining process at a point before crude distillation or catalytic cracking.
(j) Used oil that is inserted into the petroleum refining facility process before crude distillation or catalytic cracking without prior mixing if the used oil constitutes less than 1% of the crude oil feed to any petroleum refining facility process unit at any given time. Before insertion into the petroleum refining facility, the used oil is regulated under subrule (1) of this rule.
(k) Used oil that is introduced into a petroleum refining facility process after crude distillation or catalytic cracking if the used oil meets the used oil specifications under subrule (1)(f) of this rule. Before insertion into the petroleum refining facility process, the used oil is regulated under subrule (1) of this rule.
(l) Used oil that is incidentally captured by a hydrocarbon recovery system or wastewater treatment system as part of routine process operations at a petroleum refining facility and inserted into the petroleum refining process. Used oil that is intentionally introduced into a hydrocarbon recovery system or wastewater treatment system is regulated as a used oil under subrule (1) of this rule.
(m) Tank bottoms from stock tanks that contain exempt mixtures of used oil and crude oil or natural gas liquids.
(n) Used oil that is produced on vessels from normal shipboard operations. Once the used oil is transported ashore, which is when the used oil is considered to be generated by the owner or operator of the vessel and the person removing or accepting the used oil from the vessel, then the used oil is regulated under subrule (1) of this rule.
(o) Specification used oil
fuel when the person whothat determined that the used oil fuel is
specification used oil fuel demonstrates compliance with the requirements of
R 299.9815(3)(b), (c), and (f) and 40 CFR 279.73.
(p) Used oil that contains polychlorinated biphenyls at concentrations of 50 parts per million or greater. This used oil is subject to regulation under 40 CFR part 761. No person may avoid these provisions by diluting used oil that contains polychlorinated biphenyls, unless otherwise specifically provided for under part 8 of these rules or under 40 CFR part 761.
(3) 40 CFR part 761 is adopted by reference in R 299.11003.
R 299.9810 Used oil generators; requirements.
Rule 810. (1) The requirements of this rule apply to a used oil generator, unless otherwise specified in subrule (2).
(2) The requirements of this rule do not apply to the following:
(a) A household do‑it‑yourselfer used oil generator.
(b) A farmer who generates, in a calendar year, an average of 25 gallons per month or less of used oil from vehicles or machinery used on the farm.
(3)
A used oil generator shall comply with the provisions of 40 C.F.R. §§279.22,
279.23, and 279.24, except §279.22(a).
(4) A used oil generator shall not store used oil in units other than containers or used oil existing or new tanks. The used oil tanks may be used oil aboveground tanks.
(5)
The provisions of 40 C.F.R. §§279.22,
279.23, and 279.24, except §279.22(a), are adopted by reference in
R 299.11003. For the purposes of the adoption, the word
"director" shall replaces the words "regional
administrator."
R 299.9812 Used oil transporters and transfer facilities; requirements.
Rule 812. (1) The requirements of this rule apply to a used oil transporter unless otherwise specified in subrule (2) of this rule.
(2) The requirements of this rule do not apply to any of the following:
(a) The on‑site transportation of used oil by the generator.
(b)
A used oil generator whothat transports shipments of used oil
that total 55 gallons or less from the generator to a used oil collection
center as specified in the provisions of 40 C.F.R. §279.24(a).
(c)
A used oil generator whothat transports shipments of used oil
that total 55 gallons or less from the generator to a used oil aggregation
point that is owned or operated by the same generator as specified in the
provisions of 40 C.F.R. §279.24(b).
(d) The transportation of used oil from household do‑it‑yourselfers to a regulated used oil generator, used oil collection center, used oil aggregation point, processor or rerefiner, or a used oil burner. The exemption does not apply to the transportation of collected household do‑it‑yourselfer used oil from a used oil generator, used oil collection center, used oil aggregation point, or other facilities where household do‑it‑yourselfer used oil is collected.
(3)
A used oil transporter and an owner or operator of a used oil transfer shall
comply with the provisions of 40 C.F.R. §§279.41,
279.42, 279.43, 279.45, and 279.46, except §279.45(b).
(4)
A used oil transporter shall ensure that the used oil being transported or
stored at a transfer facility is not a hazardous waste pursuant to the
provisions of R 299.9809(2)(b). The determination mustshall
be made by testing the used oil, applying knowledge of the halogen content of
the used oil in light of the materials or processes used, or by obtaining
copies of analyses or other information from the generator. Records of the
analyses conducted or information used to comply with this subrule mustshall
be maintained by the transporter for a period of not less than 3 years.
(5)
An owners or operator of a used oil transfer facility shall not store
used oil in units other than containers or tanks.
(6)
A used oil transporter whothat generates residues from the
storage or transport of used oil shall manage the residues in accordance with
part 111 of the act and these rules.
(7)
The provisions of 40 C.F.R. §§279.24,
279.41, 279.42, 279.43, 279.45, and 279.46, except §279.45(b), are
adopted by reference in R 299.11003. For the purposes of the adoption,
the word "director" shall replaces the words
"regional administrator," and the term "R 299.9813" shall
replaces the words "subpart F of this chapter."
R 299.9813 Used oil processors and rerefiners; requirements.
Rule 813. (1) The requirements of this rule apply to an owner or operator of a facility that processes used oil, unless otherwise specified in subrule (2) of this rule.
(2) The requirements of this rule do not apply to any of the following:
(a)
Incidental processing that occurs during the normal course of transportation as
provided in 40 C.F.R. §279.41.
(b)
Incidental processing that occurs during the normal course of used oil
management before burning as provided in 40 C.F.R. §279.61(b).
(c)
A used oil generator whothat performs any of the following
activities is not a processor if the used oil is generated on‑site and is
not being sent off‑site to a burner of specification or off‑specification
used oil fuel:
(i) Filtering, cleaning, or otherwise reconditioning used oil before returning it for reuse by the generator.
(ii) Separating used oil from wastewater generated on‑site to make the wastewater acceptable for discharge or reuse pursuant to section 402 or section 307(b) of the federal clean water act or other applicable federal or state requirements governing the management or discharge of wastewaters.
(iii) Using oil mist collectors to remove small droplets of used oil from in‑plant air to make plant air suitable for continued recirculation.
(iv) Draining or otherwise removing used oil from materials that contain, or are otherwise contaminated with, used oil to remove excessive oil to the extent possible pursuant to the provisions of R 299.9809(2)(c).
(v)
Filtering, separating, or otherwise reconditioning used oil before burning it
in a space heater pursuant to the provisions of 40 C.F.R. §279.23.
(3)
An owner or operator of a facility that processes used oil shall comply with
the provisions of 40 C.F.R. §§279.51,
279.52, 279.54, 279.55, 279.56, 279.57, and 279.58, except §279.54(a).
(4)
An owners or operator of a facility that processes used oil shall ensure
that the used oil is not a hazardous waste pursuant to the provisions of
R 299.9809(2)(b). The determination mustshall be made by
testing the used oil or applying knowledge of the halogen content of the used
oil in light of the materials or processes used. Records of the analyses
conducted or information used to comply with this subrule mustshall
be maintained by the owner or operator for a period of not less than
3 years.
(5) An owner or operator of a facility that processes used oil shall not store used oil in units other than containers or tanks.
(6)
An owners or operator of a facility whothat generates
residues from the storage, processing, or rerefining of used oil shall manage
the residues in accordance with part 111 of the act and these rules.
(7)
The provisions of 40 C.F.R. §§279.41,
279.51, 279.52, 279.54, 279.55, 279.56, 279.57, 279.58, and 279.61, except §279.54(a),
are adopted by reference in R 299.11003. For the purposes of the
adoption, the word "director" shall replaces the words
"regional administrator" and the term "R 299.9813" shall
replaces the words "subpart F of this chapter."
R 299.9814 Used oil burners whothat burn
off‑specification used oil for energy recovery; requirements.
Rule 814. (1) The requirements of this rule apply to an owner or operator of a facility that burns used oil for energy recovery, unless otherwise specified in subrule (2) of this rule.
(2) The requirements of this rule do not apply to any of the following:
(a) A facility that burns used oil for energy recovery under either of the following conditions:
(i)
The used oil is burned by a used oil generator in an on‑site space heater
pursuant to the provisions of 40 C.F.R. §279.23.
(ii)
The used oil is burned by a used oil processor or rerefiner for the purposes
of processing used oil, which is considered burning incidentally to used
oil processing.
(b)
A person whothat burns specification used oil if the burner is
in compliances with the requirements of R 299.9815.
(3) A used oil burner shall comply with both of the following restrictions on burning:
(a)
Off‑specification used oil fuel mustshall be burned for
energy recovery in only the following types of devices:
(i) An industrial furnace.
(ii) A boiler that meets 1 of the following criteria:
(A)
It is an industrial boiler that is located on the site of a facility whichthat
is engaged in a manufacturing process where substances are transformed into new
products, including component parts of products, by mechanical or chemical
processes.
(B) It is a utility boiler that is used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale.
(C)
It is a used oil‑fired space heater if the burner is in compliances
with the provisions of 40 C.F.R. §279.23.
(iii) A hazardous waste incinerator subject to regulation under part 6 of these rules.
(b)
A used oil burner may aggregate off‑specification used oil with virgin
oil or specification used oil for the purposes of burning but shall not
conduct suchthe aggregation for the purposes of producing
specification used oil fuel.
(4)
A used oil burner shall comply with the provisions of 40 C.F.R. §§279.62,
279.64, 279.65, and 279.66, except §279.64(a).
(5)
A used oil burner shall ensure that the used oil managed at the used oil burner
facility is not a hazardous waste pursuant to the provisions of
R 299.9809(2)(b). The determination mustshall be made by
testing the used oil, applying knowledge of the halogen content of the used oil
in light of the materials or processes used, by obtaining copies of analyses or
other information from the generator, or, if the used oil has been received
from a processor or rerefiner regulated under the provisions of
R 299.9813, using the information provided by the processor or rerefiner.
Records of the analyses conducted or information used to comply with this
subrule mustshall be maintained by the burner for a period of not
less than 3 years.
(6) A used oil burner shall not store used oil in units other than containers or tanks.
(7)
A used oil burner whothat generates residues from the storage or
burning of used oil shall manage the residues in accordance with part 111
of the act and these rules.
(8)
The provisions of 40 C.F.R. §§279.23,
279.62, 279.64, 279.65, and 279.66, except §279.64(a), are adopted by
reference in R 299.11003. For the purposes of the adoption, the word
"director" shall replaces the words "regional
administrator."
R 299.9815 Used oil fuel marketers; requirements.
Rule
815. (1) The requirements of this rule apply to a person whothat
conducts either of the following activities:
(a)
Directs a shipment of off‑specification used oil from his or hertheir
facility to a used oil burner.
(b)
First claims that the used oil whichthat 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 whothat 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 hertheir
facility to a used oil burner. Used oil processors or rerefiners whothat
burn some used oil fuel for the purposes of processing are considered to
be burning incidentally to processing. A used oil generator or transporter whothat
directs shipments of off‑specification used oil to used oil processors or
rerefiners whothat incidentally burn used oil is not a used oil
fuel marketer subject the requirements of this rule.
(b)
A person whothat 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 whothat is in compliances with both
of the following requirements:
(i) Has a site 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 whichthat 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 mustshall take the form of a log, invoice,
manifest, bill of lading, or other shipping documents. The records for each
shipment mustshall include all of the following
information:
(i)
The name, address, and site identification number of the transporter whothat
delivers the used oil to the burner.
(ii)
The name, address, and site identification number of the burner whothat
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 the facilities
to which the marketer delivers the used oil for a period of not less than
3 years from the date of shipment. The records mustshall
take the form of log, invoice, manifest, bill of lading, or other shipping
documents. The records for each shipment mustshall 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 replaces the words
"regional administrator."
R 299.9816 Used oil disposal; requirements.
Rule 816. (1) The requirements of this rule apply to all used oil that cannot be recycled and is therefore being disposed of. Used oil is assumed to be recycled unless the used oil handler disposes of the used oil or sends it for disposal.
(2)
Used oil that is not hazardous waste and cannot be recycled in accordance with
the provisions of R 299.9810 to R 299.9815 mustshall be
managed in accordance with the applicable federal and state regulations.
(3) The use of used oil as a dust suppressant is prohibited.
R 299.9817 Military munitions; applicability.
Rule 817. (1) Persons handling waste military munitions shall comply with the requirements of this rule and R 299.9818 to R 299.9821.
(2) Unless otherwise specified in this rule or R 299.9818 to R 299.9821, all applicable requirements of these rules apply to waste military munitions.
(3) A military munition is not a waste if it meets one of the following criteria:
(a) It is used for its intended purpose, including any of the following:
(i)
Use in training military personnel or explosives and munitions emergency
response specialists whichthat may include the destruction of
unused propellant or other munitions.
(ii) Use in research, development, testing, and evaluation of military munitions, weapons, or weapons systems.
(iii) Recovery, collection, and on-range destruction of unexploded ordnance and munitions fragments during range clearance activities at active or inactive ranges. However, in this case, "use for intended purpose" does not include the on-range disposal or burial of unexploded ordnance and contaminants if the burial is not a result of product use.
(b)
It is an unused munition, or component thereof, which is being repaired,
reused, recycled, reclaimed, disassembled, reconfigured, or otherwise subjected
to materials recovery activities, unless suchthe activities
involve use constituting disposal or burning for energy recovery under
R 299.9202.
(4) An unused military munition is a waste if any of the following occurs:
(a) The munition is abandoned by being disposed of, burned, detonated, incinerated, or treated before to disposal, except as provided in subrule (3) of this rule.
(b)
The munition is being removed from storage in a military magazine or other
storage area for the purpose of being disposed of, burned, or
incinerated, or treated before disposal.
(c)
The munition is deteriorated or damaged to the point that it cannot be put into
serviceable condition and cannot reasonably be recycled or used for other
purposes. For the purposes of this provision, the term “damaged” shall
means cracked, leaking, or other impairment that compromises the
integrity of the munition.
(d) The munition has been declared a waste by an authorized military official.
(5) A used or fired military munition is a waste if either of the following occurs:
(a) The munition
is transported off range or from the site of use, where the site of use is not
a range, for the purposes of storage, reclamation, treatment, disposal,
or treatment before disposal.
(b) If the munition is recovered, collected, and disposed of by burial, or landfilling either on or off range.
(6) For the
purposes of part 111 of the act, a used or fired military munition is a
waste and therefore, is potentially subject to corrective action and imminent
and substantial endangerment authorities under part 111 of the act, if the
munition lands off-range and is not promptly rendered safe or retrieved. Any
imminent and substantial threats associated with any remaining material mustshall be addressed. If
remedial action is infeasible, the operator of the range shall maintain a
record of the event for as long as any threat remains. The record mustshall include the type
of munition and its location to the extent the location is known.
R 299.9818 Military munitions; waste munitions transportation standards.
Rule
818. (1) A person transporting waste military munitions shall comply with the
requirements of 40 C.F.R. §266.203.
(2) The provisions
of 40 C.F.R. §266.203 are adopted by
reference in R 299.11003. For the purposes of the adoption, the words
"40 CFR part 261" shall be replaced by the wordsmean
"part 2 of these rules" and the words
"40 CFR parts 260 through 270" shall
be replaced by the wordsmean "these rules."
R 299.9819 Military munitions; emergency response standards.
Rule
819. Explosives and munitions emergencies involving military munitions or
explosives mustshall comply with R 299.9301(8),
R 299.9401(6), R 299.9501(3), and R 299.9503(2).
R 299.9820 Military munitions; waste munitions storage standards.
Rule
820. (1) Any person storing waste military munitions shall comply with the
requirements of 40 C.F.R. §266.205(a),
(b), (d), and (e)
(2)
Any person not complying with the criteria outlined in 40 C.F.R. §266.205(a)
is subject to the requirements of parts 5 and 6 of these rules.
(3)
The provisions of 40 C.F.R. §266.205(a),
(b), (d), and (e) are adopted by reference in R 299.11003. For the
purposes of this adoption, the words "part 2 of these rules" shall
replace the words "40 CFR part 261," the words
"the act and these rules” shall replace the words "RCRA subtitle C,"
and the words "these rules" shall replace the words
"40 CFR parts 260 through 279."
R 299.9821 Military munitions; waste munitions standards.
Rule
821. The treatment and disposal of military munitions whichthat
are considered a hazardous waste under these rules are subject to all of the
applicable licensing, procedural, and technical requirements of these rules.
R 299.9822 Low-level mixed waste storage and treatment; conditional exemption, eligibility, and standards.
Rule 822. (1) Persons storing and treating LLMW shall comply with these rules unless otherwise specified in this rule.
(2) LLMW is exempt from the definition of hazardous waste under the storage and treatment conditional exemption if both of the following requirements are met:
(a) The LLMW meets the eligibility requirements of subrule (3) of this rule.
(b) Persons storing and treating the LLMW comply with subrule (4) of this rule.
(3) LLMW is eligible for the LLMW storage and treatment conditional exemption if it is generated and managed under a single NRC or NRC agreement state license. A facility that receives LLMW generated at a facility with a different NRC or NRC agreement state license number is subject to the operating license requirements under parts 5 and 6 of these rules and is ineligible for the conditional exemption in subrule (2) of this rule. NARM waste is also ineligible for the conditional exemption in subrule (2) of this rule.
(4)
In order tTo qualify for and maintain the LLMW storage and
treatment conditional exemption, persons storing and treating LLMW shall comply
with all of the following requirements:
(a)
Provide to the department by certified delivery written notification that the
conditional exemption is being claimed. The notification mustshall
be provided to the department within 90 days ofafter the
effective date of this rule or within 90 days ofafter when
a storage or treatment unit is first used to store or treat conditionally
exempt LLMW. The dated notification shall include all of the following
information:
(i) The applicant's name.
(ii) The applicant's address.
(iii) The applicant's site identification number.
(iv) The applicant's NRC or NRC agreement state license number.
(v)
The hazardous waste number or number(s) of the waste for
which the exemption is being sought.
(vi)
The storage unit or unit(s) and treatment unit or unit(s)
for which the exemption is being sought.
(vii) A statement that the applicant meets the conditions of this rule.
(viii) The signature of an authorized representative certifying that the information in the notification is true, accurate, and complete.
(b)
Store the LLMW in tanks or containers inthat compliancey
with the requirements of the NRC or NRC agreement state license that apply to
the proper storage of LLRW, not including those requirements that relate solely
to recordkeeping.
(c)
Store the LLMW in tanks or containers inthat compliancey
with the chemical compatibility requirements for tanks or containers in
part 6 of these rules.
(d)
Certify that facility personnel whothat manage stored
conditionally exempt LLMW are trained in a manner that ensures that the
conditionally exempt waste is safely managed and includes training in chemical
waste management and hazardous materials incidents response that meets the
personnel training standards of 40 C.F.R. §265.16(a)(3).
(e)
Conduct an inventory of the stored conditionally exempt LLMW at leastnot
less than annually and inspect the waste at leastnot less than
quarterly for compliance with this rule and R 299.9823, as applicable.
(f)
Maintain an accurate emergency plan and provide the plan to all local
authorities whothat may have to respond to a fire, explosion, or
release of hazardous waste or hazardous constituents. The plan mustshall
include all of the following information:
(i) A description of the emergency response arrangements with local authorities.
(ii) A description of the evacuation plans.
(iii) A list of the names, addresses, and telephone numbers of all facility personnel qualified to work with local authorities as emergency coordinators.
(iv) A list of the emergency equipment.
(g) Only treat the LLMW at the facility within a tank or container pursuant to the terms of the NRC or NRC agreement state license. Treatment that cannot be conducted in a tank or container without an operating license under these rules, such as incineration, is not allowed under the conditional exemption of subrule (2) of this rule.
(5)
Failure to comply with the requirements of subrule (4) of this rule mustshall
result in the automatic loss of the conditional exemption of subrule (2)
of this rule. If the exemption is lost, the person handling the LLMW shall comply
with all of the following requirements:
(a)
Immediately manage the waste associated with the failure as a hazardous waste.
The associated storage or treatment unit or unit(s) shall
become subject to the hazardous waste tank and container storage and treatment
requirements of these rules, as applicable.
(b)
Provide a written report by certified delivery to the department and the NRC,
or the oversight agency in the NRC agreement state. The report mustshall
be submitted within 30 days ofafter learning of the failure
to comply. The report mustshall be signed by an authorized
representative certifying that the information provided in the report is true,
accurate, and complete. The report mustshall include all of
the following information:
(i) The specific conditions that were not met.
(ii) The waste name associated with the LLMW.
(iii) The hazardous waste number associated with the LLMW.
(iv) The quantity of LLMW involved.
(v) The storage or treatment location at the facility.
(vi)
The date or dates upon whichthat the failure to meet the
conditions occurred.
(6)
If the failure to meet any of the LLMW storage and treatment conditional
exemption conditions may endanger human health or the environment, oral
notification to the department mustshall be made within
24 hours and follow-up written notification mustshall be
provided within 5 days. Failures that may endanger human health or the
environment include, but are not limited to, the discharge of a cerclaCERCLA
reportable quantity, leaking or exploding tanks or containers, detection of radionuclides
above background, or detection of hazardous constituents in the leachate
collection system of a storage area. Failures that may endanger human health
or the environment require execution of emergency plans.
(7) The department may terminate a LLMW storage and treatment conditional exemption, or require additional conditions to claim an exemption, for serious or repeated noncompliance with any of the requirements of this rule and R 299.9823.
(8)
Persons that have lost their LLMW storage and treatment conditional exemption
may regain their exemption by complying with all of the following
requirements:
(a) Complying with subrule (4) of this rule.
(b)
Providing to the department by certified delivery written notification that the
exemption is being reclaimed. The notification mustshall be
signed by an authorized representative certifying that the information
contained in the notice is true, accurate, and complete. The notification mustshall
contain all of the following information:
(i) An explanation of the circumstances surrounding each failure to comply.
(ii)
A certification that each failure has been corrected and that all of the
conditions required for the exemption have been met as of the specified date.
(iii)
A description of the plans that have been implemented, listing the specific
steps taken to ensure that all of the conditions required for the
exemption will be met in the future.
(iv)
Any oOther information that should be considered by the
department in reviewing the notice to reclaim the exemption.
(9) The department may terminate a reclaimed LLMW storage and treatment conditional exemption if the department finds that the claim is inappropriate based on factors including, but not limited to, any of the following:
(a)
Not correcting the problem whichthat resulted in loss of the
exemption.
(b) Providing an unsatisfactory explanation of the circumstances surrounding the failure to comply with the requirements for the exemption.
(c) Not implementing a plan with steps to prevent another failure to comply with the requirements for the exemption.
(10) When reviewing a request to reclaim the LLMW storage and treatment conditional exemption under subrule (18) of this rule, the department may add additional conditions to the LLMW storage and treatment conditional exemption to ensure that the waste management during the storage and treatment of the waste will protect human health and the environment.
(11)
In addition to the records required by a NRC or NRC agreement state license,
all of the following records mustshall be keptmaintained:
(a) Initial notification records, return receipts, reports regarding failure to meet the exemption conditions, and all records supporting any reclamation of an exemption.
(b) Records of the LLMW annual inventories and quarterly inspections.
(c)
Certification that facility personnel whothat manage stored or
treated LLMW are trained in the safe management of the waste, including
training in chemical waste management and hazardous materials incidents
response.
(d) The emergency plan specified in subrule (4)(f) of this rule.
(12)
Records concerning notifications, personnel training, and emergency plans mustshall
be maintained at the facility for as long as the LLMW storage and treatment
conditional exemption is claimed and for 3 years thereafterafterwards,
or pursuant to NRC regulations under 10 C.F.R. part 20
or equivalent NRC agreement state regulations, whichever is longer. Records
concerning annual inventories and quarterly inspections mustshall
be maintained at the facility for 3 years after the waste is sent for
disposal, or pursuant to NRC regulations under 10 C.F.R. part 20
or equivalent NRC agreement state regulations, whichever is longer.
(13) The LLMW storage and treatment conditional exemption does not apply in the following situations:
(a) Once the LLMW has met the requirements of the NRC or NRC agreement state license for decay-in-storage and can be disposed of as nonradioactive waste. On that date, the waste is subject to regulation as a hazardous waste under these rules and the time period for accumulation of hazardous waste specified in part 3 of these rules begins.
(b) Once the LLMW, which has been generated and stored or treated under a single NRC or NRC agreement state license number, is removed from storage. However, the LLMW may qualify for the transportation and disposal conditional exemption in R 299.9823.
(14)
Facilities that have been used to store only LLMW before the effective date of
this rule, and after that date, store only LLMW, which becomes exempt
under this rule or R 299.9823, are not subject to the closure requirements
of part 6 of these rules. Storage and treatment units, or portions thereof
storage and treatment units, that have been used to store both LLMW and
non-mixed hazardous waste before the effective date of this rule, or are
used to store both wastes after that date, remain subject to the closure
requirements with respect to the non-mixed hazardous waste.
(15)
The provisions of 10 C.F.R. part 20 and
40 C.F.R. §265.16(a)(3) are adopted by
reference in R 299.11003.
R 299.9823 Low-level mixed waste and NARM waste transportation and disposal; conditional exemption, eligibility, and standards.
Rule 823. (1) Persons transporting and disposing of LLMW and NARM waste shall comply with the requirements of these rules unless otherwise specified in this rule.
(2) LLMW and NARM waste are exempt from the definition of hazardous waste under the transportation and disposal conditional exemption if both of the following requirements are met:
(a) The waste meets the eligibility requirements of subrule (3) of this rule.
(b) Persons transporting or disposing of the waste comply with subrule (4) of this rule.
(3) Waste is eligible for the transportation and disposal conditional exemption if it meets the LLMW acceptance criteria of a low-level radioactive waste disposal facility or is eligible NARM waste.
(4)
To qualify for and maintain the transportation and disposal conditional
exemption, persons transporting or disposing of LLMW or eligible NARM waste
shall comply with all of the following requirements:
(a)
Provide to the department by certified delivery a 1-time written notification
that the exemption is being claimed. This notification mustshall
be provided before the initial shipment of exempted radioactive waste from the
facility to a low-level radioactive waste disposal facility. The dated
notification mustshall include all of the following
information:
(i) The name of the facility from which the waste will be shipped.
(ii) The address of the facility from which the waste will be shipped.
(iii) The telephone number of the facility from which the waste will be shipped.
(iv) The site identification number of the facility from which the waste will be shipped.
(b)
A notification to the low-level radioactive waste disposal facility receiving
the exempted radioactive waste. The notification mustshall be
sent by certified delivery and shall be provided before shipment of each
exempted radioactive waste. The exempted radioactive waste may only be shipped
when the facility shipping the waste has received the return receipt of the
notice to the low‑level radioactive waste disposal facility. The
notification mustshall include all of the following
information:
(i) A statement that the exemption is being claimed for the waste.
(ii) A statement that the eligible waste meets the applicable land disposal restriction treatment standards.
(iii) The shipping facility's name.
(iv) The shipping facility's address.
(v) The shipping facility's site identification number.
(vi) The applicable hazardous waste number or numbers before the exemption of the waste.
(vii) A statement that the exempted radioactive waste must be placed in a container pursuant to subdivision (e) of this subrule before disposal in order for the waste to remain exempt under the transportation and disposal conditional exemption.
(viii) The manifest number of the shipment that will contain the exempted radioactive waste.
(ix) The signature of an authorized representative certifying that the information in the notification is true, accurate, and complete.
(c)
The LLMW and eligible NARM waste mustshall meet or be treated to
meet the land disposal restriction treatment standards specified in 40 C.F.R. part 268,
subpart D.
(d)
If a person is not already subject to NRC or NRC agreement state equivalent
manifest and transportation regulations for shipping waste, the person shall
manifest the waste pursuant to 10 C.F.R. §20.2006,
or NRC agreement state equivalent regulations, and transport the waste pursuant
to 10 C.F.R. §71.5, or NRC agreement
state equivalent regulations.
(e)
The LLMW and eligible NARM waste mustshall be in containers when
it is disposed of in the low-level radioactive waste disposal facility. The
containers mustshall be 1 of the following:
(i) A carbon steel drum.
(ii) An alternative container with equivalent containment performance in the disposal environment as a carbon steel drum.
(iii) A high integrity container as defined by NRC.
(f)
The LLMW and eligible NARM waste mustshall be disposed of at a
designated low-level radioactive waste disposal facility that is regulated and
licensed by the NRC under 10 C.F.R. part 61
or by an NRC agreement state under equivalent state regulations, including
state NARM licensing regulations for eligible NARM waste.
(5)
The transportation and disposal conditional exemption shall become effective
when all of the following requirements have been met:
(a) The LLMW and eligible NARM waste meets the applicable land disposal restriction treatment standards.
(b) The shipping facility has received return receipts that the department and the low-level radioactive waste disposal facility have received the notifications referenced in subrule (4) of this rule.
(c)
The shipping facility has completed the packaging and preparation for shipment
requirements for the waste according to 10 C.F.R. part 71
or NRC agreement state equivalent regulations, and the manifest for the waste
has been prepared according to 10 C.F.R. part 20
or NRC agreement state equivalent regulations.
(d) The LLMW and eligible NARM waste has been placed on a transportation vehicle destined for a low-level radioactive waste disposal facility licensed by the NRC or an NRC agreement state.
(6)
Failure to comply with subrule (4) of this rule shall results
in the automatic loss of the conditional exemption of subrule (2) of this
rule. If the exemption is lost, the person handling the LLMW or eligible NARM
waste shall comply with all of the following requirements:
(a)
Provide a written report by certified delivery to the department and the NRC,
or the oversight agency in the NRC agreement state. The report mustshall
be submitted within 30 days ofafter learning of the failure
to comply. The report mustshall be signed by an authorized
representative certifying that the information provided in the report is true,
accurate, and complete. The report mustshall include all of
the following information:
(i) The specific conditions that were not met.
(ii) The name of the waste losing the exemption.
(iii) The hazardous waste number of the waste losing the exemption.
(iv) The quantity of waste losing the exemption.
(v)
The dates upon which the failure to meet the conditions occurred.
(7)
If the failure to meet any of the transportation and disposal conditional
exemption conditions may endanger human health or the environment, oral
notification to the department mustshall be made within 24 hours
and follow up written notification mustshall be provided within
5 days.
(8) The department may terminate a transportation and disposal conditional exemption, or require additional conditions to claim an exemption, for serious or repeated noncompliance with any of the requirements of this rule and R 299.9822.
(9)
A person whothat has lost a transportation and disposal
conditional exemption may regain an exemption. The exemption may only be
reclaimed after receipt of the return receipt confirming that the department
has received the notification of loss of the exemption, and by complying with
all of the following requirements:
(a) Complying with subrule (4) of this rule.
(b)
Providing to the department by certified delivery written notification that the
exemption is being reclaimed. The notification mustshall be
signed by an authorized representative certifying that the information
contained in the notice is true, accurate, and complete. The notification mustshall
contain all of the following information:
(i) An explanation of the circumstances surrounding each failure to comply.
(ii)
A certification that each failure has been corrected and that all of the
conditions required for the exemption have been met as of the specified date.
(iii)
A description of the plans that have been implemented, listing the specific
steps taken to ensure that all of the conditions required for the
exemption will be met in the future.
(iv)
Any oOther information that should be considered by the department
in reviewing the notice to reclaim the exemption.
(10) The department may terminate a reclaimed transportation and disposal conditional exemption if the department finds that the claim is inappropriate based on factors including, but not limited to, any of the following:
(a)
Not correcting the problem whichthat resulted in loss of the
exemption.
(b) Providing an unsatisfactory explanation of the circumstances surrounding the failure to comply with the requirements for the exemption.
(c) Not implementing a plan with steps to prevent another failure to comply with the requirements for the exemption.
(11) When reviewing a request to reclaim the transportation and disposal conditional exemption, the department may add additional conditions to the transportation and disposal conditional exemption to ensure that the waste management during the transportation and disposal activities will protect human health and the environment.
(12)
In addition to the records required by a NRC or NRC agreement state license,
all of the following records mustshall be keptmaintained:
(a)
The records required pursuant to R 299.9601(1) and (2) and 40 C.F.R. §268.7
to demonstrate that the waste has met the land disposal restriction treatment
standards before claiming the exemption.
(b)
Notification records and return receipts required pursuant to
subrules (6), (7), and (9) of this rule. This information mustshall
be keptmaintained at the facility for 3 years after the
exempted radioactive waste is sent for disposal.
(c)
Notification records and return receipts required pursuant to
subrule (4)(a) of this rule. This information mustshall be keptmaintained
for 3 years after the last exempted radioactive waste is sent for
disposal.
(d)
Notification records and return receipts required pursuant to
subrule (4)(b) of this rule. This information mustshall be keptmaintained
for 3 years after the exempted radioactive waste is sent for disposal.
(e)
If a person is not already subject to the NRC or NRC agreement state equivalent
manifest and transportation regulations for the shipment of the waste, all
other documents related to tracking the exempted radioactive waste as required
under 10 C.F.R. §20.2006 or NRC agreement
state equivalent regulations, including applicable NARM requirements.
(13) The
provisions of 10 C.F.R. §71.5, and
10 C.F.R. parts 20 and 61 are adopted by
reference in R 299.11003.
R 299.9824 Hazardous waste pharmaceuticals and hazardous waste ENDS;
applicability.
Rule 824. (1) A healthcare facility or ENDS retailer that is a very small quantity generator when counting all its hazardous waste, including both hazardous waste pharmaceuticals and non‑pharmaceutical hazardous waste, shall comply with all the following requirements:
(a) R 299.9304.
(b) The optional provisions of R 299.9827.
(c) R 299.9828.
(d) R 299.9830.
(2) A healthcare facility or ENDS retailer that is a very small quantity generator when counting all its hazardous waste, including both hazardous waste pharmaceuticals and non‑pharmaceutical hazardous waste, may comply with subrule (4) of this rule for management of its hazardous waste pharmaceuticals and hazardous waste ENDS instead of R 299.9304 and the optional provisions of R 299.9827.
(3) A healthcare facility, ENDS retailer, or reverse distributor is subject to all applicable hazardous waste regulations for management of its non‑pharmaceutical hazardous waste.
(4) With the exception of healthcare facilities and ENDS retailers identified in subrule (1) of this rule, a healthcare facility or ENDS retailer is subject to all the following requirements instead of parts 3 to 7 of these rules:
(a) R 299.9825 and R 299.9828 to R 299.9831 for management of the following:
(i) Non-creditable hazardous waste.
(ii) Potentially creditable hazardous waste pharmaceuticals if they are not destined for a reverse distributor.
(b) R 299.9825(1), R 299.9826, R 299.9828 to R 299.9830, and R 299.9832 for management of potentially creditable hazardous waste pharmaceuticals that are prescription pharmaceuticals and destined for a reverse distributor.
(5) A reverse distributor is subject to R 299.9828 to R 299.9833 instead of parts 3 to 7 of these rules for management of hazardous waste pharmaceuticals.
(6) Hazardous waste pharmaceuticals and hazardous waste ENDS generated or managed by entities other than healthcare facilities, ENDS retailers, or reverse distributors are subject to part 3 of these rules for the generation and accumulation of hazardous wastes, including hazardous waste pharmaceuticals and hazardous waste ENDS.
(7) The following are not subject to these rules, except as specified:
(a) Pharmaceuticals and ENDS that are not wastes because they are legitimately used or reused or reclaimed.
(b) Non-prescription pharmaceuticals and ENDS that are not wastes because they have a reasonable expectation of being legitimately used, reused, or reclaimed.
(c) Pharmaceuticals and ENDS being managed in accordance with a recall strategy that has been approved by the FDA under 21 CFR part 7, subpart C. R 299.9824 to R 299.9833 apply to the management of the recalled hazardous waste pharmaceuticals and hazardous waste ENDS after the FDA approves the destruction of the recalled items.
(d) Pharmaceuticals and ENDS managed in accordance with a recall corrective action plan that has been accepted by the Consumer Product Safety Commission under 16 CFR part 1115. R 299.9824 to R 299.9833 apply to the management of the recalled hazardous waste pharmaceuticals and hazardous waste ENDS after the Consumer Product Safety Commission approves the destruction of the recalled items.
(e) Pharmaceuticals and ENDS stored according to a preservation order, or during an investigation or judicial proceeding until after the preservation order, investigation, or judicial proceeding has concluded or a decision is made to discard the pharmaceuticals and ENDS.
(f) Investigational new drugs for which an investigational new drug application is in effect in accordance with the FDA’s regulations in 21 CFR part 312. R 299.9824 to R 299.9833 do apply to the management of the investigational new drug after the decision is made to discard the drug or the FDA approves the destruction of the drug if the drug is a hazardous waste.
(g) Household waste pharmaceuticals and household waste ENDS, including those that have been collected by an authorized collector, if the authorized collector complies with the conditional exemption in R 299.9829(1).
(8) The provisions of 16 CFR part 1115; 21 CFR part 7, subpart C; and 21 CFR part 312 are adopted by reference in R 299.11004.
R 299.9825 Hazardous waste pharmaceuticals and hazardous waste ENDS; standards for healthcare facilities and ENDS retailers managing non-creditable hazardous waste pharmaceuticals and hazardous waste ENDS.
Rule 825. (1) The requirements of this rule apply to healthcare facilities managing non‑creditable hazardous waste pharmaceuticals and ENDS retailers managing hazardous waste ENDS under R 299.9824 to R 288.9833. Healthcare facilities and ENDS retailers shall determine if their non-creditable pharmaceutical wastes or ENDS are a hazardous waste. The healthcare facility or ENDS retailer may choose to manage its non‑hazardous waste pharmaceuticals or ENDS as non‑creditable hazardous wastes.
(2) Healthcare facilities or ENDS retailers shall notify the director that they are a healthcare facility or ENDS retailer operating under R 299.9824 to R 299.9833, using Michigan site identification form EQP5150, and obtain a site identification number if they do not already have one. The healthcare facility or ENDS retailer is not required to complete the portion of item 12 of the form on hazardous waste numbers for regulated hazardous waste for hazardous waste pharmaceuticals or hazardous waste ENDS. Separate notifications are required for each location or site identification number. The healthcare facility or ENDS retailer shall keep a copy of each notification on file for as long as the healthcare facility or ENDS retailer is subject to R 299.9824 to R 299.9833.
(3) The notification required in subrule (2) of this rule must be submitted as follows:
(a) As part of the healthcare facility or ENDS retailer’s next biennial report if it is required to submit one. Healthcare facilities and ENDS retailers are not subject to the biennial reporting requirements under R 299.9312, with respect to non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS managed under R 299.9824 to R 299.9833.
(b) If not required to submit a biennial report, within 60 days of the effective date of R 299.9824 to R 299.9833 or within 60 days of becoming subject to R 299.9824 to R 299.9833.
(4) A healthcare facility or ENDS retailer that operated under R 299.9824 to R 299.9833 but is no longer subject to those rules because it is a very small quantity generator under R 299.9304 and elects to withdraw from regulation under R 299.9824 to R 299.9833, shall notify the director, using the Michigan site identification form EQP5150, that it is no longer operating under R 299.9824 to R 299.9833. Withdraw notifications do not require completion of the portion of item 12 of the form on hazardous waste numbers for regulated hazardous waste for hazardous waste pharmaceuticals or hazardous waste ENDS. Separate notifications are required for each location or site identification number. Withdraw notifications must be submitted before beginning operation under the conditional exemption in R 299.9304. The healthcare facility or ENDS retailer shall keep a copy of each withdraw notification on file for 3 years from the date of signature on the notification.
(5) The healthcare facility or ENDS retailer shall ensure that all personnel that manage non‑creditable hazardous waste pharmaceuticals or hazardous waste ENDS are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.
(6) A healthcare facility or ENDS retailer accumulating non‑creditable hazardous waste pharmaceuticals or hazardous waste ENDS shall comply with all the following container management requirements:
(a) Non-creditable hazardous waste pharmaceuticals and hazardous waste ENDS must be placed in containers that are structurally sound, compatible with their contents, and lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(b) Manage containers of ignitable or reactive non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS or mixed or commingled incompatible non‑creditable hazardous waste pharmaceuticals or hazardous waste ENDS in a manner that does not have the potential to do any of the following:
(i) Generate extreme heat or pressure, fire or explosion, or violent reaction.
(ii) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health.
(iii) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosion.
(iv) Damage the structural integrity of the container.
(v) Otherwise threaten human health or the environment.
(c) Keep each container closed and secured in a manner that prevents unauthorized access to its contents.
(d) Accumulate non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS that are prohibited from being combusted because of the dilution prohibition under 40 CFR 268.3(c) and non‑hazardous non‑creditable waste pharmaceuticals in separate containers.
(e) Label or clearly mark each container of non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS with the phrase "Hazardous Waste Pharmaceuticals" or “Hazardous Waste Electronic Nicotine Delivery Systems”, respectively, and all applicable hazardous waste numbers.
(7) A healthcare facility or ENDS retailer may accumulate non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS on-site for 1 year or less without an operating license or having interim status under these rules. The healthcare facility or ENDS retailer shall demonstrate the length of time the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS have been accumulating, starting from the date the pharmaceuticals or ENDS first become a waste. A healthcare facility or ENDS retailer may make this demonstration by any of the following methods:
(a) Marking or labeling containers of non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS with the date that the pharmaceuticals or ENDS became a waste.
(b) Maintaining an inventory system that identifies the date the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS being accumulated first became a waste.
(c) Placing the non-creditable hazardous waste pharmaceuticals in a specific area and identifying the earliest date that any of the pharmaceuticals in the area became a waste.
(d) Placing the hazardous waste ENDS in a specific area and identifying the earlier date that any of the systems in the area became a waste.
(8) A healthcare facility accumulating non-creditable hazardous waste pharmaceuticals or an ENDS retailer accumulating hazardous waste ENDS shall comply with the requirements of 40 CFR part 268, except that the facility or retailer is not required to identify the hazardous waste numbers on the land disposal restrictions notification.
(9) A healthcare facility that sends a shipment of non-creditable hazardous waste pharmaceuticals or an ENDS retailer that sends a shipment of hazardous waste ENDS to a designated facility with the understanding that the designated facility can accept and manage the waste, shall comply with the following requirements:
(a) If the healthcare facility or ENDS retailer later receives that shipment back as a rejected load under the manifest discrepancy provisions of R 299.9608, accumulate the returned non‑creditable hazardous waste pharmaceuticals or hazardous waste ENDS on-site for up to an additional 90 days if the returned shipment is managed in accordance with subrule (6) of this rule. On receipt of the returned shipment, the healthcare facility or ENDS retailer shall do all of the following:
(i) Sign either item 18c of the original manifest if the original manifest was used for the returned shipment or item 20 of the new manifest if a new manifest was used for the returned shipment.
(ii) Provide the transporter with a copy of the manifest.
(iii) Within 30 days of receipt of the rejected shipment, send a copy of the manifest to the designated facility that returned the shipment.
(iv) Within 90 days of receipt of the rejected shipment, transport or offer for transport the returned shipment in accordance with R 299.9831(1).
(b) If the healthcare facility or ENDS retailer does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 60 days of the date the non‑creditable hazardous waste pharmaceuticals or hazardous waste ENDS were accepted by the initial transporter, the healthcare facility or ENDS retailer shall submit to the director both of the following:
(i) A legible copy of the original manifest, indicating that the healthcare facility or ENDS retailer has not received confirmation of delivery.
(ii) A handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received and explaining the efforts taken to locate the non‑creditable hazardous waste pharmaceuticals or hazardous waste ENDS and the results of those efforts.
(c) If the healthcare facility or ENDS retailer does not receive a copy of the manifest for a rejected shipment of the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS that is forwarded by the designated facility to an alternate facility, with the signature of the owner or operator of the alternate facility within 60 days of the date the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS were accepted by the initial transporter forwarding the shipment from the designated facility to the alternate facility, the healthcare facility or ENDS retailer shall submit to the director both of the following:
(i) A legible copy of the original manifest, indicating that the healthcare facility or has not received confirmation of delivery.
(ii) A handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received and explaining the efforts taken to locate the non‑creditable hazardous waste pharmaceuticals or hazardous waste ENDS and the results of those efforts.
(10) The director may require healthcare facilities or ENDS retailers to furnish additional reports on the quantities and disposition of non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS.
(11) A healthcare facility or ENDS retailer shall keep the following records for the specified time periods, unless automatically extended during any unresolved enforcement action regarding the regulated activity or requested by the director, and make them readily available to the department up request:
(a) A copy of each manifest signed in accordance with R 299.9309 for 3 years or until it receives a signed copy from the designated facility that received the non‑creditable hazardous waste pharmaceuticals or hazardous waste ENDS. This signed copy must be retained for not less than 3 years from the date the waste was accepted by the initial transporter.
(b) Each exception report submitted under subrule (9) of this rule for a period of not less than 3 years from the date of the report.
(c) Any test results, waste analyses, or other determinations made to support its hazardous waste determinations consistent with R 299.9302, for not less than 3 years from the date the waste was last sent to on-site or off-site treatment, storage, or disposal. A facility that manages all its non‑creditable non‑hazardous waste pharmaceuticals as non-creditable hazardous waste pharmaceuticals or an ENDS retailer that manages all its non‑hazardous waste ENDS as hazardous waste ENDS is not required to keep documentation of hazardous waste determinations.
(12) Healthcare facilities and ENDS retailers shall immediately contain all spills of non‑creditable hazardous waste pharmaceuticals and hazardous waste ENDS and manage the spill clean-up materials as non‑creditable hazardous waste pharmaceuticals or hazardous waste ENDS in accordance with the requirements of R 299.9824 to R 299.9833.
(13) A healthcare facility or ENDS retailer may accept non‑creditable hazardous waste pharmaceuticals or hazardous waste ENDS from an off‑site healthcare facility or ENDS retailer that is a very small quantity generator, without an operating license or having interim status under these rules, if the receiving healthcare facility or ENDS retailer meets the following requirements:
(a) Is under the control of the same person as the very small quantity generator healthcare facility or ENDS retailer that is sending the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS off-site or has a contractual or other documented business relationship whereby the receiving healthcare facility or ENDS retailer supplies pharmaceuticals or ENDS to the very small quantity generator healthcare facility or ENDS retailer. For this subdivision, "control" means the power to direct the policies of the healthcare facility or ENDS retailer, whether by the ownership of stock, voting rights, or otherwise, except contractors that operate healthcare facilities or ENDS retailers on behalf of a different person do not "control" the healthcare facilities or ENDS retailers management of its non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS.
(c) Manages the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS that it receives from off-site in compliance with R 299.9824 to R 299.9833.
(d) Keeps records of the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS shipments it receives from off-site for 3 years from the date that the shipment is received. This period of retention is extended automatically during any unresolved enforcement action regarding the regulated activity or as requested by the director.
R 299.9826 Hazardous waste pharmaceuticals; standards for healthcare facilities managing potentially creditable hazardous waste pharmaceuticals.
Rule 826. (1) The requirements of this rule apply to healthcare facilities managing potentially creditable hazardous waste pharmaceuticals under R 299.9824 to R 288.9833. Healthcare facilities shall determine if their potentially creditable pharmaceutical waste is a hazardous waste pharmaceutical. A healthcare facility may choose to manage its potentially creditable non‑hazardous waste pharmaceuticals as potentially creditable hazardous waste pharmaceuticals.
(2) A healthcare facility may accept potentially creditable hazardous waste pharmaceuticals from an off‑site healthcare facility that is a very small quantity generator under R 299.9304, without an operating license or interim status under these rules, if the receiving healthcare facility meets all the following requirements:
(a) Is under the control of the same person as the very small quantity generator healthcare facility that is sending the potentially creditable hazardous waste pharmaceuticals off-site or has a contractual or other documented business relationship whereby the receiving healthcare facility supplies pharmaceuticals to the very small quantity generator healthcare facility. For this subdivision, "control" means the power to direct the policies of the healthcare facility, whether by the ownership of stock, voting rights, or otherwise, except contractors that operate healthcare facilities on behalf of a different person do not "control" the healthcare facilities.
(b) Is operating under R 299.9824 to R 299.9833 for the management of its potentially creditable hazardous waste pharmaceuticals.
(c) Manages the potentially creditable hazardous waste pharmaceuticals that it receives from off-site in compliance with R 299.9224 to R 299.9833.
(d) Keeps records of the potentially creditable hazardous waste pharmaceuticals shipments it receives for 3 years from the date the shipment is received.
(3) Healthcare facilities are prohibited from sending hazardous wastes other than potentially creditable hazardous waste pharmaceuticals to a reverse distributor.
(4) Healthcare facilities are not subject to biennial reporting requirements under R 299.9312 with respect to potentially creditable hazardous waste pharmaceuticals managed under R 299.9824 to R 299.9833.
(5) A healthcare facility that initiates a shipment of potentially creditable hazardous waste pharmaceuticals to a reverse distributor shall keep the following paper or electronic records for each shipment of potentially creditable hazardous waste pharmaceuticals for 3 years from the date of shipment, unless automatically extended during any unresolved enforcement action regarding the regulated activity or requested by the director, and make them readily available to the director upon request:
(a) The confirmation of delivery.
(b) The shipping papers prepared in accordance with 49 CFR part 172, subpart C, if applicable.
(6) A healthcare facility shall immediately contain all spills of potentially creditable hazardous waste pharmaceuticals and manage the spill clean-up materials as non-creditable hazardous waste pharmaceuticals in accordance with R 299.9824 to R 299.9833.
R 299.9827 Hazardous waste pharmaceuticals and hazardous waste ENDS; standards for healthcare facilities and ENDS retailers that are very small quantity generators for hazardous waste pharmaceuticals or hazardous waste ENDS and non‑pharmaceutical hazardous waste.
Rule 827. (1) The requirements of this rule apply to healthcare facilities and ENDS retailers that are very small quantity generators for hazardous waste pharmaceuticals or hazardous waste ENDS and non-pharmaceutical hazardous waste.
(2) Healthcare facilities or ENDS retailers that are very small quantity generator for both hazardous waste pharmaceuticals or hazardous waste ENDS and non-pharmaceutical hazardous waste may send its potentially creditable hazardous waste pharmaceuticals to a reverse distributor.
(3) Healthcare facilities or ENDS retailers that are very small quantity generator for both hazardous waste pharmaceuticals or hazardous waste ENDS and non-pharmaceutical hazardous waste may send its hazardous waste pharmaceuticals or hazardous waste ENDS off‑site to another healthcare facility or ENDS retailer if 1 of the following conditions are met:
(a) The receiving healthcare facility or ENDS retailer meets the conditions in R 299.9825(13) and R 299.9826(2), as applicable.
(b) The very small quantity generator healthcare facility or ENDS retailer meets the conditions in R 299.9304(1)(e)(xii) and the receiving large quantity generator meets the conditions in R 299.9307(6).
(4) A long-term care facility that is a very small quantity generator for both hazardous waste pharmaceuticals or hazardous waste ENDS and non-pharmaceutical hazardous waste may dispose of its hazardous waste pharmaceuticals and hazardous waste ENDS, excluding contaminated personal protective equipment or clean-up materials, in an on‑site collection receptacle of an authorized collector that is registered with the United States drug enforcement agency, if the contents are collected, stored, transported, destroyed, and disposed of in compliance with all applicable Unites States drug enforcement agency regulations for controlled substances.
(5) A long-term care facility with 20 beds or fewer is presumed to be a very small quantity generator subject to R 299.9304 for both hazardous waste pharmaceuticals or hazardous waste ENDS and non‑pharmaceutical hazardous waste and is subject to R 299.9828, R 299.9830, and the optional provisions of R 299.9824 to R 299.9827, R 299.9829, and R 299.9831 to R 299.9833. The director shall demonstrate that a long-term care facility with 20 beds or fewer generates quantities of hazardous waste that are greater than the very small quantity generator limits. A long‑term care facility with more than 20 beds that operates as a very small quantity generator under R 299.9304 shall demonstrate that it generates quantities of hazardous waste that are within the very small quantity generator limits.
R 299.9828 Hazardous waste pharmaceuticals and hazardous waste ENDS; prohibition of sewering hazardous waste pharmaceuticals and hazardous waste ENDS.
Rule 828. (1) All healthcare facilities and ENDS retailers, including very small quantity generators operating under R 299.9304 instead of R 299.9824 to R 299.9833, and reverse distributors are prohibited from discharging hazardous waste pharmaceuticals or hazardous waste ENDS to a sewer system that passes through to a POTW. Healthcare facilities, ENDS retailers, and reverse distributors remain subject to the prohibitions in 40 CFR 403.5(b)(1).
(2) The provisions of 40 CFR 403.5(b)(1) are adopted by reference in R 299.11003.
R 299.9829 Hazardous waste pharmaceuticals and hazardous waste ENDS; exemptions for hazardous waste pharmaceuticals and hazardous waste ENDS that are also controlled substance and household waste pharmaceuticals and household waste ENDS collected in a take-back event or program.
Rule 829. (1) Hazardous waste pharmaceuticals and hazardous waste ENDS that are also listed on a schedule of controlled substances by the Unites States Drug Enforcement Agency in 21 CFR part 1308 and household waste pharmaceuticals and household waste ENDS that are collected in a take-back event or program, including those that are collected by an authorized collector registered with the United States Drug Enforcement Agency that commingles the household waste pharmaceuticals and household waste ENDS with controlled substances from an ultimate user, are exempt from R 299.9228 and parts 3 to 7 of these rules, if all the following conditions are met:
(a) The hazardous waste pharmaceuticals and hazardous waste ENDS are managed in compliance with R 299.9828.
(b) The hazardous waste pharmaceuticals and hazardous waste ENDS are collected, stored, transported, and disposed of in compliance with all applicable United States Drug Enforcement Agency regulations for controlled substances.
(c) The hazardous waste pharmaceuticals and hazardous waste ENDS are destroyed by a method that the United States Drug Enforcement Agency has publicly deemed in writing to meet their non-retrievable standard of destruction or combusted at 1 of the following:
(i) A permitted large municipal waste combustor, subject to 40 CFR part 62, subpart FFF, or applicable state plan for existing large municipal waste combustors, or 40 CFR part 60, subpart Eb, for new large municipal waste combustors.
(ii) A permitted small municipal waste combustor, subject to 40 CFR part 62, subpart JJJ, or applicable state plan for existing small municipal waste combustors, or 40 CFR part 60, subpart AAAA, for new small municipal waste combustors.
(iii) A permitted hospital, medical, and infectious waste incinerator, subject to 40 CFR part 62, subpart HHH, or applicable state plan for existing hospital, medical and infectious waste incinerators, or 40 CFR part 60, subpart Ec, for new hospital, medical, and infectious waste incinerators.
(iv) A permitted commercial and industrial waste incinerator, subject to 40 CFR part 62, subpart III, or applicable state plan for existing commercial and industrial waste incinerators, or 40 CFR part 60, subpart CCCC, for new commercial and industrial waste incinerators.
(v) A permitted hazardous waste combustor subject to 40 CFR part 63, subpart EEE.
(2) The provisions of 40 CFR part 60, subparts Eb, Ec, AAAA, and CCCC and 40 CFR part 62, subparts FFF, HHH, III, and JJJ are adopted by reference in R 299.11003. The provisions of 21 CFR part 1308 are adopted by reference in R 299.11004.
R 299.9830 Hazardous waste pharmaceuticals and hazardous waste ENDS; residues of hazardous waste pharmaceuticals or hazardous waste ENDS in empty containers.
Rule 830. (1) A stock bottle, dispensing bottle, vial, or ampule of less than or equal to 1 liter or 10,000 pills; or a unit-dose container such as a unit-dose packet, cup, wrapper, blister pack, or delivery device is considered empty and the residues are not regulated as hazardous waste if the pharmaceuticals have been removed from the container using the practices commonly employed to remove materials from that type of container.
(2) Nicotine e-liquid vials packaged for retail sale in ENDS and less than or equal to 1 liter are considered empty and the residues are not regulated as hazardous waste if the liquid has been removed by pouring out the contents.
(3) A syringe is considered empty and the residues are not regulated as hazardous waste if the contents have been removed by fully depressing the plunger of the syringe. If a syringe is not empty, the syringe must be placed with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of as a non-creditable hazardous waste pharmaceutical under R 299.9824 to R 299.9833 and any applicable federal, state, and local requirements for sharps containers and medical waste.
(4) An intravenous bag is considered empty and the residues are not regulated as hazardous waste if the pharmaceuticals in the bag have been fully administered to a patient. If an intravenous bag is not empty, the bag must be placed with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of as a non-creditable hazardous waste pharmaceutical R 299.9824 to R 299.9833, unless the bag held non-acute hazardous waste pharmaceuticals and is empty as defined in R 299.9207.
(5) Hazardous waste pharmaceuticals remaining in all other types of unused, partially administered, or fully administered containers must be managed as non-creditable hazardous waste pharmaceuticals under R 299.9824 to R 299.9833, unless the container held non-acute hazardous waste pharmaceuticals and is empty as defined in R 299.9207. This includes, but is not limited to, residues in inhalers, aerosol cans, nebulizers, tubes of ointments, gels, or creams.
(6) Hazardous waste ENDS, including attached or attachable cartridges, pods, or tanks, that are unused, partially used, or fully used must be managed as hazardous waste, except empty vials described in subrules (1) or (2) of this rule.
R 299.9831 Hazardous waste pharmaceuticals and hazardous waste ENDS; shipping non‑creditable hazardous waste from a healthcare facility or ENDS retailer or evaluated hazardous waste pharmaceuticals from a reverse distributor.
Rule 831. (1) A healthcare facility or ENDS retailer shall ship non-creditable hazardous waste and a reverse distributor shall ship evaluated hazardous waste pharmaceuticals off-site to a designated facility in compliance with all the following requirements:
(a) Before transporting or offering for transport off-site, the following pre‑transport requirements:
(i) Package the waste in accordance with the applicable DOT regulations on hazardous materials under 49 CFR parts 173, 178, and 180.
(ii) Label each package in accordance with the applicable DOT regulations on hazardous materials under 49 CFR part 172, subpart E.
(iii) All the following marking requirements:
(A) Mark each package of non-creditable hazardous waste in accordance with the applicable DOT regulations on hazardous materials under 49 CFR part 172, subpart D.
(B) Mark each container of 119 gallons or less with the following words "HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority, EGLE, or the EPA"; the healthcare facility, ENDS retailer, or reverse distributor’s name, address, and site identification number; and the manifest tracking number accordance with the requirements of 49 CFR 172.304.
(C) Lab packs that will be incinerated in compliance with 40 CFR 268.42(c) are not required to be marked with hazardous waste numbers, except D004, D005, D006, D007, D008, D010, and D011, where applicable. A nationally recognized electronic system, such as bar coding or radio frequency identification, may be used to identify the hazardous waste number.
(iv) Placard or offer the initial transporter the appropriate placards according to DOT regulations for hazardous materials under 49 CFR part 172, subpart F.
(b) The manifest requirements of R 299.9309, except for the following:
(i) A healthcare facility shipping non-creditable hazardous waste pharmaceuticals is not required to list all applicable hazardous waste numbers in item 13 of the manifest.
(ii) A healthcare facility shipping non-creditable hazardous waste pharmaceuticals shall write the word "PHARMS" in item 13 of the manifest.
(2) A healthcare facility, ENDS retailer, or reverse distributor that exports non-creditable hazardous waste or evaluated hazardous waste pharmaceuticals is subject to R 299.9314.
(3) Any person that imports non-creditable hazardous waste or evaluated hazardous waste pharmaceuticals is subject to R 299.9314. A healthcare facility, ENDS retailer, or reverse distributor shall not accept imported non-creditable hazardous waste or evaluated hazardous waste pharmaceuticals unless they have an operating license or interim status under these rules that allows them to accept hazardous waste from off-site.
R 299.9832 Hazardous waste pharmaceuticals; shipping potentially creditable hazardous waste pharmaceuticals from a healthcare facility or reverse distributor to a reverse distributor.
Rule 832. (1) A healthcare facility or a reverse distributor that transports or offers for transport potentially creditable hazardous waste pharmaceuticals off-site to a reverse distributor shall comply with all applicable DOT regulations in 49 CFR part 171 to 180 for any potentially creditable hazardous waste pharmaceutical that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the DOT regulations, a material is considered a hazardous waste if it is subject to the hazardous waste manifest requirements in part 3 of these rules. Because a potentially creditable hazardous waste pharmaceutical does not require a manifest, it is not considered hazardous waste.
(2) Upon receipt of each shipment of potentially creditable hazardous waste pharmaceuticals, the receiving reverse distributor shall provide paper or electronic confirmation to the healthcare facility or reverse distributor that initiated the shipment that the shipment has arrived at its destination and is under the custody and control of the reverse distributor.
(3) If a healthcare facility or reverse distributor initiates a shipment of potentially creditable hazardous waste pharmaceuticals to a reverse distributor and does not receive delivery confirmation within 35 calendar days from the date that the shipment of potentially creditable hazardous waste pharmaceuticals was sent, the healthcare facility or reverse distributor that initiated the shipment shall contact the carrier and the intended reverse distributor promptly to report that the delivery confirmation was not received and determine the status of the potentially creditable hazardous waste pharmaceuticals.
(4) A healthcare facility or reverse distributor that sends potentially creditable hazardous waste pharmaceuticals to a foreign destination shall comply with R 299.9314, except the manifesting requirement of 40 CFR 262.83(c), in addition to subrules (1) to (3) of this rule.
(5) Any person that imports potentially creditable hazardous waste pharmaceuticals into the United States is subject to subrules (1) to (3) of this rule instead of R 299.9314. Immediately after the potentially creditable hazardous waste pharmaceuticals enter the United States, they are subject to all applicable requirements of R 299.9824 to R 299.9833.
R 299.9833 Hazardous waste pharmaceuticals; standards for managing potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals at reverse distributors.
Rule 833. (1) A reverse distributor may accept potentially creditable hazardous waste pharmaceuticals from off-site and accumulate potentially creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals on site without an operating license or without having interim status under these rules if the reverse distributor complies with all the following conditions:
(a) The reverse distributor shall notify the director using Michigan site identification form EQP 5150, that it is a reverse distributor operating under R 299.9824 to R 299.9833 and obtain a site identification number if it does not already have one. The notification must be submitted to the director within 60 days after the effective date of R 299.9824 to R 299.9833 or within 60 days of becoming subject to R 299.9824 to R 299.9833.
(b) The reverse distributor shall maintain a current inventory of all the potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals that are accumulated on-site. The inventory must be conducted within 30 days of each waste arriving on-site and include the identity, by name or national drug code, and quantity of each potentially creditable hazardous waste pharmaceutical and evaluated hazardous waste pharmaceutical. If the reverse distributor already satisfies the inventory requirements because of other regulatory requirements, the distributor is not required to maintain a separate inventory under this subdivision.
(2) A reverse distributor that is not a pharmaceutical manufacturer shall evaluate a potentially creditable hazardous waste pharmaceutical within 30 calendar days of the waste arriving on-site to establish if it is destined for any of the following:
(a) Another reverse distributor for further evaluation or verification of manufacturer credit. A potentially creditable hazardous waste pharmaceutical that is destined for another reverse distributor is still considered a potentially creditable hazardous waste pharmaceutical and must be managed under subrule (12) of this rule.
(b) A potentially creditable hazardous waste pharmaceutical that is destined for a hazardous waste treatment, storage, or disposal facility is considered an "evaluated hazardous waste pharmaceutical" and must be managed under subrule (13) of this rule.
(3) A reverse distributor that is a pharmaceutical manufacturer shall evaluate a potentially creditable hazardous waste pharmaceutical to verify manufacturer credit within 30 days of the waste arriving at on-site and manage the evaluated hazardous waste pharmaceuticals. After the evaluation, the evaluated hazardous waste pharmaceuticals must be managed under subrule (13) of this rule.
(4) A reverse distributor may accumulate potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals on-site for 180 days or less. The 180 days start after the potentially creditable hazardous waste pharmaceutical has been evaluated and applies to all hazardous waste pharmaceuticals accumulated on-site, whether destined for another reverse distributor as potentially creditable hazardous waste pharmaceuticals or to a hazardous waste treatment, storage, or disposal facility as evaluated hazardous waste pharmaceuticals.
(5) Unexpired pharmaceuticals that are otherwise creditable but are awaiting their expiration date can be accumulated for up to 180 days after the expiration date if the unexpired pharmaceuticals are managed under subrules (1) to (11) of this rule and the container labeling and management standards in subrules (13)(d) and (e) of this rule.
(6) A reverse distributor shall prevent unknowing entry and minimize the possibility for the unauthorized entry into the area where potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals are accumulated. If the reverse distributor already meets the security requirements of this subrule because of other regulatory requirements, the distributor is not required to provide separate security measures under this subrule. Some methods that may be used to prevent unknowing entry and minimize the possibility for authorized entry include the following:
(a) A 24-hour continuous monitoring surveillance system.
(b) An artificial barrier, such as a fence.
(c) A means to control entry, such as keycard access.
(7) A reverse distributor that accepts potentially creditable hazardous waste pharmaceuticals from off-site shall prepare a contingency plan and comply with R 299.9307(1)(c).
(8) When closing an area where a reverse distributor accumulates potentially creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals, the reverse distributor shall comply with R 299.9307(1)(k)(ii) and (iii).
(9) A reverse distributor shall submit an unauthorized waste report if the distributor receives waste from off-site that it is not authorized to accept. The reverse distributor shall prepare and submit an unauthorized waste report to the director within 45 days after the unauthorized waste arrives on-site. A copy of the unauthorized waste report must also be sent to the healthcare facility or other entity that sent the unauthorized waste. The reverse distributor shall manage the unauthorized waste in accordance with all applicable regulations. The unauthorized waste report must be signed by the owner or operator of the reverse distributor, or its authorized representative, and contain all the following information:
(a) The site identification number and name and address of the reverse distributor.
(b) The date the reverse distributor received the unauthorized waste.
(c) The site identification number and name and address of the healthcare facility that shipped the unauthorized waste, if available.
(d) A description and the quantity of each unauthorized waste the reverse distributor received.
(e) The method of treatment, storage, or disposal for each unauthorized waste.
(f) A brief explanation of why the waste was unauthorized, if known.
(10) The director may require reverse distributors to furnish additional reports on the quantities and disposition of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.
(11) A reverse distributor shall keep the following records for the specified time periods, unless automatically extended during any unresolved enforcement action regarding the regulated activity or requested by the director, and make them readily available to the department on request:
(a) A copy of its notification on file for as long as the distributor is subject to R 299.9824 to R 299.9833.
(b) A copy of the delivery confirmation and the shipping papers for each shipment of potentially creditable hazardous waste pharmaceuticals that it receives for not less than 3 years from the date the shipment arrives at the reverse distributor.
(c) A copy of each unauthorized waste report for not less than 3 years from the date the shipment arrives at the reverse distributor.
(d) A copy of its current inventory for as long as the facility is subject to R 299.9824 to R 299.9833.
(12) A reverse distributor that does not have an operating license or interim status under these rules shall comply with the following conditions, in addition to the requirements in subrules (1) to (11) of this rule, for the management of potentially creditable hazardous waste pharmaceuticals that are destined for another reverse distributor for further evaluation or verification of manufacturer credit:
(a) A reverse distributor that receives potentially creditable hazardous waste pharmaceuticals from a healthcare facility or another reverse distributor shall send those potentially creditable hazardous waste pharmaceuticals to a reverse distributor or another reverse distributor, respectively, within 180 days after the potentially creditable hazardous waste pharmaceuticals have been evaluated or follow subrule (13) of this rule for evaluated hazardous waste pharmaceuticals.
(b) Ship potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor in accordance with R 299.9832.
(c) Keep the following records for each shipment of potentially creditable hazardous waste pharmaceuticals that it initiates to another reverse distributor for not less than 3 years from the date of shipment, unless automatically extended during any unresolved enforcement action regarding the regulated activity or requested by the director, and make them readily available to the department upon request:
(i) The confirmation of delivery.
(ii) The DOT shipping papers prepared in accordance with 49 CFR part 172, subpart C, if applicable.
(13) A reverse distributor that does not have an operating license or interim status under these rules shall comply with the following conditions, in addition to the requirements of subrules (1) to (11) of this rule, for the management of evaluated hazardous waste pharmaceuticals:
(a) Designate an on-site accumulation area where it will accumulate evaluated hazardous waste pharmaceuticals.
(b) Inspect its on-site accumulation area not less than once every 7 days, looking at the containers for leaks, deterioration caused by corrosion or other factors, and signs of diversion.
(c) Ensure personnel that handle evaluated hazardous waste pharmaceuticals are trained in accordance with of R 299.9307(1)(f) to (h).
(d) A reverse distributor accumulating evaluated hazardous waste pharmaceuticals in containers in an on-site accumulation area must do all the following:
(i) Label the containers with the words "Hazardous Waste Pharmaceuticals".
(ii) Ensure the containers are in good condition and managed to prevent leaks.
(iii) Use containers that are made of or lined with materials that will not react with, and are otherwise compatible with, the evaluated hazardous waste pharmaceuticals, so that the ability of the container to contain the waste is not impaired.
(iv) Keep the containers closed if holding liquid or gel evaluated hazardous waste pharmaceuticals. If the liquid or gel evaluated hazardous waste pharmaceuticals are in their original, intact, sealed packaging; or repackaged, intact, sealed packaging, they meet the closed container standard.
(v) Manage any container of ignitable or reactive evaluated hazardous waste pharmaceuticals, or any container of commingled incompatible evaluated hazardous waste pharmaceuticals so that the container does not have the potential to do any of the following:
(A) Generate extreme heat or pressure, fire or explosion, or violent reaction.
(B) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health.
(C) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions.
(D) Damage the structural integrity of the container of hazardous waste pharmaceuticals.
(E) Otherwise threaten human health or the environment.
(e) Accumulate evaluated hazardous waste pharmaceuticals that are prohibited from being combusted because of the dilution prohibition of 40 CFR 268.3(c) in separate containers from other evaluated hazardous waste pharmaceuticals.
(f) Prior to shipping evaluated hazardous waste pharmaceuticals off-site, ensure all containers are marked with the applicable hazardous waste numbers. A nationally recognized electronic system, such as bar coding or radio frequency identification, may be used to identify the hazardous waste numbers.
(g) Ship evaluated hazardous waste pharmaceuticals that are destined for a hazardous waste treatment, storage, or disposal facility in accordance with the applicable shipping standards in R 299.9831(1) or (2).
(h) A reverse distributor that sends a shipment of evaluated hazardous waste pharmaceuticals to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment back as a rejected load in accordance with the manifest discrepancy provisions of R 299.9608, may accumulate the returned evaluated hazardous waste pharmaceuticals on-site for up to an additional 90 days in the on-site accumulation area if the rejected or returned shipment is managed in accordance with this subrule and subrules (1) to (12) of this rule. Upon receipt of the returned shipment, the reverse distributor shall do all of the following:
(i) Sign either item 18c of the original manifest if the original manifest was used for the returned shipment or item 20 of the new manifest if a new manifest was used for the returned shipment.
(ii) Provide the transporter a copy of the manifest.
(iii) Within 30 days of receipt the rejected shipment of the evaluated hazardous waste pharmaceuticals, send a copy of the manifest to the designated facility that returned the shipment to the reverse distributor.
(iv) Within 90 days of receipt of the rejected shipment, transport or offer for transport the returned shipment of evaluated hazardous waste pharmaceuticals in accordance with the applicable shipping standards of R 299.9831(1) or (2).
(i) Evaluated hazardous waste pharmaceuticals are subject to the land disposal restrictions of 40 CFR part 268. A reverse distributor that accepts potentially creditable hazardous waste pharmaceuticals from off-site shall comply with 40 CFR 268.7(a).
(j) A reverse distributor that ships evaluated hazardous waste pharmaceuticals off-site shall prepare and submit a single copy of a biennial report to the director by March 1 of each even numbered year in accordance with R 299.9312.
(k) If a reverse distributor does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 35 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter, the distributor shall contact the transporter or the owner or operator of the designated facility to determine the status of the evaluated hazardous waste pharmaceuticals.
(l) A reverse distributor shall submit an exception report to the director if it has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter. The exception report must include all the following:
(i) A legible copy of the manifest for which the reverse distributor does not have confirmation of delivery.
(ii) A cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.
(m) A reverse distributor that does not receive a copy of the manifest with the signature of the owner or operator of the alternate facility within 35 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter shall contact the transporter or the owner or operator of the alternate facility to determine the status of the hazardous waste. The 35-day time frame begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.
(n) A reverse distributor shall submit an exception report to the director if it has not received a copy of the manifest with the signature of the owner or operator of the alternate facility within 45 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter. The 45-day timeframe begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste pharmaceutical shipment from the designated facility to the alternate facility. The exception report must include all of the following:
(i) A legible copy of the manifest for which the generator does not have confirmation of delivery.
(ii) A cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.
(o) A reverse distributor shall keep a written or electronic log of inspections of the on-site accumulation area, required by subdivision (b) of this subrule. This log must be retained for not less than 3 years from the date of the inspection.
(p) A reverse distributor shall keep a copy of each manifest signed in accordance with R 299.9309 for 3 years or until it receives a signed copy from the designated facility that received the evaluated hazardous waste pharmaceutical. This signed copy must be retained as a record for not less than 3 years from the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter.
(q) A reverse distributor shall keep a copy of each biennial report for not less than 3 years from the due date of the report.
(r) A reverse distributor shall keep a copy of each exception report for not less than 3 years from the submission of the report.
(s) A reverse distributor shall keep records to document personnel training under R 299.9307(1)(i).
(t) All records must be readily available upon request by an inspector. The periods of retention referred to in this section are extended automatically during any unresolved enforcement action regarding the regulated activity or as requested by the director.
(14) A reverse distributor is an operator of a hazardous waste treatment, storage, or disposal facility and is subject to the requirements of parts 5 to 7 of these rules, if the distributor does any of the following:
(a) Fails to meet the conditions of this rule.
(b) Accepts manifested hazardous waste from off-site.
(c) Treats or disposes of hazardous waste pharmaceuticals on-site.
PART 10. AVAILABILITY OF REFERENCED MATERIALS
R 299.11001 Publications; adoption by reference.
Rule 1001. (1) The following ASTM standards are adopted by reference in these rules:
(a) D93‑1579 ($50).
(b) D93-80 ($69).
(bc)
D698-12 (2015) ($50).
(cd) D1557‑12
($50).
(de) D1586‑11
($44).
(ef) D1946‑8290
(2015) ($44).
(fg)
D2216-10 ($44).
(h) D2267-88 ($76).
(i) D2382-83 ($87).
(gj) D2434‑68
(2006) ($40).
(hk) D2487‑11
($50).
(il)
D2879-1092 ($44).
(jm)
D3278‑7896 (2011) ($44).
(kn)
D4318-10 (2014) ($50).
(lo)
D4809-13 ($44).
(mp)
D5084-10 ($64).
(nq)
D5092-04 (2010) ($50).
(or) D5299-14
($50).
(ps)
D5580-15 ($50).
(qt)
D6450-12 (2014) ($44).
(ru)
D6913-04 (2009)e1 ($64).
(sv) D6938-15
($44).
(tw)
D7928-16 ($64).
(x) D8174-18 ($69).
(y) D8175-18 ($69).
(uz) E168‑0688 ($50).
(vaa)
E169‑0487 (2014) ($44).
(wbb)
E260‑9685 (2011) ($50).
(cc) E681-85 ($69).
(xdd)
E926-94, Test Method C ($48).
(2)
The standards listed in subrule (1) of this rule are available from the
ASTM International, Sales Services, 100 Barr Harbor Drive,
P.O. Box C700, West Conshoshocken, Pennsylvania 19428-2959, 877-909-ASTM,
or www.astm.org. The costs identified in subrule (1) of this rule reflect
the costs when these rules were promulgated. The standards adopted in
subrule (1) of this rule are available for inspection and distribution at
the Lansing office of the department; Library, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW. (3403T), Washington ,DC 20460,
libraryhq@epa.gov; or the National Archives and Records Administration, 202‑741‑6030,
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(3)
The publication entitled "APTI Course 415: Control of Gaseous
Emissions," EPA Publication EPA‑450/2‑81‑005, PB91101709,
December 1981, is adopted by reference in these rules and available
electronically at no cost from www.nepis.epa.gov. The publication is
available from the National Technical Information Service, 5285 Port Royal
Road, Springfield, VA 22161, 703-605-6000 or 800-553-6847, or the
Superintendent of Documents, U.S. Government Publishing Office,
Washington, DC 20402, 202‑512-1800, for $81, the cost when these
rules were promulgated. The publication is available for inspection and
distribution at the Lansing office of the department; the Library,
U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW,
(3403T), Washington, DC 20460, libraryhq@epa.gov; or the National Archives
and Records Administration, 202‑741‑6030, or
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(4) The publication
entitled "U.S. EPA, Screening Procedures for Estimating the Air
Quality Impact of Stationary Sources, Revised," October 1992,
EPA Publication No. EPA‑4540/R‑92-019, PB93219095,
is adopted by reference in these rules and available electronically at
no cost from www.nepis.epa.gov. The publication is available from the
National Technical Information Service, 5285 Port Royal Road, Springfield,
VA 22161, 703‑605‑0000 or 800‑553-6847, or the
U.S. Environmental Protection Agency, Research Triangle Park, North Carolina,
919-541-7645, for $39.50, the cost when these rules were promulgated. The
publication adopted in this subrule is available for inspection and
distribution at the Lansing office of the department.
(5) The
publication entitled "API Publication 2517, Third Edition,
Evaporative Loss from External Floating Roof Tanks," February 1989, as
amended, is adopted by reference in these rules. The publication is available
from the American Petroleum Institute, 1220 L Street, NW, Washington,
DC, 20005, 855-999-9870, or www.api.org, for $82, the cost when
these rules were promulgated. The publication adopted in this subrule is
available for inspection and distribution at the Lansing office of the
department.
(6)
The publication entitled "Method 1664, Revision A, n-Hexane
Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane
Extractable Material (SGT‑HEM; Non‑Polar Material) by Extraction
and Gravimetry," PB99-121949Revision A, EPA-821-R-98-002,
and Revision B, EPA‑R‑10‑001, are is adopted by
reference in these rules and are available electronically at no cost from www.epa.gov.
The publication is available from the National Technical Information
Service, 5285 Port Royal Road, Springfield, VA 22161, 703-605-0000 or 800‑553-6847,
or the Superintendent of Documents, U.S. Government Publishing Office,
Washington, DC 20402, 202‑512‑1800, for $33, the cost when
these rules were promulgated. The publication is available for inspection and
distribution at the Lansing office of the department; the Library,
U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW,
(3403T), Washington, DC 20460, libraryhq@epa.gov; or the National Archives
and Records Administration, 202‑741‑6030, or
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(7) The publications
entitled "Guidance Manual for the Control of Transboundary Movements of
Recoverable Wastes, Annex B: OECD Consolidated List of Wastes Subject to the
Green Control Procedure and Annex C: OECD Consolidated List of Wastes Subject
to the Amber Control Procedures" (2009) are adopted by reference in
these rules and available electronically at no cost from www.oecd.org.
The publications are available for purchase from the Organisation for Economic
Co-operation and Development, Environment Directorate, 2 rue Andre Pascal,
F‑75775 Paris Cedex 16, France at cost. The
publications are available for inspection and distribution at the Lansing
office of the department.
R 299.11002 NFPA standard; adoption by reference.
Rule 1002. (1) The NFPA standards no. 30 (2015) and 704 (2012) are adopted by reference in these rules.
(2) The standard listed in
subrule (1) of this rule is available from the National Fire Protection
Association, 1 Batterymarch Drive, P.O. Box 9101, Quincy,
Massachusetts 02269-9101, 800‑344‑3555, or www.nfpa.org, for $68
and $46, respectively, the cost at the time these rules were promulgated.
The standard adopted in this rule is available for inspection and distribution
at the Lansing office of the department.
R 299.11003 Adoption by reference of federal regulations.
Rule 1003. (1) The following federal regulations in 40 CFR are adopted by reference in these rules:
(a) 40 CFR 3.10.
(b) 40 CFR part 60, subparts Eb, Ec, AAAA, and CCCC, and appendices A and B.
(c) 40 CFR part 62, subparts FFF, HHH, III, and JJJ.
(cd) 40 CFR
part 63, subparts EEE and LLL.
(de) 40 CFR
part 124.
(ef) 40 CFR
part 144.
(fg)
40 CFR part 145.
(gh)
40 CFR part 146.
(hi) 40 CFR
part 147.
(ij) 40 CFR 260.4,
260.5, 260.20, 260.21, 260.22, 260.31, 260.32, 260.33, 260.34, and 260.42.
(jk) 40 CFR
261.4(h)(4)(i) to (ii), 261.10, 261.11, 261.21(a)(3) and (4),
261.32(a), for K181 listing only, (c), and (d), 261.35(b)(2)(iii),
261.39(a)(5), and 261.41, and subparts I, J, M, AA, BB, and CC.
(kl) 40 CFR
part 261, appendix I, appendix VII, and appendix VIII, and appendix
IX.
(lm) 40 CFR
262.20 to 262.24, 262.27, 262.40(a), (c), and (d), and 262.43, 40 CFR part 262,
subpart H, except 40 CFR 262.80, and 40 CFR part 262, subparts K
and M, except 40 CFR 262.201 and 262.202.
(mn) 40 CFR
part 263, subpart B.
(no) 40 CFR
part 264, subpart B, subpart C, subpart D, subpart F,
subpart G, subpart I, subpart J, subpart K, subpart L,
subpart M, subpart N, subpart O, subpart X, subpart W,
subpart AA, subpart BB, subpart CC, subpart EE, except
40 CFR 264.15(b)(5), 264.94(a)(2) and (3), (b), and (c), 264.100,
264.101, 264.112(d)(1), 264.115, 264.120, 264.221(f), 264.251(f), 264.301(f),
264.340(a) to (d), 264.344(a)(2) and (b), and 264.1200.
(op) 40 CFR 264.1(j)(1)
to (13), 264.71(a), (b), (f), and (h) to (l), 264.72, 264.73, 264.75, 264.94(a)(2),
table 1, 264.141, 264.142, 264.144, 264.147(c), (d), and (f), 264.151(g),
and 264.554, except 40 CFR 264.554(l).
(pq) 40 CFR part 264,
appendix I and appendix IX.
(qr) 40 CFR part 265,
except subparts H, DD, and O, and 40 CFR 265.70, 265.73 to 265.77,
265.112(d)(1), 265.115, and 265.120.
(rs)
40 CFR part 265, appendices I and VI.
(st) 40 CFR
part 266, subpart H, except 40 CFR 266.100(a) and (b), 266.101,
266.102(a), and 266.112(a) and (c).
(tu) 40 CFR 266.203
and 266.205(a), (b), (d), and (e).
(uv) 40 CFR part 266,
appendices I through XIII.
(vw)
40 CFR part 268, including appendices III through XI.
(wx) 40 CFR 270.10(e),
(g), (k), and (l)(1); 270.11; 270.13; 270.14(b) and (d); 270.15; 270.16;
270.17; 270.18; 270.19(c); 270.20; 270.21; 270.22; 270.23; 270.24; 270.25;
270.26; 270.27; 270.30, except 40 CFR 270.30(l)(1) and (8); 270.31; 270.33;
270.41(a), except 40 CFR 270.41(a)(3); 270.62(a) to (d); 270.64; 270.66;
270.70; 270.71; 270.73; and 40 CFR part 270, subpart H,
except 40 CFR 270.80, 270.85, 270.90, 270.155, 270.160, 270.190, and 270.195;
and 40 CFR 270.235(a) and (c).
(xy) 40 CFR part 273,
subpart B, subpart C, subpart D, and subpart E, except 40
CFR 273.10, 273.18(b), 273.30, 273.38(b), 273.50, 273.53, and 273.60.
(yz)
40 CFR 279.22, except 40 CFR 279.22(a); 279.23, 279.24, 279.41 to 279.43,
279.45, except 40 CFR 279.45(b); 279.46, 279.51, 279.52, 279.54, except 40
CFR 279.54(a); 279.55 to 279.58, 279.61, 279.62, 279.64, except 40 CFR 279.64(a);
279.65, 279.66, 279.73, and 279.75.
(zaa) 40 CFR part 280.
(aabb) 40 CFR part 302.
(cc) 40 CFR 403.5(b)(1).
(bbdd) 40 CFR part 761.
(2) Federal hazardous waste
regulations are contained in 40 CFR parts 1 to 49, 40 CFR part 60
(60.500 to 60.5805a and Aappendices), 40 CFR parts 61
and 62, 40 CFR part 63 (Section 63.1200 to 63.1439),
40 CFR parts 100 to 135, 40 CFR parts 136 to
149, 40 CFR parts 260 to 265, 40 CFR parts 266 to
299, 40 CFR parts 400 to 424, and 40 CFR part 700 to 789,
July 1, 201823 editions. These editions are available from
the Superintendent of Documents, U.S. Government Publishing Office,
Washington, DC 20402, 202‑512‑1800, for $66, 63, $56, $51, $67,
$56, $56, and $67, respectively, the costs when these rules were promulgated.
40 CFR parts 261 and 262 were amended in the Federal Register on
August 6, 2018. 40 CFR parts 260, 261, 264, 265, 268, 270, and 273
were amended in the Federal Register on December 9, 2019. Reprints of
these federal registers are available from Solid Waste Information,
U.S. EPA, 26 West St. Clair Street, Cincinnati, Ohio 45268, at
no cost. The sections adopted by reference in this rule are available for
inspection and distribution at the Lansing office of the department.
R 299.11004 Federal regulations in 10 CFR, 29 CFR, 33 CFR, and 49 CFR; adoption by reference.
Rule 1004. (1) The federal regulations in 10 CFR part 20, 10 CFR part 61, and 10 CFR part 71 are adopted by reference in these rules.
(2) The federal regulations in 16 CFR part 1115 are adopted by reference in these rules.
(3) The federal regulations in 21 CFR part 7, subpart C, part 312, and part 1308 are adopted by reference in these rules.
(24)
The federal regulations in 29 CFR 1910.120(q) and 1910.132 to
1910.138 and 29 CFR part 1910, subpart L, are adopted by
reference in these rules.
(35) The
federal regulations in 33 CFR 153.203 are adopted by reference in
these rules.
(46) The
following federal regulations in 49 CFR are adopted by reference in these
rules:
(a) 49 CFR part 107.
(b) 49 CFR part 130.
(c) 49 CFR part 171 to 180.
(d) 49 CFR parts 190 to199.
(e) 49 CFR 390.21.
(57) Federal
nuclear regulatory commission regulations are contained in 10 CFR parts 1
to 50 and 10 CFR parts 51 to 199, January 1, 201823,
editions. Federal commercial practices regulations are contained in
16 CFR parts 1000 to 1750.7, January 1, 2023, edition. Federal
FDA regulations are contained in 21 CFR parts 1 to 99, 21 CFR parts
300 to 499, and 21 CFR parts 1300 to 1499, April 1, 2023,
editions. Federal labor regulations are contained in 29 CFR parts 1900
to 1910, July 1, 201822, edition. Federal navigation
regulations are contained in 33 CFR parts 125 to 199,
July 1, 201822, edition. Federal transportation regulations
are contained in 49 CFR parts 100 to 177, 49 CFR parts 178 to
199, and 49 CFR parts 300 to 399, October 1, 201822,
editions. These editions are available from the Superintendent of Documents,
U.S. Government Publishing Office, Washington, DC 20402
www.bookstore.gpo.gov, for $67, $645, $676, $45,
$35, $29, $64, $70, $760, and $3764
respectively, the costs when these rules were promulgated. The sections
adopted in this rule are available for inspection and distribution at the
Lansing office of the department.
R 299.11005 Test methods for evaluating solid waste; adoption by reference.
Rule 1005. (1) Test
methods in the publication entitled "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods," EPA Publication SW‑846,
Third Edition, November 1986, and its updates I (July 1992), II
(September 1994), IIA (August 1993), IIB (January 1995),
III (December 1996), IIIA (April 1998), IIIB
(November 2004), IVA (February 2007), IVB (February 2007), V (August 2015),
and VI (November 2017 and November 2018), and VII (June 2019 and July
2021) are adopted by reference in these rules.
(2)
The documents listed in subrule (1) of this rule are available at
https://www.epa.gov/hw-sw846, online from the United States EPA, Office
of Solid Waste and Emergency Response, https://www.epa.gov/hazardous-waste-test-methods-sw-846,
at no cost. The documents listed in subrule (1) of this rule are
available for purchase from the National Technical Information Service,
5285 Port Royal Road, Springfield, Virginia 22161 or the Superintendent of
Documents, U.S. Government Publishing Office, Washington, DC 20402, 202‑512‑1800.
The documents adopted in this rule are available for inspection and
distribution at the Lansing office of the department, the Library, United
States EPA, 401 M Street, SW, Washington, DC 20460, and the Office of the
Federal Register, 800 North Capitol Street, NW, Suite 700,
Washington, DC 20002.
R 299.11006 Analytical method for aflatoxins; adoption by reference.
Rule 1006. (1) The analytical method for aflatoxin in the official methods of analysis of the AOAC International, subsection 26, natural poisons, 20th edition, 2016, is adopted by reference in these rules.
(2)
The analytical method listed in subrule (1) of this rule is available from
AOAC International, 2275 Research Boulevard, Suite 300, Rockville, Maryland
20850-3250, at a cost as of the time of adoption of these rules of for
$50 each. The document adopted in this rule is available for
inspection at the Lansing office of the department.
R 299.11007 Standard industrial classification manual; adoption by reference.
Rule
1007. (1) The office of management and budget document entitled
"Standard Industrial Classification Manual" is adopted by reference
in these rules and available electronically at no cost from www.osha.gov/data/sic-manual.
(2)
The document adopted in subrule (1) of this rule is available from the
Superintendent of Documents, Government Printing Office, Washington, DC 20402,
at cost. The document adopted in this rule is available for inspection at the
Lansing office of the department.
R 299.11008 Soil permeability method; adoption by reference.
Rule
1008. (1) The triaxial cell method for determining the permeability of
soil contained in the EPA document entitled "Soil Properties,
Classification, and Hydraulic Conductivity Testing," 1984 edition, is
adopted by reference in these rules and available electronically at no cost
from www.nepis.epa.gov.
(2)
The document listed in subrule (1) of this rule is available from the
United States EPA, Office of Solid Waste, 401 M Street, SW,
Washington, DC 20460, at cost. The document is available for inspection at the
Lansing office of the department.
R 299.11009 Availability of documents for inspection and distribution.
Rule
1009. (1) The standards and publications adopted by reference in
R 299.11001 to R 299.11008 are available for inspection and
distribution at from the Lansing office of the Michigan Department of Environmental
Quality, Great Lakes, and Energy,
Materials Office of Waste Management
and Radiological ProtectionDivision, P.O. Box 30241, Lansing, Michigan
48909-7741. The department will charge the cost of each standard or publication at the time of purchase listed for each standard or publication in
R 299.11001 to R 299.11008 plus $230.00 for
handling plusand shipping.
(2) The standards and publications adopted by reference in R 299.911001 to R 299.11005, R 299.11007, and R 299.11008 are available for inspection at the National Archives and Records Administration, email fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html or the OLEM Docket in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20460. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the EPA/DC Public Reading Room is 202-566-1744, and the telephone number for the OLEM Docket is 202‑566-0270.
(3) The standards or publications adopted by reference in R 299.11001(3), (4), and (6) are available at cost from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, 703-605-0000 or 800‑553-6847.
(4) The standards and publications adopted by reference in R 299.11001(3), (4), and (6); R 299.11003; R 299.11004; and R 299.11007 are available at cost from the Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402, 202‑512‑1800.
(5) The standards and publications adopted by reference in R 299.11001(3), (4), and (6) are available at cost from the U.S. EPA’s National Serve Center for Environmental Publications at https://www.epa.gov/nscep.