```

[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Rules and Regulations]
[Pages 9345-9357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4307]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[Docket No. EPA-R05-RCRA-2009-0762; FRL-9121-2]

Michigan: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is granting Michigan final authorization of the changes to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). EPA published a proposed rule on October 9, 2009, 
at 74 FR 52161 and provided for public comment. The public comment 
period ended on November 16, 2009. We received comments from one 
commenter. No further opportunity for comment will be provided. EPA has 
determined that these changes satisfy all requirements needed to 
qualify for final authorization and authorizing the State's changes 
through this final action. This final rule authorizes Michigan for new 
regulations which they have not been previously authorized for.

DATES: The final authorization will be effective on March 2, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-RCRA-2009-0762. All documents in the docket are listed in 
the http://www.regulations.gov index. Although listed in the index, 
some of the information is not publicly available, e.g., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically at 
http://www.regulations.gov or in hard copy. You may view and copy 
Michigan's application from 9 a.m. to 4 p.m. (local time), at the 
following addresses: U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Blvd., Chicago, Illinois, contact: Judith Greenberg, (312) 
886-4179; or Michigan Department of Natural Resources and Environment, 
Waste and Hazardous Materials Division, Constitution Hall, 4th Floor, 
525 West Allegan Street, Lansing, Michigan (mailing address P.O. Box 
30241, Lansing, Michigan 48909), contact Ronda Blayer, (517) 373-9548.

FOR FURTHER INFORMATION CONTACT: Ms. Judith Greenberg, Michigan 
Regulatory Specialist, RCRA Programs Section (LR-8J), Land and 
Chemicals Division, U.S. Environmental Protection Agency, 77 West 
Jackson Blvd., Chicago, Illinois 60604, (312) 886-4179, or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which have received final authorization from EPA under RCRA 
Section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
change their programs and ask EPA to authorize the changes. Changes to 
State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, States must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273, and 279.

[[Page 9346]]

B. What decisions have we made in this rule?

    We conclude that Michigan's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we are granting Michigan final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Michigan has responsibility 
for permitting Treatment, Storage, and Disposal Facilities (TSDFs) 
within its borders (except in Indian Country) and for carrying out the 
aspects of the RCRA program described in its revised program 
application, subject to the limitations of the Hazardous and Solid 
Waste Amendments of 1984 (HSWA). New Federal requirements and 
prohibitions imposed by Federal regulations that EPA promulgates under 
the authority of HSWA take effect in authorized States before they are 
authorized for the requirements. Thus, EPA will implement those 
requirements and prohibitions in Michigan, including issuing permits, 
until the State is granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Michigan subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. Michigan has enforcement responsibilities under its State 
hazardous waste program for violations of such program, but EPA retains 
its authority under RCRA sections 3007, 3008, 3013, and 7003, which 
includes, among others, authority to:
    1. Do inspections and require monitoring, tests, analyses, or 
reports;
    2. Enforce RCRA requirements and suspend or revoke permits; and
    3. Take enforcement actions regardless of whether the State has 
taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Michigan is being 
authorized by today's action are already effective and are not changed 
by today's action.

D. Proposed Rule

    On October 9, 2009 (74 FR 52161), EPA published a proposed rule. In 
that rule we proposed granting authorization of changes to Michigan's 
hazardous waste program and opened our decision to public comment. The 
agency received comments from one individual who questioned whether EPA 
impermissibly adopted rules promulgated pursuant to non-HSWA authority 
and rules promulgated as ``less stringent than HSWA,'' including the 
RCRA Burden Reduction Initiative (Revision Checklist 213). The 
commenter argued that, through RCRA, Congress has barred EPA and 
authorized States from promulgating regulations that are less stringent 
than HSWA. HSWA changed many aspects of hazardous waste management 
under RCRA. The legislative history of HSWA (98 Cong. Senate Report 
284, HSW Leg. Hist. 30, pages 6-7) explains, in part:

    ``These amendments also recognize that safe disposal, storage 
and treatment opportunities are limited and that the most effective 
way to protect human health and the environment is to minimize the 
opportunities for exposure by reducing or eliminating the generation 
of hazardous waste as expeditiously as possible. Rather than 
creating a rigorous regulatory program, provisions are included to 
encourage generators to voluntarily reduce the quantity and toxicity 
of all wastes. The amendments do not authorize the EPA or any other 
organization or person to intrude into the production process or 
production decisions of individual generators. Taken as a whole, the 
reported bill emphasizes two concepts. First, wherever feasible, the 
generation of hazardous waste is to be reduced or eliminated as 
expeditiously as possible. Second, waste that is nevertheless 
generated should be treated, stored, or disposed of so as to 
minimize the present and future threat to human health and the 
environment.''

    After passage of HSWA, EPA distinguished rules promulgated by EPA 
pursuant to the new HSWA authority from rules promulgated pursuant to 
the authority that pre-dated, but was not supplanted by, HSWA: EPA 
referred to the latter as ``non-HSWA'' rules. The issue of which 
authority, HSWA or non-HSWA, EPA exercises in each EPA rulemaking is 
distinguishable from EPA's determination of whether a new authority is 
``more stringent'' or ``less stringent'' than the regulations that had 
been promulgated earlier and are being revised. EPA explains the 
authority it is using, HSWA or non-HSWA, in each rulemaking. That 
explanation is generally found in the Federal Register notice for each 
proposed and final rule in the discussion of how the regulatory changes 
will be administered and enforced in the State.
    Regulations determined to be ``more stringent'' under HSWA or non-
HSWA authority are regulations which each State must adopt to retain 
authorization for its hazardous waste program. HSWA regulations are not 
all ``more stringent'' than the regulations promulgated under RCRA 
before HSWA. Nor did Congress require all HSWA regulations to be more 
stringent; nothing in the statute, and no language in the legislative 
history, directs EPA to promulgate only ``more stringent'' provisions 
under HSWA authority.
    Since the passage of HSWA, EPA has been highly selective when 
designating which new regulations will apply directly in every State 
immediately upon the effective date of the new regulations. When new 
regulations are promulgated under HSWA authority, those regulations 
characterized by EPA as more stringent apply directly in all States, 
including States with authorized hazardous waste programs, and such 
regulations are implemented and enforced directly and immediately by 
EPA until the State is authorized to implement and enforce those 
regulations. Once those regulations are authorized as a part of the 
State hazardous waste program, they become the Federally enforceable 
requirements in that State.
    The commenter questioned whether it was permissible for EPA to 
allow a State to adopt rules promulgated by EPA as ``less stringent 
than HSWA.'' EPA exercises discretionary authority as provided by 
Congress in section 2002 of RCRA, 42 U.S.C. 6912, to regulate hazardous 
waste to protect human health and the environment and, barring explicit 
language in the statute, nothing in the act or amendments thereto 
prohibits EPA from promulgating new regulations that are ``less 
stringent'' or ``neutral'' relative to regulations that were 
promulgated earlier. If EPA promulgates new regulations to replace 
existing regulations, the newer regulations are, upon their effective 
date, the Federal requirements against which a State program is 
compared when reviewing a revision to an authorized State hazardous 
waste program. The ``less stringent'' requirements are the Federal 
requirements under RCRA in States without authorized hazardous waste 
programs. Those newer regulations which are less stringent than former 
regulations, may be, but are not required to be, adopted by States to 
retain an authorized hazardous waste program.
    Section 3009 of RCRA, 42 U.S.C. 6929, bars a State from imposing 
less stringent requirements than those authorized under Subchapter III 
of RCRA respecting the same matter governed by such regulations. There 
is no bar prohibiting a State from imposing more stringent requirements 
and there is no bar prohibiting a State from adopting Federal 
requirements which are promulgated by EPA as less stringent or neutral 
requirements as compared to

[[Page 9347]]

regulations that were promulgated by EPA earlier. If a State adopts and 
is authorized for those ``less stringent'' Federal regulations, the 
Federally enforceable RCRA requirements in the State are those newly 
authorized requirements.
    Finally, the commenter questioned whether the RCRA Burden Reduction 
initiative impermissibly removed the manifest notification required to 
be sent to each State with the shipment of waste-derived fertilizers 
citing to sections 3002 and 3009 of RCRA, 42 U.S.C. 6922 and 6929. 
Section 3002(a)(5) of RCRA, 42 U.S.C. 6922(a)(5), directs the 
Administrator to promulgate regulations to establish standards 
applicable to generators as may be necessary to protect human health 
and the environment regarding the use of a manifest system and any 
other reasonable means necessary to assure that all hazardous waste 
generated is designated for treatment, storage, or disposal in, and 
arrives at, treatment, storage, or disposal facilities (except where 
waste was generated) for which a permit was issued. Pursuant to section 
3009 of RCRA, 42 U.S.C. 6929 (and as is explained in more detail in the 
RCRA Burden Reduction Initiative Final Rule (71 FR 16862)), no 
regulation adopted under RCRA can be construed to prohibit any State 
from requiring that the State be provided with a copy of each manifest 
used in connection with hazardous waste generated in that State or 
transported to a treatment, storage, or disposal facility within that 
State. The Burden Reduction Initiative (BRI), which became effective as 
an optional rule on May 4, 2006, streamlines EPA's information 
collection requirements to ensure that only information actually needed 
and used to implement the RCRA program is collected while retaining the 
goals of protecting human health and the environment. EPA promulgated 
all of the rules included in Michigan's revisions pursuant to the 
authority granted to EPA by Congress under RCRA. Those rules, including 
the BRI rule, were finalized after full consideration of all comments 
submitted in a timely manner. By adopting the rules promulgated by EPA, 
Michigan revised its hazardous waste program to be equivalent to and 
consistent with the Federal program. Pursuant to 42 U.S.C. 6926(b), EPA 
has the authority to authorize State programs that are equivalent to 
and consistent with the Federal program.
    Changes in manifest requirements made to earlier Federal 
requirements by the BRI generally concern notice under the land 
disposal regulations at 40 CFR part 268. The BRI does not prohibit any 
State from requiring a copy of a manifest. States were not required to 
adopt the BRI and States that do not adopt the BRI can require a copy 
of the manifest. A State is not barred from adopting the BRI by section 
3009 of RCRA.
    EPA believes the Agency has the necessary authority to promulgate 
the rules in the Federal program, including those in this revision to 
Michigan's authorized hazardous waste program. Moreover, EPA believes 
that Michigan has the necessary authority to adopt the rules that are 
included in this revision of the Michigan authorized hazardous waste 
program.

E. What has Michigan previously been authorized for?

    Michigan initially received final authorization on October 16, 
1986, effective October 30, 1986 (51 FR 36804-36805), to implement the 
RCRA hazardous waste management program. We granted authorization for 
changes to Michigan's program on November 24, 1989, effective January 
23, 1990 (54 FR 48608); on January 24, 1991, effective June 24, 1991 
(56 FR 18517); on October 1, 1993, effective November 30, 1993 (58 FR 
51244); on January 13, 1995, effective January 13, 1995 (60 FR 3095); 
on February 8, 1996, effective April 8, 1996 (61 FR 4742); on November 
14, 1997, effective November 14, 1997 (62 FR 61775); on March 2, 1999, 
effective June 1, 1999 (64 FR 10111); on July 31, 2002, effective July 
31, 2002 (67 FR 49617); on March 9, 2006, effective March 9, 2006 (71 
FR 12141), and on January 7, 2008 (73 FR 1077), effective January 7, 
2008.

F. What changes are we authorizing with this action?

    On September 26, 2008, Michigan submitted a complete program 
revision application seeking authorization of its changes in accordance 
with 40 CFR 271.21. We have determined that Michigan's hazardous waste 
management program revision satisfies all requirements necessary to 
qualify for final authorization. Therefore, we are granting Michigan 
final authorization for the following program changes:

----------------------------------------------------------------------------------------------------------------
                                  Revision
    Description of Federal        checklist   Federal Register  date           Analogous State authority
          requirement                \1\             and page
----------------------------------------------------------------------------------------------------------------
Non-wastewaters from Dyes and     206, 206.1  February 24, 2005, 70   R 299.9311, R 299.9413, and R 299.9627,
 Pigments.                                     FR 9138; as amended     effective September 11, 2000.
                                               on June 16, 2005, 70   R 299.9204(2) and (2)(o)-(o)(v)(B), R
                                               FR 35032.               299.9222, and R 299.11003(1)(i), (j), and
                                                                       (u), and (2), effective March 17, 2008.
Uniform Hazardous Waste           207, 207.1  March 6, 2005, 70 FR    R 299.9601(1) and (2)(c) and (e),
 Manifest.                                     10776; as amended on    effective December 16, 2004.
                                               June 16, 2005, 70 FR   R 299.9102(z), R 299.9105(m) and (n); R
                                               35037.                  299.9207(3)(b)(i)-(ii); R 299.9304(1),
                                                                       (1)(a) and (b), and (6); R 299.9305(1),
                                                                       (1)(d) and (d)(i) and (e); R 299.9306(11)
                                                                       and (12); R 299.9307(3); R
                                                                       299.9309(2)(c); R 299.9310(2) and (2)(c)
                                                                       and (3); R 299.9405(2)(f) and (g) and
                                                                       (3)(d) and (f); R 299.9409(1)-(3) and
                                                                       (5); R 299.9608(1), (2), and (5)-(8); R
                                                                       299.9610(2) and (5); and R
                                                                       299.11003(1)(k) and (l) and (n),
                                                                       effective March 17, 2008.
Methods Innovation; SW-846....    208, 208.1  June 14, 2005, 70 FR    R 299.9211(1)(a) and (4), effective
                                               34538; as amended on    February 15, 1989.
                                               August 1, 2005, 70 FR  R 299.9630 and R 299.9631, effective June
                                               44150.                  21, 1994.
                                                                      R 299.9812(4), R 299.9813(4), and R
                                                                       299.9814(5), effective October 15, 1996.
                                ............                          R 299.9212(1)(a), R 299.9230(2) and (3), R
                                                                       299.9311, R 299.9413, R 299.9508(1)(b), R
                                                                       299.9627, and R 299.9637, effective
                                                                       September 11, 2000.
                                ............                          R 299.9601(1), (2)(h) and (3), R
                                                                       299.9619(1) and (8), and R
                                                                       299.9809(2)(b), effective December 16,
                                                                       2004.

[[Page 9348]]

 
                                ............                          R 299.9203(1)(e); R 299.9212(1)(a) and
                                                                       (a)(iv) and (2)(a) and (b); R
                                                                       299.9227(3)(c) and (6); R 299.9504(4)(a)
                                                                       and (b), (15) and (21); R 299.9615; R
                                                                       299.9808(8) and (10); R 299.11001; R
                                                                       299.11002; R 299.11003(1)(h), (i), (j),
                                                                       (m), (p), (r), (t), (u), (v); and R
                                                                       299.11005(1), (2), (4), (5) and (7),
                                                                       effective March 17, 2008.
Mercury Containing Equipment..           209  August 5, 2005, 70 FR   R 299.9109(g), (i), and (j), effective
                                               45508.                  September 11, 2000.
                                ............                          R 299.9101(r); R 299.9228(1)(c)-(f); (2),
                                                                       (2)(h) and (i), (4)(a) and (d), (5)(b),
                                                                       and (11); R 299.9503(1)(j); and R
                                                                       299.11003(1)(w), effective March 17,
                                                                       2008.
Revision of Wastewater                   211  October 4, 2005, 70 FR  R 299.9203(1)(c)(i) and (c)(i)(D) and (E),
 Treatment Exemptions for                      57769.                  (c)(ii) and (c)(ii)(A)-(O), (c)(iv) and
 Hazardous Waste Mixtures--                                            (c)(iv)(A)-(G), (c)(vi), and (c)(vii),
 ``Headworks Exemption''.                                              effective March 17, 2008.
NESHAP: Final Standards for              212  October 12, 2005, 70    R 299.9508(1) and (1)(b), effective
 Hazardous Waste Combusters                    FR 59402.               September 11, 2000.
 (Phase I Final Replacement                                           R 299.9601(2)(i), effective December 16,
 Standards and Phase II).                                              2004.
                                                                      R 299.9504(4), (12), (13), (20) and (21);
                                                                       R 299.9519(5)(k), (l) and (l)(i)-(iv) and
                                                                       (6); R 299.9521(3)(c) and (6); R
                                                                       299.9623(2) and (3); R 299.9624
                                                                       (rescinded); R 299.9625 (rescinded); R
                                                                       299.9626 (rescinded); R 299.9640(1), (2),
                                                                       (4) and (5); R 299.9808(4), (5)(b) and
                                                                       (d), (8) and (10); R 299.11001(1) and
                                                                       (3); and R 299.11003(1)(v), effective
                                                                       March 17, 2008.
Burden Reduction Initiative...           213  April 4, 2006, 71 FR    R 299.9618, effective December 28, 1985.
                                               16862.
                                ............                          R 299.9631 and R 299.9632(1) and (3),
                                                                       effective June 21, 1994.
                                ............                          R 299.9617(1) and (3), effective October
                                                                       15, 1996.
                                ............                          R 299.9311, R 299.9413, R 299.9508(1)(a),
                                                                       (b) and (d) and (5), R 299.9627, and R
                                                                       299.9638(1) and (4), effective September
                                                                       11, 2000.
                                ............                          R 299.9502(7); R 299.9601(2)(b), (d), and
                                                                       (f)-(h), (3) and (9); R 299.9614(1)(a)
                                                                       and (2); R 299.9619(1) and (8); R
                                                                       299.9626(10); and R299.9703(5), effective
                                                                       December 16, 2004.
                                ............                          R 299.9204(1)(u)(v)(A)-(C) and (10)(i); R
                                                                       299.9504(1), (3), (14), (17), (19) and
                                                                       (20); R 299.9519(5)(m); R 299.9605(1) and
                                                                       (4); R 299.9607(1) and (4); R
                                                                       299.9609(1)(a) and (5); R 299.9612(1) and
                                                                       (2); R 299.9613(1), (3)-(5) and (7); R
                                                                       299.9615(1) and (7); R 299.9623(4) and
                                                                       (11); R 299.9629(10); R 299.9710(6) and
                                                                       (16); R 299.9808(8) and (10); and R
                                                                       299.11003(1)(h), (m), (n), (p), (r), (u)
                                                                       and (v), effective March 17, 2008.
Corrections to Errors in the             214  July 14, 2006, 71 FR    Michigan Compiled Laws 324.11148,
 Code of Federal Regulations.                  40254.                  effective September 1, 1998.
                                ............                          R 299.9618, effective December 28, 1985.
                                ............                          R 299.9702 and R 299.9704, effective April
                                                                       20, 1988.
                                ............                          R 299.9628(1) and (4), effective November
                                                                       19, 1991.
                                ............                          R 299.9217, R 299.9630, R 299.9631, and R
                                                                       299.9632(1) and (3), effective June 21,
                                                                       1994.
                                ............                          R 299.9214(2) and (3), R 299.9617(1) and
                                                                       (3), R 299.9812(3), (4) and (7), R
                                                                       299.9813(3), (6) and (7), and R
                                                                       299.9814(4), (5) and (8), effective
                                                                       October 15, 1996.
                                ............                          R 299.9210(2), R 299.9312(1) and (3), R
                                                                       299.9616(1) and (4), and R 299.9634,
                                                                       effective September 22, 1998.
                                ............                          R 299.9206(1)(b)-(d) and(2)-(5), R
                                                                       299.9230(1)(a)(iii), (2) and (3), R
                                                                       299.9311, R 299.9413, R 299.9605(1) and
                                                                       (4), R 299.9627, R 299.9638(1) and (4), R
                                                                       299.9701, R 299.9708(6), R 299.9709, R
                                                                       299.9803(1)(d) and (e), (5) and (6), and
                                                                       R 299.9804, effective September 11, 2000.
                                ............                          R 299.9106(b), (j), (m) and (w), R
                                                                       299.9109(g) and (p), R 299.9202(2), R
                                                                       299.9220, R 299.9601(2)(b), (g) and (h),
                                                                       and (3) and (9), R 299.9614(1)(a) and
                                                                       (2), R 299.9619(1) and (8), R
                                                                       299.9635(12)(d), (d)(ii) and (f), R
                                                                       299.9639(5)(f), R 299.9703(8)(a), R
                                                                       299.9706, R 299.9809(1)(f), (2)(b)(ii)
                                                                       and (3), and R 299.9815(2)(a), effective
                                                                       December 16, 2004.

[[Page 9349]]

 
                                ............                          R 299.9104(p), R 299.9204(1)(x),
                                                                       (2)(f)(ii), (2)(g) and (g)(iii)(A) and
                                                                       (B) and (vi), (2)(k), (3) and (3)(b),
                                                                       (7)(f) and (8)(a), R 299.9212(1)(c),
                                                                       (6)(a) and (9), R 299.9222, R 299.9224, R
                                                                       299.9225, R 299.9228(4)(a), (5)(b) and
                                                                       (11), R 299.9309(1) and (4), R
                                                                       299.9503(1)(c), R 299.9504(1)(e) and (g)
                                                                       and (17), R 299.9519(4) and (9)(a), R
                                                                       299.9605(1) and (4), R 299.9612, R
                                                                       299.9613(1), (4), (5) and (7), R
                                                                       299.9615(1) and (7), R 299.9623(4) and
                                                                       (5), R 299.9705(5) and (6), R
                                                                       299.9710(3)(a) and (e), (6), (10) and
                                                                       (17)(a), R 299.9808(4), (8) and (10), and
                                                                       R 299.11003(1)(h)-(k), (m), (n), (p),
                                                                       (q), (t), (u), (v), (w) and(x), effective
                                                                       March 17, 2008.
Cathode Ray Tubes Rules.......           215  July 28, 2006, 71 FR    R 299.9102(b), (w), (x) and (y), R
                                               42928.                  299.9109(x) and (y), R 299.9204(1)(z)(i)-
                                                                       (iv), R 299.9230, R 299.9231, and R
                                                                       299.11003(1)(i), effective March 17,
                                                                       2008.
----------------------------------------------------------------------------------------------------------------
\1\ Revision Checklists generally reflect changes to Federal regulations pursuant to a particular Federal
  Register notice; EPA publishes these checklists as aids to States to use for development of their
  authorization revision application. See EPA's RCRA State Authorization Web Page at http://www.epa.gov/epawaste/laws-regs/state/index.htm.

                   Equivalent State-Initiated Changes
------------------------------------------------------------------------
                                Effective date(s)
                                    of State-
       State requirement            initiated      Description of change
                                   modification
------------------------------------------------------------------------
MAC R 299.9101(a)               10/15/1996.......  Words ``is able to
 ``Aboveground tank''.                              be'' changed to
                                                    ``and can be.''
MAC R 299.9101(b) ``Act''.....  12/16/2004.......  Words ``Act No. 451
                                                    of the Public Acts
                                                    of 1994, as amended,
                                                    being 324.101 et
                                                    seq. of the Michigan
                                                    Compiled Laws''
                                                    changed to ``1994 PA
                                                    451 Sec.
                                                    324.101.''
MAC R 299.9101(c) ``Act 138''.  12/16/2004.......  Same as above.
MAC R 299.9101(d) ``Act 181''.  12/16/2004.......  Same as above.
MAC R 299.9101(e) ``Act 207''.  12/16/2004.......  Same as above.
MAC R 299.9101(f) ``Act 218''.  12/16/2004.......  Same as above.
MAC R 299.9101(g) ``Act 236''.  12/16/2004.......  Same as above.
MAC R 299.9101(h) ``Act 300''.  12/16/2004.......  Same as above.
MAC R 299.9101(i) ``Act 306''.  12/16/2004.......  Same as above.
MAC R 299.9101(j) ``Act 368''.  12/16/2004.......  Same as above.
MAC R 299.9101(k) ``Act 399''.  12/16/2004.......  Same as above.
MAC R 299.9101(o)               12/16/2004.......  Words ``United States
 ``Administrator''.                                 EPA'' changed to
                                                    ``EPA.''
MAC R 299.9101(x) ``Authorized  6/21/1994,         Word ``of'' changed
 representative''.               renumbered as      to ``who has'' and
                                 (x) effective 3/   word
                                 17/2008.           ``responsibility''
                                                    changed to
                                                    ``responsibilities.'
                                                    '
MAC R 299.9101(x) ``Boiler''..  12/16/2004,        Words ``the
                                 renumbered as      provisions of''
                                 (z) effective 3/   deleted.
                                 17/2008.
MAC R 299.9102(a) ``CERCLA''..  6/21/1994,         Term added; term is
                                 renumbered as      used elsewhere in
                                 (c) effective 3/   the rules.
                                 17/2008.
MAC R 299.9102(e) ``Closed      10/15/1996,        Word ``that'' changed
 portion''.                      renumbered as      to ``the'' and word
                                 (h) effective 3/   ``which'' changed to
                                 17/2008.           ``that.''
MAC R 299.9102(g)               10/15/1996,        Term added; term is
 ``Commingling''.                renumbered as      used in Part 3 of
                                 (j) effective 3/   the rules.
                                 17/2008.
MAC R 299.9102(h)               10/15/1996,        Word ``the''
 ``Component''.                  renumbered as      inserted.
                                 (k) effective 3/
                                 17/2008.
MAC R 299.9102(g) ``Confined    6/21/1994,         Words ``that is,''
 aquifer''.                      renumbered as      ``it is'' and
                                 (l) effective 3/   ``that'' inserted,
                                 17/2008.           word ``of'' changed
                                                    to ``that have a''
                                                    and word
                                                    ``containing''
                                                    changed to
                                                    ``contains.''
MAC R 299.9102(k)               10/15/1996,        Term added; term is
 ``Consolidation''.              renumbered as      used in Part 3 of
                                 (n) effective 3/   rules.
                                 17/2008.
MAC R 299.9102(n)               12/16/2004,        Words ``the
 ``Constituent''.                renumbered as      provisions of''
                                 (o) effective 3/   deleted.
                                 17/2008.
MAC R 299.9102(m)               10/15/1996,        Modified to reflect
 ``Construction permit''.        renumbered as      the recodification
                                 (p) effective 3/   of the former Act 64
                                 17/2008.           into Part 111 of Act
                                                    451.
MAC R 299.9102(m) ``Corrosion   6/21/1994,         Words ``such as''
 expert''.                       renumbered as      deleted and word
                                 (v) effective 3/   ``the'' inserted.
                                 17/2008.
MAC R 299.9103(b) ``Element''.  12/16/2004.......  Word ``constituent''
                                                    deleted.
MAC R 299.9103(c)(i)            12/16/2004.......  Words ``the
 ``Elementary neutralization                        provisions of''
 unit''.                                            deleted.
MAC R 299.9103(e) ``EPA         10/15/1996,        Word ``which''
 acknowledgment of consent''.    renumbered as      inserted.
                                 (g) effective 12/
                                 16/2004.
MAC R 299.9103(g) ``EPA         12/16/2004.......  Term deleted
 identification number''                            (replaced with term
 (deleted).                                         ``Site
                                                    identification
                                                    number'').
MAC R 299.9103(h) ``EPA         12/16/2004.......  Words ``the
 region''.                                          provisions of''
                                                    deleted.
MAC R 299.9103(i) ``Equivalent  12/16/2004.......  Words ``the
 method''.                                          provisions of''
                                                    deleted.
MAC R 299.9103(m) ``Existing    12/16/2004.......  Words ``the
 portion''.                                         provisions of''
                                                    deleted.
MAC R 299.9103(n) ``Existing    12/16/2004.......  Word ``will'' changed
 tank system''.                                     to ``shall.''

[[Page 9350]]

 
MAC R 299.9103(q) ``Federal     6/21/1994,         Public Law citation
 hazardous materials             renumbered as      changed from
 transportation act''.           (x) effective 12/ ``89-670'' to ``93-
                                 16/2004.           633.''
MAC R 299.9103(s) ``Facility    12/16/2004.......  Words ``in accordance
 mailing list''.                                    with the provisions
                                                    of'' changed to
                                                    ``pursuant to.''
MAC R 299.9103(v)               6/21/1994,         Word ``which''
 ``Floodplain''.                 renumbered as      changed to ``that.''
                                 (bb) effective
                                 12/16/2004.
MAC R 299.9103(x)               6/21/1994,         Word ``therein''
 ``Freeboard''.                  renumbered as      changed to ``in the
                                 (ff) effective     tank or surface
                                 12/16/2004.        impoundment dike.''
MAC R 299.9103(y) ``Free        6/21/1994,         Word ``which''
 liquids''.                      renumbered as      changed to ``that''
                                 (gg) effective     and word ``under''
                                 12/16/2004.        changed to ``at.''
MAC R 299.9103(bb) ``Final      12/16/2004.......  Words ``in accordance
 closure''.                                         with the provisions
                                                    of'' changed to
                                                    ``pursuant to'' and
                                                    words ``the
                                                    provisions of''
                                                    deleted.
MAC R 299.9104(f) and (f)(i)-   10/15/1996.......  Word ``is'' changed
 (viii) ``Hazardous waste                           to ``means.''
 management unit''.
MAC R 299.9104(g) ``Hazardous   6/21/1994........  Word ``which''
 waste number''.                                    changed to ``that.''
MAC R 299.9104(m) ``Inactive    6/21/1994........  Word ``which''
 portion''.                                         changed to ``that.''
MAC R 299.9104(o) ``In-ground   6/21/1994,         Word ``specified''
 tank''.                         renumbered as      inserted, word
                                 (t) effective 9/   ``whereby'' changed
                                 11/2000.           to ``and which
                                                    has,'' words ``the
                                                    tank'' changed to
                                                    ``its,'' word ``is''
                                                    deleted, word
                                                    ``that'' changed to
                                                    ``the,'' and word
                                                    ``tank'' changed to
                                                    ``devise.''
MAC R 299.9105(c) ``Landfill    10/15/1996,        Word ``which''
 cell''.                         renumbered as      changed to ``that.''
                                 (d) effective 12/
                                 16/2004.
MAC R 299.9105(q) ``Military    12/16/2004.......  Words ``any of the
 munitions''.                                       following''
                                                    inserted.
MAC R 299.9106(c) ``On-site     10/15/1996.......  Words ``which is''
 treatment facility''.                              and ``and'' inserted
                                                    and word ``those''
                                                    changed to ``the.''
MAC R 299.9106(e) ``Operating   12/16/2004.......  Words ``pursuant to''
 license''.                                         changed to
                                                    ``under.''
MAC R 299.9106(h) ``Partial     12/16/2004.......  Words ``in accordance
 closure''.                                         with'' changed to
                                                    ``pursuant to.''
MAC R 299.9106(r) ``Primary     12/16/2004.......  Words ``in accordance
 exporter''.                                        with'' changed to
                                                    ``pursuant to.''
MAC R 299.9106(u)(ii)           12/16/2004.......  Word ``the'' deleted.
 ``Processing''.
MAC R 299.9107(i) ``Remedial    12/16/2004.......  Words ``the
 action plan''.                                     provisions of''
                                                    deleted.
MAC R 299.9107(q) ``Scrap       12/16/2004.......  Word ``can'' changed
 metal''.                                           to ``may.''
MAC R 299.9107(s) ``Site        12/16/2004.......  New term added to
 identification number''.                           replace removal of
                                                    ``EPA identification
                                                    number.''
MAC R 299.9107(z)               12/16/2004.......  Word ``it'' changed
 ``Speculative accumulation''.                      to ``material,''
                                                    words ``can show''
                                                    changed to ``shows
                                                    that,'' and words
                                                    ``requirements are
                                                    met'' inserted.
MAC R 299.9107(bb) ``Staging    12/16/2004.......  Words ``in accordance
 pile''.                                            with the
                                                    requirements of''
                                                    changed to
                                                    ``pursuant to.''
MAC R 299.9107(dd) ``Sump''...  9/11/2000,         Word ``subsequent''
                                 renumbered as      changed to
                                 (ee) effective     ``later.''
                                 12/16/2004.
MAC R 299.9108(a) ``Tank''....  6/21/1994........  Word ``which''
                                                    changed to ``that''
                                                    and word ``and''
                                                    added.
MAC R 299.9108(c) ``Thermal     6/21/1994,         Word ``which''
 treatment''.                    renumbered as      changed to ``that''
                                 (d) effective 9/   word ``the'' changed
                                 11/2000.           to ``all of the.''
MAC R 299.9108(g) ``Totally     9/11/2000........  Word ``thereof''
 enclosed treatment facility''.                     deleted and words
                                                    ``of a hazardous
                                                    waste'' added.
MAC R 299.9108(k)               6/21/1994,         Word ``which''
 ``Treatment''.                  renumbered as      changed to ``that''
                                 (m) effective 9/   and word ``the''
                                 11/2000.           changed to ``all of
                                                    the.''
MAC R 299.9108(n) ``Trial       6/21/1994,         Word ``under''
 burn''.                         renumbered as      deleted and words
                                 (p) effective 9/   ``pursuant to the''
                                 11/2000.           inserted.
MAC R 299.9108(o) ``Trial       6/21/1994,         Word ``under''
 operation''.                    renumbered as      deleted and words
                                 (q) effective 9/   ``that is'' and
                                 11/2000.           ``pursuant to''
                                                    inserted.
MAC R 299.9109(b)               6/21/1994........  Word ``specified''
 ``Underground tank''.                              inserted, word
                                                    ``the'' changed to
                                                    ``and which has
                                                    its,'' and words
                                                    ``of which is''
                                                    deleted.
MAC R 299.9109(g) ``Uppermost   6/21/1994,         Word ``this'' changed
 aquifer''.                      renumbered as      to ``the.''
                                 (n) effective 9/
                                 11/2000.
MAC R 299.9109(l) ``Vessel''..  6/21/1994,         Words ``includes
                                 renumbered as      every description
                                 (ee) effective 9/  of'' changed to
                                 11/2000.           ``means'' and word
                                                    ``which'' changed to
                                                    ``that.''
MAC R 299.9109(n) ``Waste''...  6/21/1994,         Words ``that is''
                                 renumbered as      added.
                                 (gg) effective 9/
                                 11/2000.
MAC R 299.9109(hh) ``Waste      9/11/2000........  Word ``then''
 management area''.                                 inserted and word
                                                    ``one'' changed to
                                                    ``1.''
MAC R 299.9109(p) and (p)(i)-   6/21/1994,         Word ``which''
 (iii) ``Wastewater treatment    renumbered as      changed to ``that,''
 unit''.                         (ii) and (ii)(i)-  word ``under''
                                 (ii) effective 9/  changed to
                                 11/2000.           ``pursuant to the
                                                    provisions of,'' and
                                                    words ``or `tank
                                                    system' specified''
                                                    inserted.
MAC R 299.9109(q) ``Water       6/21/1994,         Word ``which''
 (bulk shipment)''.              renumbered as      changed to ``that.''
                                 (jj) effective 9/
                                 11/2000.
MAC R 299.9109(r) ``Well''....  6/21/1994,         Words ``which is''
                                 renumbered as      added.
                                 (kk) effective 9/
                                 11/2000.

[[Page 9351]]

 
MAC R 299.9109(kk) ``Wetland''  10/15/1996,        Words ``No. 203 of
                                 renumbered as      the Public acts of
                                 (ll) effective 9/  1979, as amended,
                                 11/2000.           being Sec.   281.701
                                                    et seq. of the
                                                    Michigan Compiled
                                                    Laws'' deleted and
                                                    words ``part 303 of
                                                    the'' inserted, and
                                                    word ``those''
                                                    changed to ``the.''
MAC R 299.9109(t) ``Zone of     6/21/1994,         Word ``that'' deleted
 engineering control''.          renumbered as      and words ``which
                                 (mm) effective 9/  is'' and ``and
                                 11/2000.           which'' inserted.
MAC R 299.9201(1) and (2).....  9/22/1998........  Modified to reflect
                                                    the fact that
                                                    sections 47 and 4 of
                                                    the former Hazardous
                                                    Waste Management
                                                    Act, 1979 PA 64, as
                                                    amended (Act 64)
                                                    have been recodified
                                                    in sections 48 and 3
                                                    of Part 111,
                                                    Hazardous Waste
                                                    Management, of Act
                                                    451, respectively.
MAC R 299.9202(1)(b), (v)(A)    10/15/1996.......  Word ``which''
 and (B); (2) and (2)(e); (3);                      changed to ``that.''
 (4); and (5).
MAC R 299.9202(1)(b)(i), (iv).  10/15/1996.......  Words ``one of the
                                                    materials'' changed
                                                    to ``a material.''
MAC R 299.9202(1)(b)(i)(B) and  9/11/2000........  Word ``products''
 (ii).                                              changed to
                                                    ``product,'' word
                                                    ``are'' changed to
                                                    ``is,'' word
                                                    ``wastes'' changed
                                                    to ``waste,'' words
                                                    ``they are'' changed
                                                    to ``it is,'' and
                                                    word ``their''
                                                    changed to ``its.''
MAC R 299.9202(1)(b)(v).......  10/15/1996.......  Word ``other''
                                                    changed to ``is
                                                    another.''
MAC R 299.9202(1)(b)(v)(A)....  10/15/1996.......  Words ``which are''
                                                    inserted, words
                                                    ``these
                                                    constituents''
                                                    deleted, and word
                                                    ``which'' inserted.
MAC R 299.9202(1)(b)(vi)......  12/16/2004.......  Words ``in accordance
                                                    with'' changed to
                                                    ``pursuant to.''
MAC R 299.9202(6)(a)..........  12/16/2004.......  Reference to R
                                                    299.9107 corrected.
MAC R 299.9202(7).............  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted.
MAC R 299.9203(1) and (1)(b);   12/16/2004.......  Words ``the
 (2) and (2)(b); (4)(b);                            provisions of''
 (5)(a) and (b); and (6).                           deleted.
MAC R 299.9203(4)(c)(iii) and   12/16/2004.......  Word ``one'' changed
 (6)(a).                                            to ``1.''
MAC R 299.9203(4)(c)(iii)(B)..  9/11/2000........  Words ``by the person
                                                    claiming the
                                                    exclusion''
                                                    inserted.
MAC R                           12/16/2004.......  Word ``EPA'' changed
 299.9203(4)(c)(iii)(C)(2).                         to ``site.''
MAC R 299.9203(4)(e)..........  3/17/2008........  Words ``1 or more''
                                                    changed to ``either
                                                    or both.''
MAC R 299.9204(1), (4) and (6)  10/15/1996.......  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451.
MAC R 299.9204(1)(b), (n),      12/16/2004.......  Words ``the
 (u)(iv); (2)(a), (i) and (l);                      provisions of''
 (7) and (7)(c)(ii), (d), and                       deleted.
 (e)(iii)(B); (8); (9);
 (10)(b), (g)(i) and (vii) and
 (j); and (11).
MAC R 299.9204(1)(f) and (g)..  12/16/2004.......  Reference to R
                                                    299.9107 corrected.
MAC R 299.9204(1)(h)(iv)......  6/21/1994........  Word ``constituting''
                                                    changed to ``that
                                                    constitutes.''
MAC R 299.9204(1)(i) and (j)..  10/15/1996.......  Word ``that'' changed
                                                    to ``which'' and
                                                    word ``which''
                                                    inserted.
MAC R 299.9204(1)(k)..........  10/15/1996.......  Word ``if'' inserted,
                                                    words ``provided it
                                                    is shipped''
                                                    deleted, words ``the
                                                    residue'' inserted,
                                                    words ``is
                                                    shipped,'' and word
                                                    ``is'' inserted.
MAC R 299.9204(1)(n)..........  12/16/2004.......  Word ``U.S.'' deleted
                                                    and ``subsequent
                                                    to'' changed to
                                                    ``after.''
MAC R 299.9204(2)(b)..........  10/15/1996.......  Word ``soils''
                                                    changed to ``soil.''
MAC R 299.9204(2)(g)(ix)......  3/17/2008........  Based on a petition
                                                    from the United
                                                    States Postal
                                                    Service (USPS), ink
                                                    generated by the
                                                    USPS in its
                                                    automated facer
                                                    canceled systems was
                                                    added to the list of
                                                    wastes not
                                                    considered hazardous
                                                    wastes for the
                                                    purposes of Part 111
                                                    of Act 451 and its
                                                    rules provided the
                                                    requirements of
                                                    subrule (g) of the
                                                    rule are met.
MAC R 299.9204(2)(h)..........  12/16/2004.......  Words ``of this
                                                    subrule'' deleted.
MAC R 299.9204(2)(h)(ii)......  12/16/2004.......  Word ``will'' changed
                                                    to ``shall.''
MAC R 299.9204(7)(f)..........  3/17/2008........  Revised to be
                                                    consistent with the
                                                    new language in R
                                                    299.9308(1).
MAC R 299.9205(1)(c);           12/16/2004.......  Words ``the
 (2)(b)(i) and (b)(vi)-(x) and                      provisions of''
 (d); (3)(a) and (b);                               deleted.
 (4)(a)(i), (ii), and (v),
 (xi), (b)(i) and (ii);
 (5)(a), (e), and (g)-(i).
MAC R 299.9205(2).............  12/16/2004.......  Words ``(7), (8), and
                                                    (9)'' changed to
                                                    ``(6) and (7)'' and
                                                    words ``the
                                                    provisions of''
                                                    deleted.
MAC R 299.9205(2)(b)(ii) and    10/15/1996.......  Word ``which''
 (iii).                                             changed to ``that,''
                                                    words ``permitted or
                                                    licensed'' changed
                                                    to ``in compliance
                                                    with the applicable
                                                    requirements,''
                                                    words ``pursuant to
                                                    the provisions''
                                                    deleted, and words
                                                    ``act 641, act 245,
                                                    or act 348'' changed
                                                    to ``parts 31, 55
                                                    and 115 of the
                                                    act.''
MAC R 299.9205(2)(b)(xi)......  12/16/2004.......  Words ``in accordance
                                                    with the provisions
                                                    of'' changed to
                                                    ``pursuant to'' and
                                                    ``the provisions
                                                    of'' deleted.
MAC R 299.9205(4)(a)(ix)(C)(2)  12/16/2004.......  Word ``EPA'' changed
                                                    to ``site.''

[[Page 9352]]

 
MAC R 299.9205(4)(a)(xii) and   12/16/2004.......  Words ``Except as
 (4)(b)(iv).                                        otherwise noted in
                                                    this paragraph''
                                                    inserted, words ``in
                                                    accordance with the
                                                    provisions of''
                                                    changed to
                                                    ``pursuant to'' and
                                                    new sentence
                                                    allowing municipal
                                                    household waste
                                                    collection programs
                                                    to accumulate
                                                    conditionally exempt
                                                    small quantity
                                                    generator waste on-
                                                    site for not more
                                                    than 1 year.
MAC R 299.9205(4)(a)(xiii)....  12/16/2004.......  Words ``in accordance
                                                    with the provisions
                                                    of'' changed to
                                                    ``pursuant to.''
MAC R 299.9205(4)(a)(xiv).....  12/16/2004.......  Word ``one'' changed
                                                    to ``1.''
MAC R 299.9205(4)(b)(iv)......  12/16/2004.......  Word ``in accordance
                                                    with the provisions
                                                    of'' changed to
                                                    ``pursuant to,''
                                                    words ``except for a
                                                    municipal household
                                                    waste collection
                                                    program'' inserted,
                                                    and word ``in''
                                                    inserted.
MAC R 299.9212(1)(d) and        12/16/2004.......  Words ``the
 (6)(a).                                            provisions of''
                                                    deleted.
MAC R 299.9212(3)(h)..........  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted and word
                                                    ``are'' changed to
                                                    ``is.''
MAC R 299.9212(7).............  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted and word
                                                    ``will'' changed to
                                                    ``shall.''
MAC R 299.9227(4).............  3/17/2008........  Word ``all'' changed
                                                    to ``both.''
MAC R 299.9227(5)(l)..........  3/17/2008........  Word ``MAC'' deleted.
MAC R 299.9228(1) and (1)(a);   12/16/2004.......  Words ``in accordance
 (2)(a), (d), (e), (f)(i)(A)                        with'' deleted,
 and (B), (g); (3);                                 words ``pursuant
 (4)(c)(iii)(B); and (5)(d)                         to'' inserted, word
 and (e); (8); and (9).                             ``then'' inserted,
                                                    word ``subrule''
                                                    inserted, words
                                                    ``shall be complied
                                                    with'' deleted, and
                                                    words ``the
                                                    requirements of''
                                                    deleted.
MAC R 299.9303(1)-(4).........  12/16/2004.......  Word ``EPA'' deleted
                                                    and word ``site''
                                                    inserted, words ``in
                                                    accordance with the
                                                    provisions of''
                                                    changed to
                                                    ``pursuant to'' and
                                                    word ``to''
                                                    inserted.
MAC R 299.9306(1) and (5).....  12/16/2004.......  Words ``(4), (5), and
                                                    (6)'' changed to
                                                    ``(4), (5), (6),
                                                    (7), (8), (9), and
                                                    (10)'' and words ``a
                                                    construction permit
                                                    or' inserted.
MAC R 299.9306(1)(a), (a)(ii)-  12/16/2004.......  Words ``in accordance
 (iii), (d) and (f).                                with'' changed to
                                                    ``pursuant to.''
MAC R 299.9306(1)(a)(i).......  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted and language
                                                    added regarding
                                                    alternatives to the
                                                    50-foot setback
                                                    requirement for
                                                    certain container
                                                    storage in
                                                    situations where the
                                                    generator is unable
                                                    to comply with this
                                                    provision or the
                                                    appropriate
                                                    authority determines
                                                    that an alternative
                                                    arrangement would be
                                                    more protective of
                                                    human health and the
                                                    environment.
MAC R 299.9306(1)(d)(ii) and    12/16/2004.......  Word ``EPA'' changed
 (4)(i)(iii)(B).                                    to ``site.''
MAC R 299.9306(2).............  12/16/2004.......  Words ``construction
                                                    permit or an
                                                    operating''
                                                    inserted, and word
                                                    ``the provisions
                                                    of'' deleted.
MAC R 299.9306(4).............  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted and words
                                                    ``a construction
                                                    permit or''
                                                    inserted.
MAC R 299.9306(4)(b)(i)-(iii)   12/16/2004.......  Words ``the
 and (4)(k).                                        provisions of''
                                                    deleted.
MAC R 299.9306(4)(e)..........  12/16/2004.......  Words ``the
                                                    provisions of'' and
                                                    ``the requirements
                                                    of'' deleted.
MAC R 299.9306(5).............  12/16/2004.......  Words ``a
                                                    construction permit
                                                    or'' inserted, words
                                                    ``the provisions
                                                    of'' deleted, and
                                                    words ``the
                                                    requirements of''
                                                    deleted.
MAC R 299.9306(7)(g)..........  3/17/2008........  Word ``with''
                                                    deleted.
MAC R 299.9307(1).............  12/16/2004.......  Words ``in accordance
                                                    with'' changed to
                                                    ``pursuant to.''
MAC R 299.9307(4).............  3/17/2008........  Words ``the data
                                                    submitted under R
                                                    299.9308(1)''
                                                    inserted and words
                                                    ``each biennial
                                                    report'' deleted.
MAC R 299.9307(5).............  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted.
MAC R 299.9307(7).............  12/16/2004.......  Words ``subrules (2)
                                                    and (4)'' changed to
                                                    ``subrule (4).''
MAC R 299.9308(1) and (2).....  3/17/2008........  Wording modified to
                                                    reflect how
                                                    information
                                                    typically required
                                                    in a biennial report
                                                    is actually
                                                    collected in
                                                    Michigan.
MAC R 299.9309(2)(a) and (b)..  12/16/2004.......  Word ``EPA'' changed
                                                    to ``site.''
MAC R 299.9309(2)(g)(i) and     12/16/2004.......  Words ``in accordance
 (ii) and (2)(i).                                   with the provisions
                                                    of'' changed to
                                                    ``pursuant to.''
MAC R 299.9310(1).............  12/16/2004.......  Words ``the
                                                    requirements of''
                                                    deleted.
MAC R 299.9310(2)(a)..........  12/16/2004.......  Word ``EPA'' changed
                                                    to ``site.''
MAC R 299.9401(1) and (5)       12/16/2004.......  Words ``the
 (renumbered from (6) to (5)).                      provisions of''
                                                    deleted.
MAC R 299.9401(4).............  12/16/2004.......  Words ``the
                                                    requirements of''
                                                    deleted.
MAC R 299.9401(6) (renumbered   12/16/2004.......  Words ``in accordance
 from (7) to (6).                                   with'' changed to
                                                    ``pursuant to.''
MAC R 299.9402................  12/16/2004.......  Words ``an EPA''
                                                    changed to ``site''
                                                    and words ``from the
                                                    administrator''
                                                    deleted.
MAC R 299.9404(2)(b)(i).......  3/17/2008........  Word ``EPA'' changed
                                                    to ``site.''

[[Page 9353]]

 
MAC R 299.9405................  10/15/1996.......  Entire rule modified
                                                    to provide more
                                                    consistency with the
                                                    regulations codified
                                                    in 49 CFR.
MAC R 299.9405(3)(b)(i).......  3/17/2008........  Word ``EPA'' changed
                                                    to ``site.''
MAC R 299.9410(1)(f)..........  9/11/2000........  Word ``whether''
                                                    changed to ``if.''
MAC R 299.9410(2).............  12/16/2004.......  Word ``EPA'' changed
                                                    to ``site.''
MAC R 299.9410(3)(a)-(c)......  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted.
MAC R 299.9501(3) and (4).....  10/15/1996.......  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451.
MAC R 299.9502(1) and (1)(b);   12/16/2004.......  Words ``the
 (2) and (2)(a), (b)(i) and                         provisions of''
 (i)(C), (E) and (ii); (3)(a);                      deleted.
 (5); (6); (8); (9); (10); and
 (13).
MAC R 299.9502(2)(b)(i)(A),     12/16/2004.......  Words ``in accordance
 (B) and (E).                                       with the provisions
                                                    of'' changed to
                                                    ``pursuant to.''
MAC R 299.9502(3).............  12/16/2004.......  Word ``the'' deleted.
MAC R 299.9502(10)............  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted and words
                                                    ``in accordance
                                                    with'' changed to
                                                    ``pursuant to.''
MAC R 299.9502(11)(c).........  12/16/2004.......  Word ``regulations''
                                                    changed to
                                                    ``regulation.''
MAC R 299.9503(1), (2), (3),    10/15/1996.......  Modified to reflect
 and (4).                                           the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451.
MAC R 299.9503(1)(a)..........  10/15/1996.......  Words ``parts 31, 55,
                                                    and 115 of the'' and
                                                    words ``641, act
                                                    348, or act 245''
                                                    deleted.
MAC R 299.9503(1)(f)..........  10/15/1996.......  Words ``as
                                                    applicable''
                                                    inserted and words
                                                    ``both of'' deleted.
MAC R 299.9503(1)(i)(x).......  3/17/2008........  Reference to R
                                                    299.9603(1)(b) to
                                                    (f) corrected.
MAC R 299.9503(4)(c)..........  10/15/1996.......  Words ``part 31, 111,
                                                    or 201 of the''
                                                    inserted and words
                                                    ``307, act 64, act
                                                    245'' deleted.
MAC R 299.9504(1)(b)-(c), (2),  12/16/2004.......  Word ``by'' changed
 and (16).                                          to ``pursuant to.''
MAC R 299.9504(1)(d), (2),      12/16/2004.......  Words ``by the
 (3), and (14).                                     provisions of''
                                                    changed to
                                                    ``pursuant to.''
MAC R 299.9504(1)(f), (18),     12/16/2004.......  Words ``the
 and (19).                                          requirements of''
                                                    deleted.
MAC R 299.9504(1)(h)..........  3/17/2008........  Provision added so
                                                    that the agency can
                                                    see how public
                                                    comments were
                                                    addressed and how
                                                    applications were
                                                    revised earlier in
                                                    the construction
                                                    permit application
                                                    process.
MAC R 299.9504(4)(b) and        12/16/2004.......  Words ``the
 (11)(b).                                           provisions of''
                                                    deleted.
MAC R 299.9504(4)(b)(ii)......  12/16/2004.......  Word ``R 299.9623''
                                                    changed to ``40
                                                    C.F.R. Sec.
                                                    264.343.''
MAC R 299.9504(5)(a)..........  10/15/1996.......  Word ``all'' changed
                                                    to ``any.''
MAC R 299.9504(5)(a)(v) and     10/15/1996.......  Subrule (b) deleted
 (b).                                               and new subrule
                                                    (5)(a)(v) added to
                                                    provide
                                                    clarification
                                                    regarding the
                                                    prohibition of
                                                    dilution as a form
                                                    of treatment for any
                                                    hazardous wastes
                                                    rather than just
                                                    toxicity
                                                    characteristic
                                                    wastes.
MAC R 299.9504(5)(c)-(f)......  12/16/2004.......  Word ``whether''
                                                    changed to ``if.''
MAC R 299.9504(6)(a), (7)(a),   12/16/2004.......  Words ``in the
 (8)(a), (9) and (10).                              provisions of''
                                                    changed to
                                                    ``pursuant to.''
MAC R 299.9504(8)(c)..........  12/16/2004.......  Words ``in accordance
                                                    with the provisions
                                                    of'' changed to
                                                    ``pursuant to.''
MAC R 299.9506(2).............  6/21/1994........  Word ``under''
                                                    changed to
                                                    ``pursuant to the
                                                    provisions of.''
MAC R 299.9506(2)(a)..........  6/21/1994........  Word ``such'' changed
                                                    to ``the,'' words
                                                    ``that are''
                                                    inserted, words
                                                    ``all of'' inserted,
                                                    and word ``this''
                                                    changed to ``the.''
MAC R 299.9506(2)(a)(i), (ii),  9/11/2000........  Word ``one'' changed
 (iii)(B), (c), (d) and (f);                        to ``1,'' word
 and (6)(a), (b), and                               ``two'' changed to
 (b)(i)(D).                                         ``2,'' word
                                                    ``three'' changed to
                                                    ``3,'' word ``five''
                                                    changed to ``5,''
                                                    word ``ten'' changed
                                                    to ``10,'' word
                                                    ``when'' changed to
                                                    ``if,'' word
                                                    ``method'' changed
                                                    to ``methods,''
                                                    words ``subsequent
                                                    to'' changed to
                                                    ``following.''
MAC R 299.9506(2)(a)(ii)(C)     6/21/1994........  Word ``under''
 and (6)(a)(iii).                                   changed to
                                                    ``pursuant to.''
MAC R 299.9506(4)(d)..........  9/22/1998........  Modified to reflect
                                                    the fact that the
                                                    former Environmental
                                                    Response Act, 1982
                                                    PA 307 (Act 307),
                                                    has been recodified
                                                    in Part 201,
                                                    Environmental
                                                    Response, of Act
                                                    451.
MAC R 299.9506(6).............  6/21/1994........  Words ``that is''
                                                    inserted.
MAC R 299.9506(6)(f)..........  6/21/1994........  Word ``such'' changed
                                                    to ``the,'' words
                                                    ``include
                                                    consideration of''
                                                    changed to
                                                    ``consider'' and
                                                    word ``factors''
                                                    inserted.
MAC R 299.9506(8).............  9/11/2000........  Word ``264.100''
                                                    deleted.
MAC R 299.9508(1)(c), (g) and   10/15/1996.......  Words ``part 111 of''
 (i).                                               inserted, and words
                                                    ``section
                                                    22(3)''changed to
                                                    ``section 23(3).''
MAC R 299.9509(1) and (2).....  9/22/1998........  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451.
MAC R 299.9510(1).............  9/22/1998........  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451.

[[Page 9354]]

 
MAC R 299.9513(1) and (3)(b)..  9/22/1998........  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451.
MAC R 299.9514(2).............  12/16/2004.......  Word ``when'' changed
                                                    to ``if.''
MAC R 299.9514(2)(b)..........  12/16/2004.......  Word ``might''
                                                    changed to ``may.''
MAC R 299.9514(2)(c)..........  12/16/2004.......  Word ``by'' changed
                                                    to ``pursuant to.''
MAC R 299.9514(4).............  9/22/1998........  Modified to correct
                                                    references to the
                                                    provisions of R
                                                    299.9511 which have
                                                    also been modified.
MAC R 299.9516(8).............  10/15/1996.......  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451.
MAC R 299.9517(1) and (2)(b)..  9/22/1998........  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451
MAC R 299.9518(1) and (2)(a)    9/22/1998........  Modified to reflect
 and (b).                                           the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451 and subrule
                                                    (2)(a) has been
                                                    modified to reflect
                                                    the fact that
                                                    section 22 of the
                                                    former Act 64 has
                                                    been recodified in
                                                    section 23 of Part
                                                    111 of Act 451.
MAC R 299.9519(1); (3)(a);      12/16/2004.......  Words ``in accordance
 (5); (6)(a)(v) and (b);                            with the provisions
 (9)(c); (10)(d); (12); and                         of'' changed to
 (13).                                              ``pursuant to.''
MAC R 299.9519(2).............  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted and words
                                                    ``in accordance with
                                                    the provisions of''
                                                    changed to
                                                    ``pursuant to.''
MAC R 299.9519(3)(c) and (d)..  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted.
MAC R 299.9519(3)(e)..........  3/17/2008........  Word ``R 299.9521''
                                                    changed to
                                                   ``R 299.9522.''
MAC R 299.9519(11)(a).........  10/15/1996.......  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451.
MAC R 299.9520(4).............  9/22/1998........  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451 and the fact
                                                    that section 48 of
                                                    the former Act 64
                                                    has been recodified
                                                    in section 51 of
                                                    Part 111 of Act 451.
MAC R 299.9521(3) and (3)(a)..  10/15/1996.......  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451.
MAC R 299.9522(1)-(3).........  9/22/1998........  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451.
MAC R 299.9601(2); (4); and     12/16/2004.......  Words ``the
 (5).                                               provisions of''
                                                    deleted.
MAC R 299.9601(2)(p)..........  12/16/2004.......  Provision added
                                                    requiring interim
                                                    status facilities to
                                                    comply with R
                                                    299.9639 for
                                                    disposal of
                                                    corrective action
                                                    management unit-
                                                    eligible waste in
                                                    hazardous waste
                                                    landfills.
MAC R 299.9601(3)(b)..........  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    changed to
                                                    ``pursuant to.''
MAC R 299.9601(7).............  10/15/1996,        Word ``47'' changed
                                 renumbered as      to ``48'' and words
                                 (8) effective 9/   ``part 111 of''
                                 11/2000.           inserted.
MAC R 299.9602(1)(a) and (c)    9/22/1998........  Modified to reflect
 and (2).                                           the fact that the
                                                    former Water
                                                    Resources Commission
                                                    Act, 1929 PA 245
                                                    (Act 245), has been
                                                    recodified in Part
                                                    31, Water Resources
                                                    Protection, of Act
                                                    451.
MAC R 299.9602(1)(b)..........  9/22/1998........  Modified to reflect
                                                    the fact that the
                                                    former Air Pollution
                                                    Control Act, 1956 PA
                                                    345 (Act 348), has
                                                    been recodified in
                                                    Part 55, Air
                                                    Pollution Control,
                                                    of Act 451.
MAC R 299.9603(1)(b)..........  9/22/1998........  Modified to reflect
                                                    the fact that the
                                                    former Act 245 has
                                                    been recodified in
                                                    Part 31 of Act 451.
MAC R 299.9603(1)(c)..........  9/22/1998........  Modified to reflect
                                                    the fact that the
                                                    former Shorelands
                                                    Protection and
                                                    Management Act, 1970
                                                    PA 245, has been
                                                    recodified in Part
                                                    323, Shorelands
                                                    Protection and
                                                    Management, of Act
                                                    451.
MAC R 299.9603(2).............  9/22/1998........  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451.
MAC R 299.9603(3)(c)..........  9/22/1998........  Modified to reflect
                                                    the fact that the
                                                    former Act 348 has
                                                    been recodified in
                                                    Part 55 of Act 451.
MAC R 299.9604(2).............  9/22/1998........  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    of Part 111 of Act
                                                    451.
MAC R 299.9607(2)(b)..........  12/16/2004.......  Word ``EPA'' changed
                                                    to ``site.''
MAC R 299.9607(3).............  12/16/2004.......  Words ``the
                                                    requirements of''
                                                    deleted.
MAC R 299.9608(6).............  12/16/2004,        Words ``the
                                 renumbered as      provisions of''
                                 (4) effective 3/   deleted.
                                 17/2008.
MAC R 299.9609(1).............  3/17/2008........  Words ``or in an
                                                    alternate location
                                                    approved by the
                                                    director or the
                                                    director's
                                                    designee'' inserted.
MAC R 299.9610(1).............  3/17/2008........  Revised to reflect
                                                    how information
                                                    typically required
                                                    in a biennial report
                                                    is actually
                                                    collected in
                                                    Michigan.
MAC R 299.9610(2)(a) and (c)..  12/16/2004.......  Word ``EPA'' changed
                                                    to ``site.''

[[Page 9355]]

 
MAC R 299.9610(4).............  12/16/2004.......  Words ``in accordance
                                                    with the provisions
                                                    of'' changed to
                                                    ``pursuant to.''
MAC R 299.9611(1).............  6/21/1994........  Words ``that is''
                                                    inserted.
MAC R 299.9611(3)(a) and        6/21/1994........  Modified to clarify
 (a)(i)-(iii).                                      provisions for
                                                    groundwater
                                                    monitoring waivers
                                                    to allow owners or
                                                    operators the
                                                    ability to monitor
                                                    an entire TSDF for
                                                    environmental
                                                    effects, thereby
                                                    allowing the
                                                    integration of site-
                                                    wide corrective
                                                    action remediation
                                                    programs into
                                                    hazardous waste
                                                    management unit
                                                    monitoring programs
                                                    at a more economical
                                                    cost.
MAC R 299.9611(3)(a)(iii) and   10/15/1996.......  Modified to reflect
 (5).                                               the recodification
                                                    of the former Act 64
                                                    into Part 111 of Act
                                                    451.
MAC R 299.9611(3)(b)..........  6/21/1994........  Word ``under''
                                                    changed to
                                                    ``pursuant'' and
                                                    word ``this''
                                                    changed to ``the.''
MAC R 299.9612(1)(c)..........  9/11/2000........  Word ``one'' changed
                                                    to ``1'' and word
                                                    ``then'' inserted.
MAC R 299.9612(1)(c)(i).......  6/21/1994........  Word ``this'' changed
                                                    to ``the.''
MAC R 299.9612(1)(c)(iii).....  9/11/2000........  Words ``whether or
                                                    not'' changed to
                                                    ``if.''
MAC R 299.9612(1)(d) and (f)..  9/22/1998........  Modified to reflect
                                                    the fact that the
                                                    former Act 245 and
                                                    Act 307 have been
                                                    recodified in Parts
                                                    31 and 201 of Act
                                                    451, respectively.
MAC R 299.9612(1)(e)..........  9/11/2000........  Word ``whether''
                                                    changed to ``if.''
MAC R 299.9612(1)(g)..........  9/22/1998........  Modified to reflect
                                                    the recodification
                                                    of the former Act 64
                                                    in Part 111 of Act
                                                    451 and the fact
                                                    that sections 47 and
                                                    48 of the former Act
                                                    64 have been
                                                    recodified in
                                                    sections 48 and 51
                                                    of Part 111 of Act
                                                    451, respectively.
MAC R 299.9613(2).............  3/17/2008........  Word ``more'' changed
                                                    to ``less.''
MAC R 299.9619(3), (6)(a)(iv)   12/16/2004.......  Words ``in accordance
 and (c), and (7).                                  with the provisions
                                                    of'' changed to
                                                    ``pursuant to'' and
                                                    words ``the
                                                    provisions of''
                                                    deleted.
MAC R 299.9619(5), (5)(a) and   9/11/2000........  Subrule added in
 (b).                                               order to provide for
                                                    alternative leachate
                                                    collection and
                                                    removal system
                                                    design and operating
                                                    practices if certain
                                                    conditions are met.
MAC R 299.9619(6)(a)(iii).....  9/11/2000........  Revised to clarify
                                                    that in order to
                                                    provide a minimum
                                                    base for root
                                                    penetration, the top
                                                    component of the
                                                    additional material
                                                    shall consist of not
                                                    less than 15
                                                    centimeters of
                                                    topsoil. Thus, the
                                                    total thickness of
                                                    the protective layer
                                                    shall not be less
                                                    than 60 centimeters,
                                                    depending upon the
                                                    implications of the
                                                    maximum depth of
                                                    frost penetration.
MAC R 299.9621(1)(c)(vi)......  10/15/1996.......  Modified to provide a
                                                    more accurate test
                                                    method by which
                                                    owners and operators
                                                    will be required to
                                                    determine the
                                                    permeability of the
                                                    clay base of the
                                                    land-based unit.
MAC R 299.9629(1), (3)(a) and   12/16/2004.......  Words ``in accordance
 (b), (6), (8)(a)-(c), (9),                         with'' changed to
 and (11).                                          ``pursuant to.''
MAC R 299.9629(1)(a) and (b),   12/16/2004.......  Words ``the
 (3), (3)(a)(i)-(v), and                            provisions of''
 (b)(i)-(iii).                                      deleted.
MAC R 299.9703(2)-(4) and (6).  9/11/2000........  Word ``one'' changed
                                                    to ``1'' and ``ten''
                                                    changed to ``10.''
MAC R 299.9703(9).............  12/16/2004.......  Words ``265.90(f),
                                                    and 265.110(d)''
                                                    inserted and word
                                                    ``and'' deleted.
MAC R 299.9705(1) and (1)(a)    3/17/2008........  Amended to clarify
 and (b).                                           requirements
                                                    regarding surety
                                                    bonds used to
                                                    demonstrate
                                                    financial assurance
                                                    for closure and
                                                    postclosure.
MAC R 299.9708(5), (9),         9/11/2000........  Words ``party or
 (9)(c), (10), (10)(a)-(b),                         parties'' changed to
 and (11).                                          ``person or
                                                    persons.''
MAC R 299.9710(4), (5), and     9/11/2000........  Word ``one'' changed
 (9)(b)(i).                                         to ``1.''
MAC R 299.9710(9)(b)(i).......  9/11/2000........  Words ``and/or''
                                                    changed to ``or''
                                                    and words ``or
                                                    both'' inserted.
MAC R 299.9710(9)(e)..........  9/11/2000........  Words ``in the case
                                                    of corporations that
                                                    are'' changed to ``a
                                                    corporation is'' and
                                                    word ``then''
                                                    inserted.
MAC R 299.9710(14)............  9/11/2000........  Word ``R
                                                    299.9613(2)''
                                                    changed to ``R
                                                    299.9613(3).''
MAC R 299.9712(1).............  9/22/1998........  Modified to reflect
                                                    the recodification
                                                    of the former Act 46
                                                    in Part 111 of Act
                                                    451.
MAC R 299.9801(1)(b) and (7)..  6/21/1994........  Word ``combination''
                                                    changed to
                                                    ``combining.''
MAC R 299.9801(8).............  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted.
MAC R 299.9802 (entire rule     10/15/1996.......  Rule rescinded
 rescinded).                                        because hazardous
                                                    waste being burned
                                                    for energy recovery
                                                    is now subject to
                                                    regulation under R
                                                    299.9808.
MAC R 299.9803(6)(a)..........  9/11/2000........  Words ``whether or
                                                    not'' changed to
                                                    ``if.''

[[Page 9356]]

 
MAC R 299.9803(6)(b)..........  9/11/2000........  Word ``then''
                                                    inserted and word
                                                    ``six'' changed to
                                                    ``6'' and last two
                                                    sentences corrected
                                                    to insert missing
                                                    wording.
MAC R 299.9808(1).............  9/11/2000........  Words ``and (3)''
                                                    changed to ``to
                                                    (4).''
MAC R 299.9808(2) and (3)(c)..  12/16/2004.......  Words ``regulation
                                                    under'' deleted.
MAC R 299.9808(2)(a)..........  12/16/2004.......  Words ``under the
                                                    provisions of''
                                                    changed to
                                                    ``pursuant to.''
MAC R 299.9808(2)(c)..........  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted and words
                                                    ``under the
                                                    provisions of''
                                                    changed to
                                                    ``pursuant to.''
MAC R 299.9808(3)(c)..........  12/16/2004.......  Words ``the
                                                    provisions of''
                                                    deleted.
MAC R 299.9808(5).............  12/16/2004,        Words ``the
                                 renumbered as      requirements of''
                                 (6) effective 3/   deleted.
                                 17/2008.
MAC R 299.9808(8), (8)(a)(ii)   12/16/2004,        Words ``the
 and (8)(c).                     renumbered as      provisions of''
                                 (9), (9)(a)(ii)    deleted.
                                 and (9)(c),
                                 effective 3/17/
                                 2008.
MAC R 299.9809(1)(a)..........  12/16/2004.......  Words ``except a
                                                    mixture of used oil
                                                    and halogenated
                                                    hazardous waste
                                                    listed under R
                                                    299.9213 or R
                                                    299.9214'' inserted.
MAC R 299.9809(2)(c)..........  12/16/2004.......  Word ``are'' deleted.
MAC R 299.9809(2)(n)..........  9/11/2000........  Word ``then''
                                                    inserted.
MAC R 299.9809(2)(o)..........  9/11/2000........  Word ``when''
                                                    inserted.
MAC R 299.9815(3)(a)(i) and     12/16/2004.......  Word ``EPA'' changed
 (e)(i) and (ii).                                   to ``site.''
MAC R 299.9819................  12/16/2004.......  Words ``the
                                                    requirements of''
                                                    deleted and word ``R
                                                    299.9401(7)''
                                                    changed to ``R
                                                    299.9401(6).''
MAC R 299.11003(1)(b).........  9/11/2000........  Adoption by reference
                                                    of 40 CFR Part 63,
                                                    subparts EEE and LLL
                                                    added.
MAC R 299.11004(5)............  3/17/2008........  Updated address where
                                                    to obtain a
                                                    document.
MAC R 299.11007(2)............  12/16/2004.......  Updated address where
                                                    to obtain a
                                                    document.
MAC R 299.11008(2)............  12/16/2004.......  Updated address where
                                                    to obtain a
                                                    document.
------------------------------------------------------------------------

G. Where are the revised State rules different from the Federal rules?

    The most significant differences between the State rules we are 
authorizing and the analogous Federal rules are summarized below. It 
should be noted that this summary does not describe every difference or 
every detail regarding the differences that are described. Members of 
the regulated community are advised to read the complete rules to 
ensure that they understand the requirements with which they will need 
to comply.
    There are aspects of the Michigan program which are more stringent 
than the Federal program. All of these more stringent requirements are 
or will become part of the Federally enforceable RCRA program when 
authorized by the EPA and must be complied with in addition to the 
State requirements which track the minimum Federal requirements. These 
more stringent requirements are found at (references are to the 
Michigan Administrative Code):
    Michigan does not allow containment buildings, making the State 
requirements more stringent than the Federal requirements at 40 CFR 
part 264 subpart DD, 40 CFR 265 subpart DD, and 40 CFR part 264 
appendix I, Tables 1 and 2.
    Michigan's regulations at R 299.9601(1), (2)(b), (2)(c), (2)(h), 
(2)(i), and (3); R 299.9608(1), (6) and (8); R 299.9615; and R 
299.9702(1) are more stringent than the Federal analogs at 40 CFR 
Sections 265.56(b), 265.71, 265.72, 265.142(a), 265.174, 265.190(a), 
265.193, 265.194, 265.197, 265.201, and 265.340(b)(1) since the State 
requires compliance with standards equivalent to 40 CFR part 264 rather 
then 40 CFR part 265.
    Michigan's regulations at R 299.11002(1) and (2) are more stringent 
than the Federal analogs at 40 CFR Section 260.11(d) and (d)(1) since 
the State adopts updated versions of the ``Flammable and Combustible 
Liquids Code.''

H. Who handles permits after the authorization takes effect?

    Michigan will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. EPA will continue 
to administer any RCRA hazardous waste permits or portions of permits 
which we issued prior to the effective date of this authorization until 
they expire or are terminated. We will not issue any more new permits 
or new portions of permits for the provisions listed in the Table above 
after the effective date of this authorization. EPA will continue to 
implement and issue permits for HSWA requirements for which Michigan is 
not yet authorized.

I. How does today's action affect Indian Country (18 U.S.C. 1151) in 
Michigan?

    Michigan is not authorized to carry out its hazardous waste program 
in Indian Country within the State, as defined in 18 U.S.C. 1151. This 
includes:
    1. All lands within the exterior boundaries of Indian reservations 
within the State of Michigan;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that 
qualifies as Indian Country.
    EPA will continue to implement and administer the RCRA program in 
Indian Country. It is EPA's long-standing position that the term 
``Indian lands'' used in past Michigan hazardous waste approvals is 
synonymous with the term ``Indian Country.'' Washington Dep't of 
Ecology v. U.S. EPA, 752 F.2d 1465, 1467, n.1 (9th Cir. 1985). See 40 
CFR 144.3 and 258.2.

J. What is codification and is EPA codifying Michigan's hazardous waste 
program as authorized in this rule?

    Codification is the process of placing a State's statutes and 
regulations that comprise a State's authorized hazardous

[[Page 9357]]

waste program into the Code of Federal Regulations. We do this by 
referencing the authorized State rules in 40 CFR part 272. Michigan's 
rules, up to and including those revised October 19, 1991, have 
previously been codified through incorporation-by-reference effective 
April 24, 1989 (54 FR 7421, February 21, 1989); as amended effective 
March 31, 1992 (57 FR 3724, January 31, 1992). We reserve the amendment 
of 40 CFR part 272, subpart X, for the codification of Michigan's 
program changes until a later date.

K. Statutory and Executive Order Reviews

    This final rule only authorizes hazardous waste requirements 
pursuant to RCRA 3006 and imposes no requirements other than those 
imposed by State law (see SUPPLEMENTARY INFORMATION, Section A. Why are 
Revisions to State Programs Necessary?). Therefore, this rule complies 
with applicable executive orders and statutory provisions as follows:

1. Executive Order 18266: Regulatory Planning Review

    The Office of Management and Budget has exempted this rule from its 
review under Executive Order 12866 (58 FR 51735, October 4, 1993); 
therefore, this action is not subject to review by OMB.

2. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

3. Regulatory Flexibility Act

    This action authorizes State requirements for the purpose of RCRA 
section 3006 and imposes no additional requirements beyond those 
imposed by State law. Accordingly, I certify that this rule will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

4. Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under State 
law and does not impose any additional enforceable duty beyond that 
required by State law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply 
to this rule because it will not have Federalism implications (i.e., 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government).

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000) does not 
apply to this rule because it will not have tribal implications (i.e., 
substantial direct effects on one or more Indian tribes, or on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes).

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This rule is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant as defined 
in Executive Order 12866 and because EPA does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001), because it is not a significant regulatory action as defined 
in Executive Order 12866.

9. National Technology Transfer Advancement Act

    EPA approves State programs as long as they meet criteria required 
by RCRA, so it would be inconsistent with applicable law for EPA, in 
its review of a State program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
requirements of RCRA. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply to this rule.

10. Executive Order 12988

    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct.

11. Executive Order 12630: Evaluation of Risk and Avoidance of 
Unanticipated Takings

    EPA has complied with Executive Order 12630 (53 FR 8859, March 18, 
1988) by examining the takings implications of the rule in accordance 
with the Attorney General's Supplemental Guidelines for the Evaluation 
of Risk and Avoidance of Unanticipated Takings issued under the 
executive order.

12. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Because this rule proposes authorization of pre-existing State 
rules and imposes no additional requirements beyond those imposed by 
State law and there are no anticipated significant adverse human health 
or environmental effects, the rule is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994).

13. Congressional Review Act

    EPA will submit a report containing this rule and other information 
required by the Congressional Review Act (5 U.S.C. 801 et seq.) to the 
U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to the publication in the Federal 
Register. A major rule cannot take effect until 60 days after it is 
published in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians--lands, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements.

    Authority:  This action is issued under the authority of 
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act 
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: February 17, 2010.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. 2010-4307 Filed 3-1-10; 8:45 am]
BILLING CODE 6560-50-P
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