STATE OF MICHIGAN 

DE~· 

DEPARTMENT OF ENVIRONMENTAL QUALITY w .. :J, 

LANSING 

RICK SNYDER 

GOVERNOR 

October 27, 2014 

Dr. Susan Hedman, Regional Administrator 

United States Environmental Protection Agency, Region 5 

77 West Jackson Boulevard (R-19J) 

Chicago, Illinois 60604-3507 

Dear Dr. Hedman: 

DAN WYANT 

DIRECTOR 

SUBJECT: Supplement to Michigan State Implementation Plan (SIP) Submittal of 

Revisions to Part 4 Rules 

On February 14, 2014, the Michigan Department of Environmental Quality (MDEQ) 

submitted the promulgated revisions to "Part 4. Emission Limitations and ProhibitionsSulfur-Bearing Compounds" rules for the United States Environmental Protection 

Agency's (USEPA's) review and approval for inclusion in the Michigan SIP. The MDEQ 

also requested that certain portions of the Wayne County Ordinance, as amended, be 

removed from the SIP as they are being replaced by the amended Part 4 rules. 

As indicated in the submittal, one of the rules promulgated was R 336.1401 a of the 

Michigan Air Pollution Control Rules. The rule states, in part: 

(c) "Used oil" means any fuel that is produced from used oil, as defined in 

R 299.91 09(p). 

R 299.91 09(p) of the Michigan Hazardous Waste Management Rules states: 

(p) "Used oil" means any oil which has been refined from crude oil, or any 

synthetic oil, which has been used and which as a result of the use, is 

contaminated by physical or chemical impurities. 

The USEPA correctly pointed out in a conversation with the·MDE0's·Air Quality Division 

(AQD) on May 13, 2014, that R 299.9109(p) is not part of Michigan's existing SIP. 

We request that this document be accepted as a supplement to our original submittal of 

February 14, 2014. We also request that R 299.9109(p) be approved by the USEPA into 

the Michigan SIP. An opportunity for public comment and hearing was provided for 

during the promulgation of R299.9109(p) as partof'alargenule package that became 

effective on September 11, 2000. Enclosed is documentation to demonstrate that the 

rule underwent appropriate public notification before promulgation. 

CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973 

wv.rw.michigan.gov/deq • (800} 662-9278 
Dr. Susan Hedman 

Page 2 

October 27, 2014 

Questions on this supplement to the submittal may be directed to Ms. Mary Maupin, SIP 

Unit Supervisor, AQD, at 517-284-6755; maupinm@michigan.gov; or MDEQ, 

P.O. Box 30260, Lansing, Michigan 48909-7760; or you may contact me. 

Enclosure 

Director 

517-284-6700 

cc/enc: Mr. Charles Hallen, USEPA, Region 5 

Mr. Jim Sygo, Deputy Director, MDEQ 

Ms. Lynn Fiedler, MDEQ 

Ms. Mary Maupin, MDEQ 
Dan Wyant 

Director 

PROPOSED REVISIONS TO 

STATE OF MICHIGAN 

STATE IMPLEMENTATION PLAN 

for 

Part 4. EMISSION LIMITATIONS AND 

PROHIBITIONS -SULFUR-BEARING COMPOUNDS 

R 336.1401a(c) 

Reference to R 299.91 09(p) 

(supplement to original submittal on 

February 14, 2014) 

October 27, 2014 

Prepared by: 

Michigan Department of Environmental Quality 

Air Quality Division 

P. 0. Box 30260 

Lansing, Ml48909-7760 

INTERNET: http://www.michi9an.gov/deqair 
TABLE OF CONTENTS 

COMPLETENESS REVIEW 

ADMINISTRATIVE MATERIALS ................................................................................ 1 

TECHNICAL SUPPORT ............................................................................................ 3 

ATTACHMENT A 

ATTACHMENT B 

ATTACHMENT C 

ATTACHMENT D 

ATTACHMENT E 

ATTACHMENT F 

ATTACHMENTS 

Secretary of State's Notice of Filing Administrative Rules, 

dated September 1 , 2000 

Final form of adopted rules, Hazardous Waste Management 

Administrative Rules package 1999-007 Administrative Rules, Part 1 

(partial) effective September 11, 2000 

Strikethrough/bold version as submitted for approval - Hazardous 

Waste Management Administrative Rules package ORR 1999-007 EQ 

Administrative Rules, effective September 11, 2000 

Notification of the proposed rule changes and public hearing from 

October 25, 1999, issue of MDEQ Environmental Calendar 

Samples of newspaper public hearing notices- Lansing State Journal 

and The Mining Journal, November 1, 1999, issues 

Former Waste Management Division Executive Summary for rule 

changes 
COMPLETENESS REVIEW 

(Title 40 of the Code of Federal Regulations, Part 51, Appendix V) 

Administrative Materials 

1. A formalletter of submittal from .the,governor.or.designee requesting United 

States Environmental Protection Agency (US EPA) approval of the revision. 

A cover letter dated October 27, 2014, from Dan Wyant, Director of the Michigan 

Department of Environmental Quality (MDEQ), to Dr. Susan Hedman, Regional 

Administrator, USEPA, Region 5, requests approval of State Implementation Plan (SIP) 

revisions. 

A letter dated March 24, 2011, from Governor Rick Snyder to the USEPA, Region 5, 

delegates authority to the MDEQ Director to make any submittal, request, or application 

under the federal Clean Air Act. The letter is available upon request. 

2. Evidence that the state has adopted the revision in the state code or body of 

regulations; or issued the permit, order, or consent agreement (hereafter 

document) in final form. That evidence should include the date of adoption or final 

issuance, as well as the effective date of the revision if different from the 

adoption/issuance date. 

The Secretary of State's Notice of Filing Administrative Rules for the former Waste 

Management Division's '(now Office of Waste Management and Radiological Protection 

(OWMRP]) rule package, dated September 1, 2000, is included in Attachment A. 

The final version of the rule was published in the October 2, 2000, Michigan Register. 

The effective date is September 11, 2000. 

3. Evidence that the state has the necessary legal authority under state law to adopt 

and implement the revision. 

Section 5512 of Part 55, Air Pollution Control, of the Natural Resources and 

Environmental Protection Act, 1994 PA 451, as amended, gives the agency the authority 

to promulgate the revised rules. A copy is available upon request or at the Web site 

listed below. 

http://leg is lature. mi. g ovldoc. as px?m cl-324-5512 

4. A copy of the actual regulation or document submitted for approval and 

incorporation by reference into the SIP, including indication of the changes made 

to the existing approved SIP, where applicable. The submittal should be a copy of 

the official state regulation/document signed, stamped, and dated by the 

appropriate state official indicating that it is fully enforceable by the state. The 

effective date of the regulation/document should, whenever possible, be indicated 

in the document itself. 
Completeness ·Review 

Page 2 

The final form of the adopted changes in the OWMRP's Part 1 rules with the effective 

date of September 11, 2000, is included in Attachment B. 

A strikethrough/bold version of the rule we are requesting be added to our SIP is in 

Attachment C. 

Michigan administrative rules are enforceable as law effective seven days after filing with 

the Secretary of State's Notice of Filing Administrative Rules. These rules were effective 

on September 11, 2000. 

5. Evidence that the state followed all of the requirements of its administrative 

procedures act (or equivalent) in conducting and completing the 

adoption/issuance of the revision. 

The Secretary of State's Notice of Filing Administrative Rules for ORR 1999-007 EQ, 

which included the relevant rule, dated September 1, 2000, is included in Attachment A. 

In addition, two intermediate steps in our rulemaking process are documented. The 

following are available upon request: 

• The Certificate of Adoption dated August 4, 2000, signed by then MDEQ Director 

Russell Harding; 

• The Legislative Service Bureau's (LSB) Certificate of Approval dated May 30, 2000. 

6. Evidence that public notice was given of the proposed change consistent with 

procedures approved by the USEPA, including date of publication of such notice. 

Notification of the proposed rule changes and public hearing, which included 

R 299.9109(p), was published in the October 25, 1999, MDEQ Environmental Calendar 

located at http://www.michigan.gov/envcalendar and an excerpt is included as 

Attachment D. 

Multiple newspapers published the Notice of Public Hearing on November 1, 1999, and 

November 3, 1999, for the final rule. Newspapers included the Grand Rapids Press, the 

Lansing State Journal, The Mining Journal, and the Detroit News/Free Press. Samples 

of the Lansing State Journal and The Mining Journal are included as Attachment E. 

7. Certification that public hearings were held in accordance with the information 

provided in the public notice and the state's administrative procedures act (or 

equivalent}, if applicable. 

The Executive Summary describes in detail the procedures used in the Waste 

Management Division's hearing process. They are included as Attachment F. 
Completeness Review 

Page 3 

8. Compilation of public comments and state's response thereto. 

No comments were received regarding the pertinent rule (R 299.91 09[p]). 

Technical Support 

1. Justification of rules revisions. 

The definition being requested for inclusion in the SIP will clarify what "used oil" means. 

By including this definition, the rule is more enforceable and clearer. No other OWMRP 

rules are being requested for inclusion. 

STATE Of .MJCJ.UijJ\(\' 

e 

. ~ 

CANDICE S. :MILLE:R, Sc-:!'t~l!)' uf Stu"' 

rvfTCfTICJAN UEPAR1t\.ffiNT OF f;TATf-: 

l..AN.ili"'IG, l\ollCHlGA._ \l 43918-000 l 

Septemter J, 2000 

NOTJC!.: OJ:i J!'lLlNG 

ADJ\HNTSTilA 1TV"E RlTLl:S 

To: Soorelluy of tha·SeMte 

Clerk nfth(l Hou!<l ofRqm:.scmath•<s 

.foirtl. Committe(' on Admini.stmtive ltules 

Lr.Mi~lativc Service Bureau (00-09-0 1) 

lo Hroord~nce with the pmvl.liu"" <1f S<.!dinn 46(1) LJ(Act106, "Publiu Act~ of lY6Y, M iJlll('Jided, 

:md .Execmive Ori,I~J" 1995-6 tlli~ i> to atlvi~~ you that tlti.' O!fiu~; ofR1:gulatory lteform, Legal 

Division filed nt 2:25P.M. this date, lldminlll.rative m.k ( 00-09-01 ) fur Ule Oejlilllm.,nl of 

r.llvironmctltaf Quality, '\',faslc.Mana_ge.tneni.Divisiou, ~ntitfed ''Ham:rdo11s Wcute :\Jamwmeni'', 

~ffixrtivc 'l day~ lwroo.fter. 

~c: /\""!)' n,utmHPJl, Home of Kcprc.st:mativeJ 

Office ofRcgufatory Reform 

ORR Rule )II). 99-007-TIQ 

Departmeu~ o[Ell~iroruncot,'!l. Quality 

Sin u.,.-ely, 

Candtc<~ S. Mill<>r 

S e<:i"elary •If Sl11b 

~\t.h'\0_ ~ . l~fu~~-~ l:i!er:a L . .Beasley, 11-:T<l<lager 

Oflice of tlte (ircm S;;al 

..,. ...... J,,.j,o•, 

Sl:f' 2 1 ?vOO 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

WASTE MANAGEMENT DIVISION 

HAZARDOUS WASTE MANAGEMENT 

Filed with the Secretary of State on September 1, 2000 

These rules take effect 7 days after filing with the Secretary of State 

(By authority conferred on the director and the department of environmental quality by sections 

11115a, 11118,11123,11127,11128,11130,11132,11137,11140,11141, and 11145 of 

Act No. 451 of the Public Acts of 1994, and Executive Reorganization Order No. 1995-16, being 

§§324.11115a, 324.11118, 324.11123, 324.11127, 324.11128, 324.11130, 324.11132, 

324.11137, 324.11140, 324.11141, 324.11145, and 324.99903 of the Michigan Compiled Laws) 

R 299.9101 toR 299.9109, R 299.9202 toR 299.9204, R 299.9206, R 299.9209, 

R 299.9220, R 299.9222, R 299.9224 toR 299.9226, R 299.9228, R 299.9301, R 299.9304, 

R 299:9306,- R 299.9306, R 299.9311,'R 299.9401, R 299.9403, R 299.9406 toR 299.9410, 

R 299.9413, R 299.9501 toR 299.9506, R 299.9508, R 299.9519, R 299.9601, R 299.9605 to 

R 299.9608, R 299.9610, R 299.9612, R 299.9613, R 299.9619 toR 299.9623, R 299.9626, 

R 299.9627, R299.9629, R299.9701, R 299.9703, R299.9706, R 299.9708 toR 299.9711, 

R 299.9803, R 299.9804, R 299.9808, R 299.9809, R 299.11001 toR 299.11005, and 

R 299.11103 of the Michigan Administrative Code are amended, R 299.9230, R 299.9524, R 

299.9525, R 299.9635 toR 299.9638, and R 299.9817 toR 299.9821 are added to the Code, 

and R 299.9411 and R 299.9412 of the Code are rescinded to read as follows: 

PART 1. GENERAL PROVISIONS 

R 299.9101 Definitions; A, B. through R 299.9108 Definitions; T. not included for brevity 

R 299.9109 Definitions; U to Z. 

Rule 109. As used in these rules: 

(a) "Underground injection" or "well injection" means the subsurface emplacement of 

fluids through a bored, drilled, or driven well or through a dug well where the depth of the dug 

well is greater than the largest surface dimension. 

(b) "Underground tank" means a device which satisfies the definition of "tank" specified 

in R 299.9108(a) and which has its entire surface area below the surface of, and covered by, 

the ground. 

(c) "Unexploded ordnance" means military munitions that have been primed, fused, armed, or 

otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in such a 

manner as to constitute a hazard to operations, installation, personnel, or material and remain 

unexploded either by malfunction, design, or any other cause. 

(d) "Unfit for use tank system" means a tank system that has been determined, through 

an integrity assessment or other inspection, to be no longer capable of storing or treating 

hazardous waste without posing a threat of release of hazardous waste to the environment. 

(e) "United States" means any of the following: 

(i) The 50 states. 

(ii) The District of Columbia. 
(iii) The Commonwealth of Puerto Rico. 

(iv) The United States Virgin Islands. 

(v) Guam. 

(vi) American Samoa. 

(vii) The·Commonwealth of the Northern Mariana Islands. 

(f) "United States importer" means a person who has lawfully recognized resident status 

within the United States and who brings in, or arranges for the entry of, a shipment of hazardous 

waste into the United States from a foreign country. A United States importer may be any of the 

following persons: 

(i) The person who is liable for primary payment of any United States customs duties on 

the hazardous waste. 

(ii) An agent as defined in R 299.9101. 

(iii) The treatment, storage, or disposal facility designated on the manifest. 

(iv) The importer of record as designated on the United States customs entry 

documents. 

(v) The transporter who carries the hazardous waste at the point of entry. 

(vi) The consignee. 

(g) "Universal waste" means any of the hazardous wastes that are identified in 

R 299.9228(1) and managed pursuant to the provisions of R 299.9228. 

(h) ."Universal waste handler".means.a.generator.ofuniversal waste or the owner or 

operator of a facility, including all contiguous property, that receives universal waste from other 

universal waste handlers, accumulates universal waste, and sends universal waste to another 

universal waste handler, a destination facility, or a foreign destination. The term universal waste 

handler does not include either of the following: 

(i) A person who treats, disposes of, or recycles universal waste, except as provided for 

in 40 C.F.R §273.13(a) or (c) or §273.33(a) or (c). 

(ii) A person engaged in the off-site transportation of universal waste by air, rail, 

highway, or water, including a universal waste transfer facility. 

(i) "Universal waste large.quantity.handler" means a universal waste handler who 

accumulates 5,000 kilograms or more total of universal waste at any time. 

(j) "Universal waste small quantity handler" means a universal waste handler who does not 

accumulate 5,000 kilograms or more total of universal waste at any time. 

(k) "Universal waste transfer facility" means any transportation-related facility, including 

loading docks, parking areas, storage areas, and other similar areas, where shipments of 

universal waste are held during the normal course of transportation for 10 days or less. 

(I) "Universal waste transporter" means a person engaged in the off-site transportation 

of universal waste by air, rail, highway, or water. 

(m) "Unsaturated. zone" or "zone of aeration" means the zone between the land surface 

and the water table. 

(n) "Uppermost aquifer" means the geologic formation nearest the natural ground 

surface that is an aquifer and includes lower aquifers that are hydraulically interconnected with 

the aquifer within the facility's property boundary. 

(o) "U.S.C." means the United States Code. 

(p) "Used oil" means any oil which has been refined from crude oil, or any synthetic oil, 

which has been used and which as a result of the use, is contaminated by physical or chemical 

impurities. 

( q) "Used oil aboveground tank" means a tank which is used to store or process used oil 

and which is not an underground storage tank as defined in 40 C.F.R §280.12. 

(r) "Used oil aggregation point" means any site or facility that accepts, aggregates, 

and/or stores used oil that is collected only from other used oil generation sites owned or 
operated by the same owner or operator of the aggregation point, from which used oil is 

transported to the aggregation point in shipments of not more than 55 gallons. Used oil 

aggregation points may also accept used oil from household do-it-yourselfers. 

(s) "Used oil burner" means a facility where off-specification used oil, as defined in 

R 299.9809(1)(f), is·burned for energy recovery in· the devices identified in R 299.9814. 

(t) "Used oil collection center" means any site or facility that has provided written 

notification of used oil management activities to the department and that accepts or aggregates 

and stores used oil collected from either of the following: 

(i) Used oil generators regulated pursuant to the provisions of R 299.9810 who transport 

used oil to the collection center in shipments of not more than 55 gallons under the provisions of 

40 C.F.R. §279.24. 

(ii) Household do-it-yourselfers. 

(u) "Used oil existing tank" means a tank that is used for the storage or processing of 

used oil and that is in operation, or for which installation has commenced, on or before the 

effective date of the amendments to these rules that establish the state's used oil program 

under RCRA. Installation will be considered to have commenced if the owner or operator has 

obtained all federal, state, and local approvals or permits necessary to begin physical 

construction of the tank and if either of the following provisions applies: 

(i) A continuous on-site physical installation program has begun . 

. (ii). The owner or .operator. has entered .into .contractual obligations, which cannot be 

cancelled or modified without substantial loss, for installation of the tank system to be completed 

within a reasonable time. 

(v) "Used oil fuel" means any fuel that is produced from used oil through processing, 

blending, or other treatment. 

(w) "Used oil fuel marketer" means any person who conducts either of the following 

activities: 

(i) Directs a shipment of off-specification used oil from his or her facility to a used oil 

burner. 

(ii) First claims that the used oil which is to be burned for energy recovery meets the 

used oil specifications set forth in R 299.9809( 1 )(f). 

(x) "Used oil generator" means any person, by site, whose act or process produces 

used oil or whose act first causes the used oil to become subject to regulation. 

(y) "Used oil new tank" means a tank that is used for the storage or processing of used 

oil and for which installation has commenced after the effective date of amendments to these 

rules that establish the state's used oil program under RCRA. 

(z) "Used oil processor/re-refiner" means a facility that processes used oil. 

(aa) "Used oil tank" means a stationary device which is designed to contain an 

accumulation of used oil and which is constructed primarily of nonearthen materials, such as 

wood, concrete, steel, or plastic, that provide structural support. 

(bb) "Used oil transfer facility" means any transportation-related facility, including 

loading docks, parking areas, storage areas, and other areas, where shipments of used oil are 

held for more than 24 hours and not more than 35 days during the normal course of 

transportation or before an activity performed pursuant to the provisions of R 299.9813(1) or (2). 

Transfer facilities that store used oil for more than 35 days are subject to regulation under 

R 299.9813. 

(cc) "Used oil transporter" means any person who transports used oil, any person who 

collects used oil from more than one generator and transports the collected oil, and owners and 

operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate 

loads of used oil for purposes of transportation, but with the following exception, may not 

process used oil. Transporters may conduct incidental processing operations that occur in the 
normal course of used oil transportation but that are not designed to produce, or make more 

amenable for the production of, used oil derived products or used oil fuel. 

(dd) "Vehicle" means each separate conveyance used in the transportation of 

hazardous waste that is one of the following: 

(i} Arailear as defined in 49 C.F.R. §171.8. 

(ii) A semitrailer, truck, or trailer as defined in act 300. 

(iii) A truck tractor as defined in act 300, only if the hazardous waste is actually 

transported in the cab of the vehicle. 

(ee) "Vessel" means a watercraft that is used or is capable of being used as a means of 

transportation on the water. 

(ff) "Washout" means the movement of hazardous waste from the active portion of the 

facility as a result of flooding. 

(gg) "Waste" means material that is defined as waste in R 299.9202. 

(hh) "Waste management area" means the limit projected in the horizontal plane of the 

area on which waste will be placed during the active life of a regulated unit and includes 

horizontal space taken up by any liner, dike, or other barrier that is designed to contain waste in 

a regulated unit. If the facility contains more than 1 regulated unit, then the waste management 

area is described by an imaginary line circumscribing the several regulated units. 

(ii) "Wastewater treatment unit" means a device that satisfies all of the following 

requirements: 

(i} Is part of a wastewater treatment facility that is subject to regulation pursuant to the 

provisions of either section 402 or section 307(b) of the federal clean water act. 

(ii} Receives and treats or stores an influent wastewater that is a hazardous waste as 

defined in R 299.9203, generates and accumulates a wastewater treatment sludge that is a 

hazardous waste as defined in R 299.9203, or treats or stores a wastewater treatment sludge 

that is a hazardous waste as defined in R 299.9203. 

(iii) Meets the definition of "tank" or "tank system" specified in R 299.9108. 

Oil "Water (bulk shipment)" means the bulk transportation of hazardous waste that is 

loaded or carried on board a vessel without containers or labels. 

(kk) "Well" means any shaft or pit which is dug or bored into the earth, which is 

generally of a cylindrical form, and which is often walled with bricks or tubing to prevent the 

earth from caving in. 

(II} "Wetland" means the areas defined as wetlands in part 303 of the act. 

(mm) "Zone of engineering control" means an area which is under the control of the 

owner or operator and which, upon detection of a hazardous waste release, can be readily 

cleaned up before the release of hazardous waste or hazardous constituents to groundwater or 

surface water. 

PART 2 through PART 11 not included for brevity 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

WASTE MANAGEMENT DIVISION 

· HAZARDOUS WASTE MANAGEMENT 

Filed with the Secretary of State on September 1, 2000 

These rules take effect 7 days after filing with the Secretary of State 

(By authority conferred on the director and the department of environmental quality by sections 11115a, 

11118,11123,11127,11128,11130,11132,11137,11140,11141, and 11145 of Act No. 451 of the 

Public Acts of 1994, and Executive Reorganization· Order No. 1995-16, being §§324.11115a, 324.11118, 

324.11123,324.11127,324.11128,324.11130,324.11132,324.11137,324.11140,324.11141, 

324.11145, and 324.99903 of the Michigan Compiled Laws) 

R 299.9101 to R 299.9109, R 299.9202 to R 299.9204, R 299.9206, R 299.9209, R 299.9220, 

R 299.9222, R 299.9224 to R 299.9226, R 299.9228, R 299.9301, R 299.9304, R 299.9306, R 299.9308, 

R 299.9311, R 299.9401, R 299.9403, R 299.9406 toR 299.9410, R 299.9413, R 299.9501 to 

R 299.9506, R 299.9508, R 299.9519, R 299.9601, R 299.9605 to R 299.9608, R 299.9610, R 299.9612, 

R 299.9613, R 299.9619 toR 299.9623, R 299.9626, R 299.9627, R 299.9629, R 299.9701, R 299.9703, 

R 299.9706, R 299.9708 to R 299.9711, R 299.9803, R 299.9804, R 299.9808, R 299.9809, R 299.11001 

to R 299.11005, and R 299.11103 oft he Michigan Administrative Code are amended, R 299.9230, 

R 299.9524, R 299.9525, R 299.9635 to R 299.9638, and R 299.9817 to R 299.9821 are added to the 

Code, and R 299.9411 and R 299.9412 of the Code are rescinded to read as follows: 

PART 1. GENERAL PROVISIONS 

R 299.9109 Definitions; U to Z. 

Rule 109. As used in these rules: 

(a) "Underground injection" or "well injection" means .... 

(o) "U.S.C." means the United States Code. 

(p} "Used oil" means any oil which has been refined from crude oil, or any synthetic oil, 

which has been used and which as a result of the use, is contaminated by physical or chemical 

impurities. 

( q) "Used oil aboveground tank" means .... 
;o····.··.· ... 

: c 
DEi\ 

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY 

PO BOX 30473 

LANSING Ml 4~09-7973 

CALENDAR October 25, 1999 

t ENVJRONMENT AL 

ASSISTANCE CEifTER 

800-662-9278 

E-mail: deq-ead-envassist@state.mi.us 

+ PUBLICATION 

SCHEDULE 

+ CALENDAR MAILING 

LIST 

+ INTERNET ACCESS 

www.deq.state.mi.us 

+ TIMETABLE FOR 

DECISIONS 

t CONTENTS 

The DEQ Environmental Assistance Center (EAC) is available to provide 

direct access to DEQ environmental programs, answers to 

environmental questions, referrals to OEQ technical staff, and quick 

response. Questions on any tlems listed in the OEO Calendar can be 

referred to the EAC. 

The DEQ Calendar is published every two weeks, on attemate Mondays, 

by the Michigan Department of Environmental Quality. We welcome 

your comments. 

If you wish to make additions, deletions or changes to the OEQ 

Calendar mailing list, please call 517-335-3·153 or send your correct 

name and address to: DEQ Calendar, Michigan Department of 

Environmental Quality, P.O. Box 30473, Lansing, Ml 48909-7973. 

You may also subscribe to receive the Calendar by E-mail using our 

lis1server subscription service at www.deq.state.mi.usldeptllistserv.htm. 

The DEQ Calendar is available at DEQ's ononymous FTP site, 

ttp.deq.state.mi.us. In addition, the DEQ Calendar is ovailable on the 

DEQ World Wide Web site. The Web site also has Home Page links to 

all DEQ progmm information. 

No decision listed in the DEQ Calendar will be made prior to seven days 

after the initial Calendar publication dale. 

PART 1: ENVIRONMENTAL ISSUES, PERMmJNG, AND RELATED 

REGULATIONS 

'Permit Decisions Before the Office of the Dire-ctor 3 

~"othe-r Decisions Before th~ Office of the Director 3 

:~-Administrative- Rures Promulgation 4 

... Public Hearings and Meetings ·.5 

... Permitting Division Contacts 10 

PART II: ENVIRONMENTAL CONFERENCES, WORKSHOPS, AND 

TRAINING PROGRAMS 10 
CALENDAR 

NOVEMBER 24.1999 

NOVEMBER 24. 1999 

NOVEMBER 29. 1999 

NOVEMBER 29. 1999 

DECEMBER 6, 1999 

2:00p.m. 

October 25, 1999 

writing by November 24, 1999. a public hearing will be sc!JE<i<;le<l. Information Contact: 

Tom AndrzejewskL Ai Quality Dil'ision. 517-373-0134. 

DEADUNE FOR PUBUC COMMENT REGARDING PERFECT CIRCLE, DMSION 

OF THE DANA CORPORATION, MUSKEGON, MUSKEGON COUNTY. Written 

oommenls are being aooepte<l on a prop<>se<l oonsrot order to adminis!r.>ti\'ely .-..solve 

alleged air pc<Mion violations at 2001 Sanford Street. You may obtain oopies of the 

oonsent order and staff activity report oo the Internet at 

www.deq.sfate.mi.us/aqdlcelconsenlhtml. Submit written COITlllleflls by 

November 24, 1999, to Tom Andrzejev,;ki, Mic!Jigan Department ofEnvft:Mlental 

Quality, Air Quality Division, P.O. Box 30200, lansing, Ml<higan 49909. ff requested in 

writing by November 24, 1999, a public hearing will be sche<Med. lnform.ation Contact: 

Tom Andrzej..wski. M Quality Dil'ision. 517-373-0134. 

DEADUNE FOR PUBLIC COMMENT REGARDING VOL TEK, OMS ION OF SEKJSUI 

AMERICA CORPORATION, COLDWATER, BRANCH COUNTY. Written """'""'"Is 

are being accepted on a propose<l oon""'t orde< to administratively resolve alleged air 

pollution violat'oos. You may obtain copies of the consent onder and staff aotiYity report 

on the Internet at www.deq.state.mi.uslaq_d/oelconsenlhtml. Submit written 

comments to Tom Andrze?wski. M~higan·~artnw:nt of Environmental Quality. Air 

Quality Dil'isicn. P .0. Box 30260, lansing, Mohigan 4S009. If requeste<i in writing by 

November 24. 1900, a public hearing w~ be schedule<l. Information Contact Tom 

Andrzejews!<i, Air Quality Division. 517--373-0134. 

DEADLINE FOR PUBLIC COMMENT REGARDING A PROPOSED REMEDIAL 

ACTJON PlAN FOR THE FmSIMONS MANUFACTURING COMPANY SITE, BIG 

RAPIDS; MECOSTA COUNTY; Written comments are being accepted on a proposed 

reme<lial action plan (RAP) fur !I-.e Fitzsmcns Maoofacturing Company, a site of 

env'coomental contamination, located at 600 DeKraft Avenue in Rig Rapids. The site 

has lead in the sci/ as a result ol an underground storage bnk release and has the 

potaltial to leach to groLv:<iwater at concentrations above public health criteria. The 

propose<l RAP calls for placemEnt of a deed restriction prohibiting the installation of 

drinking waier weil(s) in tile western hall of the Fltz.Simoos property and groundwater 

mooitcring to verify water qu<£1y. A copy of the RAP is available for public viemng at 

the Big Rapids Community library, 428 S. Ml<higan, Big Rapids. Written OOlflffi€<lts 

shoold be postmarl<e<l or submitted by 5:00p.m. oo November 29, 1009, to the 

Michigan Department of Environmental Quality. Enwonm<!nial Response Division, 

245 Colrain S.W., IV)'OOling. M'x:higan 49548. Information Contact Darlene Gilmore, 

EnwOOlJlenta/ Respon•e Di'o'isicn, 616-246-1737. 

PROPOSED PHOSPHORUS TOTAl MAXIMUM DAILY LOAD (TMDl) FOR lAKE 

AllEGAN, ALLEGAN COUNTY. Writien comments a"' being acceple<l oo a 

proposed phosphorus TIJDl for lake Allegan. Copies of the proposed TMDl and the 

associate<i pho5!*torus loading assessll\Eill report may be obta'ned by oontacfug 

laura Smith ai 517-335-4194. Cop>;s are also available on the DEQ Homepage aJ 

www.deq.state.ml.us/swq under the Great lakes and Env'fonmenial Assessment 

Section. Written 0001menls are to be submit1ed by November 29, 1999, to S)Wia 

Heaton. Ml<higan Depaitlnalt of Environmental Quality, Surface Water Quality 

Divis:Cf'l, Great Lakes and Environmental Assessment Section, P.O.~ 30273, 

lansing, Michigan 48009-7773, or E-mail at heatoo•@state.mi.~'-5. lnfunnation 

Contact Sylvia Heaton, Surfaoe \'later Qualify Division, 517-373-1320. 

HAZARDOUS WASTE MANAGEMENT PROGRAM ADMISTRATIVE RULESPROPOSED REVISIONS. A public hear'ng is sohe<lule<l to discuss prop<>se<l revisions 

to the Part 111 Hazardous Waste Management Administratve Rules. The hearing will 

be held at the G. Mennen W:!iiams Bul<ling- Auditor'um. 525 W. Ottawa Street 

lansing, Michigan. Information Contact Ronda L 8/ayer, Waste Management 

Division, 517-37~9548. cr E-mailat blayerr@state.mi.us. 

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EXECUTIVE SUMMARY 

Agency Contact 

The Department of Environmental Quality (Department) contact person for the proposed 

revisions of the administrative rules promulgated pursuant to Part 111, Hazardous Waste 

Management, of Michigan's Natural Resources and Environmental Protection Act, 1994 PA 451, 

as amended (Act 451 ), is Ms. Ronda L. Slayer, Environmental Engineering Specialist, Waste 

Management Division (WMD). Ms. Slayer may be reached at 517-373-9548, or by facsimile at 

517-373-4797. 

Purpose of Proposed Revisions to the Administrative Rules 

On October 30, 1986, the United States Environmental Protection Agency (U.S. EPA) granted 

final authorization to Michigan to administer the state's hazardous waste management program 

(state program) in lieu of the federal Resource Conservation and Recovery Act (RCRA) 

hazardous waste management program (RCRA program). The dynamic nature of the RCRA 

program and the state's desire to maintain a quality state program require that the Department 

continually revise Part 111 of Act 451 and the administrative rules promulgated pursuant 

thereto. Once adopted, the proposed revisions.contained·in this administrative rules package 

will represent the seventh amendment to the administrative rules since Michigan received base 

program authorization. 

The purpose of the proposed revisions to the administrative rules is to: 

Maintain federal authorization to administer the state program in lieu of the RCRA 

program. 

Improve .the overall quality of the rules, both in terms of clarification of existing 

requirements and areas of program coverage. 

Reduce the regulatory barriers to the regulated community. 

Incorporate revisions resulting from the enactment of Act 138 of 1998, Hazardous 

Materials Transportation Act, regarding hazardous waste transporters. 

Contents of Proposed Revisions to the Administrative Rules 

General information regarding the content·of the proposed administrative rules package is 

provided in the Background Section of this report. This section segregates the proposed 

revisions according to those revisions that are being made pursuant to RCRA program changes 

and are necessary to maintain authorization, and those revisions that are being initiated by the 

state and are not specifically required by the U.S. EPA. A more detailed discussion of the 

proposed revisions is provided in the Summary, Rationale, and Effect of Change Section of this 

report. Those areas ofthe rules,that have been significantly modified since the last draft of the 

proposed rules package are noted in this section. A copy of the proposed administrative rules 

package in strike/cap format is provided in Appendix A. To assist persons in reviewing the 

package, the revisions based on federal changes are denoted by shadowed text while revisions 

based on state recommendations are denoted by outlined text. 

Public Participation Process 
The administrative rules promulgation process involves many steps. A major component of the 

promulgation process is public participation. A general overview of both the informal and formal 

public participation activities conducted to date is provided below. 

Informal Public Participation 

In accordance with Executive Order (E.O.) 1995-6, a Request for Rulemaking was filed with 

the Office of Regulatory Reform (ORR) prior to proceeding further with the informal public 

participation process. The Request for Regulatory Reform was approved on January 29, 1999. 

The Department prepared one draft of the proposed administrative rules package and solicited 

comment internally from staff with expertise in various areas of the state program, and from the 

U.S. EPA, Region.5. All of the comments received as part of these initial reviews were 

evaluated and the necessary revisions incorporated into a new proposed administrative rules 

package. Notification of the availability of the proposed administrative rules package for review 

and comment was provided to persons on the WMD's Hazardous Waste Management Program 

Short List {Short List) on April28, 1999. The Short List is composed of approximately 60 

persons that represent major hazardous waste management facilities in Michigan and other 

interested parties, including trade associations, major consulting firms, and environmental 

groups. Staff and the U.S. EPA also reviewed the proposed administrative rules package in 

conjunction with the Short List distribution. The informal comment period ended on June 2, 

1999. A list of those persons that provided comment during the Short List distribution is 

included in Appendix B. After the close of the informal comment period, the Department 

reviewed all of the comments received, revised the proposed administrative rules package 

accordingly, and prepared this administrative rules report in an effort to assist those persons 

reviewing the package in conjunction with the formal public participation process. 

Formal Public Participation 

Following the completion of the informal public participation process, the formal public 

participation process was initiated. As part of the formal public participation process, the 

proposed administrative rules·packagewas reviewed by staff internally, the U.S. EPA, the 

Legislative Service Bureau (LSB), and the ORR. On October 14, 1999, the Department 

provided written notification to persons on the WMD's Hazardous Waste Management Program 

Long List (Long List) of the availability of the proposed administrative rules package and the 

associated administrative rules report, the opportunity to comment, and the upcoming public 

hearing. The Long List is composed of approximately 400 persons interested in the state 

program. The proposed administrative rules package, Notice of Public Hearing, and Small 

Business Economic Impact Statement (see Appendix C) were published in the Michigan 

Register on October 31, 1999. On October 25, 1999, the Department prepared and executed a 

Regulatory Impact Statement for the ORR in accordance with E.O. 1995-6. 

In conjunction with the referenced reviews, the Department scheduled a public hearing to solicit 

comment on the proposed administrative rules package. Notice of the public hearing was 

published in the Department calendar on October 25, 1999. The Notice of Public Hearing was 

published in the following newspapers on November 1, 1999, with the exception of the Zone 8 

Detroit News/Free Press -Detroit area only which was published on November 3, 1999: 

The Flint Journal; 

The Grand Rapids Press; 

The Lansing State Journal; 

The Marquette Mining Journal; and 

The Zone 8 Detroit News/Free Press - Detroit area only 
The public hearing was held on December 6, 1999. Information regarding the time, location, 

duration, number of persons outside of the Department in attendance, and Department 

representatives who attended the hearing is provided below. 

Time: 2:06 p.m. 

Location: G. Mennan Building Auditorium 

Lansing, Michigan 

Duration: Five minutes 

Persons Outside of the Department in Attendance: Two, none of which provided formal 

comments 

Department Representatives: George Bruchmann, Assistant Chief 

Waste Management Division 

Kenneth J. Burda, Chief (Hearings Officer) 

Hazardous Waste Program Section 

Waste Management Division 

Stephen G. Buda, Chief 

Hazardous Waste Permits Unit 

Waste Management Division 

Ronda L. Slayer, Environmental Engineering Specialist 

Hazardous Waste Program Section 

Waste Management Division 

Xuede (Dan) Qian, Ph.D., Geotechnical Engineering Specialist 

Hazardous Waste Program Section 

Waste Management Division 

Jack Schinderle, Environmental Quality Specialist 

Hazardous Waste Program Section 

Waste Management Division 

The formal public comment period ended on December 17, 1999. The names, affiliations, and 

addresses of those persons outside of the Department who attended the public hearing and/or 

submitted written comments are included in Appendix D. 

Following the close of the formal public comment period, all comments received during the 

comment period were evaluated and the necessary revisions inco[porated into a new proposed 

administrative rules package and administrative rules report, as appropriate. Additionally, the 

Department prepared a Responsiveness Summary which outlines all of the substantive 

comments received and the Department responses thereto. A copy of the Responsiveness 

Summary is included in Appendix E. 

Formal Approvals 
The proposed administrative rules package was submitted to the LSB and the ORR for formal 

certification. The package was formally certified by the LSB on May 30, 2000, and by the ORR 

on June 19, 2000. 

Proposed Rules·More Stringent Than Federal Regulations 

The proposed administrative rules package contains some provisions which are more stringent 

than similar federal regulations. The provisions cover several general topic areas. The 

following table provides information regarding the applicable state (R 299.9) and federal (Title 

40 of the Code of Federal Regulations, 40 CFR) citations, and the related topic areas. Copies 

of the referenced federal regulatory language are included in Appendix F. 

State Citation Federal Citation Topic 

R 299.9403, R 299.9406, Not applicable Transporter permitting 

R 299.9407, R 299.9408, and registration 

and R 299.9410 

R 299.9505(1 )(d)(iii), ( e )(1), 40 CFR §§270.17(b), 270.18(c), Information to be 

(v), and (vi), and (f) and 270.21(b) included in an 

e8gineE')ring report 

R 299.9525(1) and (2) Not applicable Deed notices 

R 299.9619(6)(a)(iv) and (v) 40 CFR §264.310(a) Final cover 

specifications 

R 299.9619(6)(b) 40 CFR §264.310(a)and (b)(1) Soil erosion limits for 

final cover 

R 299.9621 (1 )(c)(vii) 40 CFR §264.19 Liner thickness and 

subgrade slope 

verification 

R 299.9635(6)( d)(ii) 40 CFR §264.552(e)(4)(ii)(B) Minimum flexible 

membrane liner 

thickness 

R 299.9708(3)(c) 40 CFR §§264.143(e)(1), Captive insurers 

264.145(e)(1), 265.143(d)(1), and 

265.145(d)(1) 

R 299.9709(1 )(a)(ii) and (iv) 40 CFR §§264.143(f)(1) and (2), Obligations covered by 

and (b )(ii) and (2) 264.145(f)(1) and (2), a financial test 

265.143(e )(1) and (2), and 

265.145(e)(1) and (2) 

R 299.9709(1)(b)(i) and 40 CFR §§264.143(f)(1 )(ii)(A), Ratings with respect to 

R 299.9711(3)(b)(i) 264.145(f)(1 )(ii)(A), senior unsecured debt 

265.143(e )( 1 )(ii)(A), and 

265.145(e )( 1 )(ii)(A) 

R 299.9709(10)(d) Not applicable Corporate guarantor 

provisions 
R 299.9711 (5) and (6) Not applicable Liability coverage 

documentation 

The basis of the above referenced provisions is protection of human health and the 

environment. The proposed revisions are necessary to provide needed clarification of existing 

administrative rules, to improve the overall quality of the administrative rules, and to provide 

consistency with other state law. In many instances, the Department has proposed revisions to 

existing state requirements that are already more stringent than existing federal requirements. 

A detailed discussion of the proposed revisions is provided in the Summary, Rationale, and 

Effect of Change Section of this report. 

Disbursement Per Headlee Constitutional Amendment, 1979 PA 101 

The proposed rules require no disbursement under the Headlee Constitutional Amendment, 

1979 PA 101. 

Regulatory Impact Statement 

A copy of the Regulatory Impact Statement prepared for the Joint Committee on Administrative 

Rules is included in Appendix G. ·