[Federal Register Volume 74, Number 195 (Friday, October 9, 2009)]
[Proposed Rules]
[Pages 52161-52173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24464]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-8967-7]


Michigan: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Michigan has applied to EPA for final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has reviewed Michigan's application and 
has preliminarily determined that these changes satisfy all 
requirements needed to qualify for final authorization, and is 
proposing to authorize Michigan's changes.

DATES: Comments on this proposed rule must be received on or before 
November 9, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2009-0762 by one of the following methods:
    http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    E-mail: <a href="/cdn-cgi/l/email-protection#eb8c998e8e85898e998cc5819e8f829f83ab8e9b8ac58c849d"><span class="__cf_email__" data-cfemail="4c2b3e2929222e293e2b622639282538240c293c2d622b233a">[email protected]</span></a>.
    Mail: Ms. Judith Greenberg, Michigan Regulatory Specialist, RCRA 
Programs Section (LR-8J), Land and Chemicals Division, U.S. 
Environmental Protection Agency, 77 W. Jackson Blvd., Chicago, IL 
60604.
    Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2009-0762. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters or any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epagov/epahome/dockets.htm.
    Docket: 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., CBI 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 
in http://www.regulations.gov or in hard copy. You may view and copy 
Michigan's application Mondays through Fridays, excluding Federal 
holidays, from 9 a.m. to 4 p.m. at the following addresses: U.S. EPA 
Region 5, 77 W. Jackson Blvd., Chicago, Illinois, contact: Judith 
Greenberg, (312) 886-4179; or Michigan Department of Environmental 
Quality, Constitution Hall, 525 W. Allegan St., 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, Land and Chemicals 
Division (LR-8J), U.S. Environmental Protection Agency, 77 West Jackson 
Blvd., Chicago, Illinois 60604, (312) 886-4179, e-mail 
<a href="/cdn-cgi/l/email-protection#89eefbecece7ebecfbeea7e3fcede0fde1c9ecf9e8a7eee6ff"><span class="__cf_email__" data-cfemail="2e495c4b4b404c4b5c4900445b4a475a466e4b5e4f00494158">[email protected]</span></a>.

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.

B. What Decisions Have We Made in This Rule?

    We have preliminarily determined that Michigan's application to 
revise its authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we propose to grant 
Michigan final authorization to operate its hazardous waste program 
with the changes described in the authorization revision application. 
Michigan will have 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 revision 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 Will Be the Effect If Michigan Is Authorized for These Changes?

    If Michigan is authorized for these changes, a facility in Michigan 
subject to RCRA will have to comply with the authorized State 
requirements instead of the equivalent Federal requirements in order to 
comply with RCRA. Additionally, such persons will have to comply with 
any applicable Federal requirements, such as HSWA regulations issued by 
EPA for which the State has not received authorization and RCRA 
requirements that are not

[[Page 52162]]

supplanted by authorized State-issued requirements. 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 include, 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 proposed action would not impose additional requirements on 
the regulated community because the regulations for which Michigan 
would be authorized are already effective, and would not be changed by 
the act of authorization.

D. What Happens If EPA Receives Comments on This Action?

    If EPA receives comments on this proposed action, we will address 
those comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you must do so at this time.

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 Proposing?

    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 preliminarily determined that Michigan's 
hazardous waste management program revision satisfies all requirements 
necessary to qualify for final authorization. Therefore, we propose to 
grant Michigan final authorization for the following program changes:

----------------------------------------------------------------------------------------------------------------
                                             Revision      Federal Register date and
   Description of Federal requirement      checklist \1\             page              Analogous State authority
----------------------------------------------------------------------------------------------------------------
Non-wastewaters from Dyes and Pigments..      206, 206.1  February 24, 2005, 70 FR    R 299.9311, R 299.9413,
                                                           9138; as amended on June    and R 299.9627, effective
                                                           16, 2005, 70 FR 35032.      September 11, 2000.
                                                                                      R 299.9204(2) and (2)(o)-
                                                                                       (o)(v)(B), R 299.9222,
                                                                                       and R 299.11003(1)(i),
                                                                                       (j), and (u), and (2),
                                                                                       effective March 17, 2008.
Uniform Hazardous Waste Manifest........      207, 207.1  March 6, 2005, 70 FR        R 299.9601(1) and (2)(c)
                                                           10776; as amended on June   and (e), effective
                                                           16, 2005, 70 FR 35037.      December 16, 2004.
                                                                                      R 299.9102(z), R
                                                                                       299.9105(m) and (n); R
                                                                                       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),
                                                           34538; as amended on        effective February 15,
                                                           August 1, 2005, 70 FR       1989.
                                                           44150.
                                                                                      R 299.9630 and R 299.9631,
                                                                                       effective June 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 52163]]

 
                                                                                      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
                                                           45508.                      (j), effective 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.
Revison of Wastewater Treatment                      211  October 4, 2005, 70 FR      R 299.9203(1)(c)(i) and
 Exemptions for Hazardous Waste                            57769.                      (c)(i)(D) and (E),
 Mixtures--``Headworks Exemption''.                                                    (c)(ii) and (c)(ii)(A)-
                                                                                       (O), (c)(iv) and
                                                                                       (c)(iv)(A)-(G), (c)(vi),
                                                                                       and (c)(vii), effective
                                                                                       March 17, 2008.
NESHAP: Final Standards for Hazardous                212  October 12, 2005, 70 FR     R 299.9508(1) and (1)(b),
 Waste Combusters (Phase I Final                           59402.                      effective September 11,
 Replacement Standards and Phase II).                                                  2000.
                                                                                      R 299.9601(2)(i),
                                                                                       effective December 16,
                                                                                       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 16862  R 299.9618, effective
                                                                                       December 28, 1985.
                                                                                      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 R299.9638(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 Code of                 214  July 14, 2006, 71 FR 40254  Michigan Compiled Laws
 Federal Regulations.                                                                  324.11148, 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.

[[Page 52164]]

 
                                                                                      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.
                                                                                      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 Rule..................             215  July 28, 2006, 71 FR 42928  R 299.9102(b), (w), (x)
                                                                                       and (y), R 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.

[[Page 52165]]

 
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.''
MAC R 299.9103(q) ``Federal     6/21/1994,         Public Law citation
 hazardous materials             renumbered as      changed from ``89-
 transportation act''.           (x) effective 12/  670'' to ``93-633.''
                                 16/2004.
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)-   6/21/1994........  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.''

[[Page 52166]]

 
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.
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.

[[Page 52167]]

 
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.''
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.''

[[Page 52168]]

 
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.''
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.

[[Page 52169]]

 
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.
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.

[[Page 52170]]

 
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.     ``part 111 of''
                                9/11/2000........   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 refect
                                                    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.     deleted.
                                3/17/2008........
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.''
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.''

[[Page 52171]]

 
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.''
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.

[[Page 52172]]

 
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 
proposing to authorize and 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 
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 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 continue to 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 tables 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 Would Authorizing Michigan for These Revisions 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.
    Therefore, authorizing Michigan for these revisions would not 
affect Indian Country in Michigan. EPA would 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 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 proposed 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).

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

    After considering the economic impacts of today's rule on small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), I 
certify that this rule will not have a significant economic impact on a 
substantial number of small entities.

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).

[[Page 52173]]

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, 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 the 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).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian 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: September 29, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. E9-24464 Filed 10-8-09; 8:45 am]
BILLING CODE 6560-50-P


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