reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.9199 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 199. R 299.6101 to R 299.7305 of the Michigan
					 Administrative Code, appearing on pages 194 to 261 of the 1981 Annual
					 Supplement to the 1979 Michigan Administrative Code, are rescinded.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9201 - Purpose and scope

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1) This
				  part identifies only some of the materials which are hazardous wastes under
				  sections 46 and 48 of part 111 of the act. A material which is not a hazardous
				  waste identified in this part is still a hazardous waste for purposes of those
				  sections if, in the case of section 46 of part 111 of the act, the director has
				  reason to believe that the material may be a hazardous waste within the meaning
				  of section 3 of part 111 of the act, and, in the case of section 48 of part 111
				  of the act, the statutory elements are established.
(2) The explanation of waste contained in
				  this part applies only to wastes that also are hazardous for purposes of the
				  rules implementing part 111 of the act. For example, it does not apply to
				  materials such as nonhazardous scrap, paper, textiles, and rubbers that are not
				  otherwise hazardous wastes and are recycled.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9206 - Requirements for recyclable materials

Current through Vol. 24-12, July 15, 2024
Rule 206.
(1)
				  Except as provided in subrules (2) to (6) of this rule, recyclable materials
				  are subject to all of the following requirements:
(a) Generators and transporters of recyclable
				  materials are subject to the applicable requirements of parts 3 and 4 of these
				  rules.
(b) Owners or operators of
				  facilities that store recyclable materials before they are recycled are
				  regulated under all applicable provisions of parts 5, 6, 7, and 8 of these
				  rules. The recycling process itself is exempt from regulation, except as
				  provided in subdivision (d) of this subrule.
(c) Owners or operators of facilities that
				  recycle recyclable materials without storing them before they are recycled are
				  subject to the identification number requirements of
				  40 CFR
				  264.11, the manifest requirements of
				  R
				  299.9608, and the reporting requirements of
				  R
				  299.9610. The recycling process itself is exempt from
				  regulation, except as provided in subdivision (d) of this subrule.
(d) A hazardous waste management unit in
				  which recyclable materials are recycled is subject to the requirements of 40
				  CFR part 265, subparts AA and BB if the unit is located at a facility that is
				  described in
				  R 299.9601(3)(a) or
				  (b), or the requirements of
				  R 299.9630 and
				  R 299.9631 if the unit is located at
				  a facility subject to the licensing requirements specified in part 111 of the
				  act, MCL 324.11101 to 324.11153, and part 5 of these rules.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9207 - Residues of hazardous waste in empty containers

Current through Vol. 24-12, July 15, 2024
Rule 207.
(1) Any
				  hazardous waste that remains in either an empty container or an inner liner
				  which is removed from an empty container, as explained in subrules (3), (4),
				  and (5) of this rule, is not subject to regulation pursuant to the provisions
				  of parts 3 to 10 of these rules.
(2) Any hazardous waste in either a container
				  that is not empty or an inner liner which is removed from a container that is
				  not empty, as explained in subrule (3), (4), or (5) of this rule, is subject to
				  regulation pursuant to these rules.
(3) A container or an inner liner which is
				  removed from a container that has held any hazardous waste, except for a waste
				  which is a compressed gas, which is identified as an acute hazardous waste
				  listed in table 203a or 205a of this part, or which is a severely toxic
				  hazardous waste, is empty if both of the following conditions are met:
(a) All wastes have been removed that can be
				  removed using the practices commonly employed to remove materials from that
				  type of container, such as pouring, pumping, and aspirating.
(b) Not more than 2.5 centimeters (1 inch) of
				  residue remain on the bottom of the container or inner liner or either of the
				  following conditions is met:
(i) Not more than
				  3% by weight of the total capacity of the container remains in the container or
				  inner liner if the container is less than or equal to 119 gallons in
				  size.
(ii) Not more than 0.3% by
				  weight of the total capacity of the container remains in the container or inner
				  liner if the container is more than 119 gallons in size.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9208 - Criteria for identifying characteristics of hazardous waste

Current through Vol. 24-12, July 15, 2024
Rule 208.
(1) The
				  director shall identify and define a characteristic of hazardous waste in this
				  part upon finding that the administrator ha identified the characteristic based
				  on the criteria contained in the provisions of 40 C.F.R.
				  §261.10.
(2) The director
				  shall identify and define a characteristic of hazardous waste in this part in
				  addition to those identified by the administrator in the provisions of 40
				  C.F.R. part 261, subpart C, upon determining that the waste that exhibits the
				  characteristic does either of the following:
(a) Exhibits extreme toxicity to aquatic
				  life.
(b) Contains a substance
				  which can statistically be shown to cause acutely toxic; carcinogenic;
				  teratogenic; hereditary mutagenic; or severe, debilitating, irreversible,
				  adverse effects to mammals when exposed, by oral, dermal, or inhalation route,
				  once or repeatedly to levels of 100 parts per billion or less.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9209 - Criteria and procedure for listing hazardous wastes

Current through Vol. 24-12, July 15, 2024
Rule 209.
(1) The
				  director shall list a waste as a hazardous waste in this part upon finding that
				  the administrator has listed the waste as hazardous based on the criteria
				  contained in the provisions of 40 C.F.R.-261.11.
(2) The director shall evaluate a waste for
				  listing as a hazardous waste in this part, in addition to the wastes listed by
				  the administrator in the provisions of 40 C.F.R. part 261, subpart D, upon
				  determining that the waste meets any of the following criteria:
(a) The waste meets a characteristic
				  identified in R 299.9208.
(b) The
				  waste, or a material that could be a constituent of the waste, is hazardous
				  pursuant to the provisions of section 3 of part 111 of the act, but is not
				  currently listed in this part.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9210 - Removal from hazardous waste listings

Current through Vol. 24-12, July 15, 2024
Rule 210.
(1) A
				  petition may be made to the director for removal from listing in this part any
				  listed waste or hazardous waste constituent, except those determined by the
				  administrator to be hazardous in the provisions of 40 C.F.R. part 261. The
				  petition shall be accompanied by substantiating data and references taken from
				  scientific literature which challenges the validity of the data which led to
				  the waste or waste constituent listing. Data supplied shall be reviewed and
				  evaluated by the director. If the petition is granted, rule change procedures,
				  as outlined in act 306, shall be initiated for delisting of the waste or
				  constituent. If the petition is not granted, the director shall inform the
				  generator of the reasons why within 180 days of receipt of such a
				  petition.
(2) Pursuant to the
				  provisions of 40 C.F.R. --260.20 and 260.22, a petition may be made to the EPA
				  to remove from listing those wastes or constituents listed in the provisions of
				  40 C.F.R. part 261. When wastes are removed from the listing in the provisions
				  of40 C.F.R. part 261 by the EPA, the director shall initiate rule change
				  procedures, as outlined in section 28 of part 111 of the act, to remove those
				  wastes from the listing in R 299.9203.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9211 - Petitions to exclude waste produced at particular facility

Current through Vol. 24-12, July 15, 2024
Rule 211.
(1) Any
				  person seeking to exclude a waste at a particular generating facility from the
				  lists in this part shall do the following:
(a)
				  If the waste is listed in the provisions of 40 C.F.R. part 261, subpart D,
				  contains a waste listed in subpart D, or is derived from a waste listed in
				  subpart D and does not meet the criteria of paragraph (c) of this subrule,
				  petition the administrator, under the provisions of 40 C.F.R.
				  §§260.20 and 260.22, to exclude the waste at the particular
				  generating facility from the lists. If the petition is granted by the
				  administrator, the director shall do both of the following:
(i) Within 60 days of the redesignation by
				  the administrator, request any information necessary to evaluate the
				  petition.
(ii) Within 180 days of
				  receiving all information necessary to evaluate the petition, redesignate the
				  waste and impose any conditions on the redesignation necessary to protect human
				  health and the environment.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9212 - Characteristics of hazardous waste

Current through Vol. 24-12, July 15, 2024
Rule 212.
(1) A
				  waste exhibits the characteristic of ignitability and is identified by the
				  hazardous waste number D001 if a representative sample of the waste has any of
				  the following properties:
(a) It is a liquid,
				  other than an aqueous solution produced by a kraft pulp or paper mill that
				  contains less than 24% alcohol by volume or an aqueous solution that contains
				  less than 24% alcohol, by volume, as defined by section
				  211.117(a)(5)
				  to (7) of the Internal Revenue Code, 27
				  U.S.C. § 211.117(a)(5) to (7), including distilled spirits, wine, and malt
				  beverages, and has a flash point less than 60 degrees Centigrade (140 degrees
				  Fahrenheit), as determined by any of the following test methods:
(i) A Pensky-Martens closed cup tester using
				  the test method specified in ASTM standard D93-15a, which is adopted by
				  reference in
				  R
				  299.11001.
(ii) A setaflash closed cup tester using the
				  test method specified in ASTM standard D3278-96, which is adopted by reference
				  in
				  R
				  299.11001.
(iii) A standard test method for flash point
				  by continuously closed cup tester using the test method specified in ASTM
				  standard D6450-12, which is adopted by reference in
				  R
				  299.11001.
(iv) An equivalent test method approved by
				  the director, or his or her designee, pursuant to procedures in
				  R 299.9215.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9213 - Lists of hazardous wastes from nonspecific and specific sources

Current through Vol. 24-12, July 15, 2024
Rule 213.
(1) The
				  following wastes are hazardous wastes unless excluded under
				  R 299.9211:
(a) Wastes from nonspecific sources listed by
				  the administrator and identified in table 203a of these rules.
(b) Wastes from specific sources listed by
				  the administrator and identified in table 204a of these rules.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9214 - Discarded commercial chemical products, off-specification species, containers, container residues, and spill residues as hazardous wastes

Current through Vol. 24-12, July 15, 2024
Rule 214.
(1) The
				  following materials or items are hazardous wastes when they are discarded or
				  intended to be discarded as described in
				  R
				  299.9202(1)(a), when they are burned
				  for energy recovery instead of their original intended use, when they are used
				  to produce fuels instead of their intended use, when they are applied to the
				  land instead of their intended use, or when they are contained in products that
				  are applied to the land instead of their original intended use:
(a) Any commercial chemical product or
				  manufacturing chemical intermediate having the generic name in tables 205a,
				  205b, and 205c of these rules.
(b)
				  Any off-specification commercial chemical product or manufacturing intermediate
				  that, if it met specifications, would have the generic name listed in tables
				  205a, 205b, and 205c of these rules.
(c) Any residue that remains in a container
				  or in an inner liner which is removed from a container that has held any
				  commercial chemical product or manufacturing chemical intermediate having the
				  generic names listed in tables 205a, 205b, and 205c of these rules, unless the
				  container is empty as defined in
				  R 299.9207.
(d) Any residue or contaminated soil, water,
				  or other debris resulting from the cleanup of a spill into any water or on any
				  land of any commercial chemical product, a manufacturing chemical intermediate
				  having the generic name listed in tables 205a, 205b, and 205c of these rules,
				  any residue or contaminated soil, water, or other debris resulting from the
				  cleanup of a spill into any water or on any land of any off-specification
				  chemical product, and manufacturing chemical intermediate that, if it met
				  specifications, would have the generic name listed in tables 205a, 205b, and
				  205c of these rules.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9215 - Petitions for equivalent testing or analytical methods

Current through Vol. 24-12, July 15, 2024
Rule 215.
(1) Any
				  person seeking to add a testing or analytical method to these rules may
				  petition the director for a rules change under this rule.To be successful, the
				  person shall demonstrate, to the satisfaction of the director, that the
				  proposed method is equal to or superior to the corresponding method prescribed
				  in the provisions of 40 C.F.R. part 261, 264, or 265 of these rules in terms of
				  its sensitivity, accuracy, and precision.
(2) Each petition under this rule shall
				  contain that information required by the provisions of 40 C.F.R.
				  §§260.20(b) and 260.21(b).
(3) After receiving a petition for an
				  equivalent method, the director, or his or her designee, shall, within 120 days
				  of receiving the petition, request any additional information on the proposed
				  method which he or she may reasonably require to evaluate the method. If the
				  petition is granted, the director shall initiate rule change procedures under
				  act 306.
(4) The provisions of 40
				  C.F.R. §§260.20(b) and 260.21(b) are adopted by reference in R
				  299.11003.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9216 - Method of analysis

Current through Vol. 24-12, July 15, 2024
Rule 216.
(1) The
				  method of analysis specified in the provisions of appendix I of 40 C.F.R. part
				  261 shall be used to identify the hazardous constituents listed in appendices
				  VII and VIII of 40 C.F.R. part 261. Alternate methods of analysis may be used
				  if approved by the director.
(2)
				  The provisions of 40 C.F.R. part 261, appendices I, VII, and VIII are adopted
				  by reference in R 299.11003.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9217 - Table 201a

Current through Vol. 24-12, July 15, 2024
Rule 217. Table 201a reads as follows:
Table 201a
EPA Hazardous Waste Number
Chemical Abstract Services Number
Material
Extract Concentration milligrams per liter
D004
440-38-2
Arsenic
5.0
D005
7440-39-3
Barium
100.0
D018
71-43-2
Benzene
0.5
D006
7440-43-9
Cadmium
1.0
D019
56-23-5
Carbon tetrachloride
0.5
D020
57-74-9
Chlordane
0.03
D021
108-90-7
Chlorobenzene
100.0
D022
67-66-3
Chloroform
6.0
D007
7440-47-3
Chromium
5.0
D023
95-48-7
o-Cresol
200.0**
D024
108-39-4
m-Cresol
200.0**
D025
106-44-5
p-Cresol
200.0**
D026
--------
Cresol
200.0**
D016
94-75-7
2,4-D (2,4-Dichlorophenoxyacetic Acid)
10.0
D027
106-46-7
1,4-Dichlorobenzene
7.5
D028
107-06-2
1,2-Dichloroethane
0.5
D029
75-35-4
1,1-Dichloroethylene
0.7
D030
121-14-2
2,4-Dinitrotoluene
0.13*
D012
72-20-8
Endrin
								  (1,2,3,4,10,10-hexachloro-1,7-Epoxy-1,4,4a,5,6,7,8,8a octahydro-1,4-endo,
								  endo-5,8-dimenthano naphthalene)
0.02
D031
76-44-8
Heptachlor (and its Epoxide)
0.008
D032
118-74-1
Hexachlorobenzene
0.13*
D033
87-68-3
Hexachlorobutadiene
0.5
D034
67-72-1
Hexachloroethane
3.0
D008
7439-92-1
Lead
5.0
D013
58-89-9
Lindane (1,2,3,4,5,6-hexa-chlorocyclo-hexane,
								  gamma isomer)
0.4
D009
7439-97-6
Mercury
0.2
D014
72-43-5
Methoxychlor
								  (1,1,1-trichloro-2,2-bis(p-methoxyphenyl)ethane)
10.0
D035
78-93-3
Methyl ethyl ketone
200.0
D036
98-95-3
Nitrobenzene
2.0
D037
87-86-5
Pentachlorophenol
100.0
D038
110-86-1
Pyridine
5.0*
D010
7782-49-2
Selenium
1.0
D011
7440-22-4
Silver
5.0
D039
127-18-4
Tetrachloroethylene
0.7
D015
8001-35-2
Toxaphene
								  (C10H10C18,
								  Technical chlorinated camphene, 67-69% chlorine)
0.5
D040
79-01-6
Trichloroethylene
0.5
D041
95-95-4
2,4,5-Trichlorophenol
400.0
D042
88-06-2
2,4,6-Trichlorophenol
2.0
D017
93-72-1
2,4,5
-
TP Silvex
								  (2,4,5-Tri-chlorophenoxypropionic acid)
1.0
D043
75-01-4
Vinyl chloride
0.2
* Quantitation limit is greater than the calculated
					 regulatory level. The quantitation limit therefore becomes the regulatory
					 level.
**IF o-, m-, and p-Cresol concentrations cannot be
					 differentiated, the total cresol (D026) concentration is used. The regulatory
					 level of total cresol is 200 mg/l.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9219 - Table 202

Current through Vol. 24-12, July 15, 2024
Rule 219. Table 202 reads as follows:
Table 202
Michigan Hazardous Waste Number
Substance
001S
Aflatoxin
002S
2,3,7,8-Tetrachlorodibenzo-p-dioxin
003S
1,2,3,7,8-Pentrachloribenzo-p-dioxin
004S
1,2,3,4,7,8-Hexachlorodibenzo-p-dioxin
005S
1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin
006S
1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin
007S
2,3,7,8-Tetrachloridibenzo furan
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9226 - Table 205c; discarded commercial chemical products; off-specification species; container residues; and spill residues thereof as toxic hazardous wastes

Current through Vol. 24-12, July 15, 2024
Rule 226. Table 205c reads as follows:
Table 205c
Michigan Hazardous Waste Number
Chemical Abstract Services Number
Substance
Hazard Code
001U
50-76-0
Actinomycin D
002U
107-05-1
Allyl chloride
003U
117-79-3
2-aminoanthraquinone
004U
60-09-3
Aminoazobenzene
005U
97-56-3
O-aminoazotoluene
007U
132-32-1
3-amino-9-ethyl carbazole
011U
90-04-0
o-Anisidine
012U
134-29-2
o-Anisidine hydrochloride
014U
1397-94-0
Antimycin A
020U
1689-84-5
Bromoxynil
160U
106-99-0
1,3-Butadiene
023U
133-06-2
Captan
027U
786-19-6
Carbophenothion
029U
2921-88-2
Chloropyrifos
032U
7782-50-5
Chlorine gas
033U
107-07-3
2-Chloroethanol
150U
106-48-9
p-chlorophenol
036U
5131-60-2
4-chloro-m-phenylenediamine
038U
126-99-8
Chloroprene
151U
96-79-4
5-chloro-o-toluidene
040U
1420-04-8
Clonitralid
042U
56-72-4
Coumasphos
046U
66-81-9
Cycloheximide
051U
333-41-5
Diazinon
052U
117-80-6
Dichlone
054U
62-73-7
Dichlorvos
056U
64-67-5
Diethyl sulfate
165U
105-55-5
N,N'-Diethylthiourea
057U 3
9300-45-3
Dinocap
061U
563-12-2
Ethion
068U
680-31-9
Hexamethyl phosphoramide
070U
123-31-9
Hydroquinone
073U
54-85-3
Isonicotinic acid hydrazide
074U
463-51-4
Ketene
075U
78-97-7
Lactonitril
076U
21609-90-5
Leptophos
078U
569-64-2
Malachite green
079U
121-75-5
Malathion
086U
90-12-0
1-Methylnaphthalene
094U
300-76-5
Naled
097U
61-57-4
Niridazole
098U
139-94-6
Nithiazide
100U
99-59-2
Nitro-o-anisidine
104U
51-75-2
Nitrogen mustard
106U
156-10-5
p-Nitrosodiphenylamine
108U
135-20-6
N-nitroso-N-phenylhydroxylamine, ammonium
								  salt
169U
29082-74-4
Octachlorostyrene
110U
301-12-2
Oxydemeton-methyl
111U
1910-42-5
Paraquat dichloride
112U
79-21-0
Peroxyacetic acid
113U
136-40-3
Phenazopyridine hydrochloride
115U
50-06-6
Phenobarbitol
116U
57-41-0
Phenytoin
117U
630-93-3
Phenytoin sodium
118U
4104-14-7
Phosazetim
119U
732-11-6
Phosmet
124U
57-57-8
Propiolactone
127U
51-52-5
Propylthiouracil
128U
83-749-4
Rotenone
129U
57-56-7
Semicarbazide
170U
563-41-7
Semicarbazide hydrochloride
131U
100-42-5
Styrene
136U
13071-79-9
Terbufos
138U
139-65-1
4,4'-Thiodianiline
154U
56-35-9
Bis(tri-n-butyl tin) oxide
171U
688-73-3
Tributyltin (and other salts and esters)
142U
1582-09-8
Trifluralin
143U
137-17-7
2,4,5-Trimethylaniline
175U
593-60-2
Vinyl bromide
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9227 - Deletion of certain hazardous waste numbers after equipment cleaning and replacement

Current through Vol. 24-12, July 15, 2024
Rule 227.
(1)
				  Wastes from wood preserving processes at plants that do not resume or initiate
				  the use of chlorophenolic preservatives will not meet the listing description
				  of F032 once the generator has met all of the requirements of subrules (2) to
				  (5) of this rule. These wastes may, however, continue to meet another hazardous
				  waste listing description or may exhibit 1 or more of the hazardous waste
				  characteristics.
(2) Generators
				  shall either clean or replace all process equipment that may have come into
				  contact with chlorophenolic formulations or constituents thereof, including,
				  but not limited to, treatment cylinders, sumps, tanks, piping systems, drip
				  pads, fork lifts, and trams, in a manner that minimizes or eliminates the
				  escape of hazardous waste or constituents, leachate, contaminated drippage, or
				  hazardous waste decomposition products to the environment. In cleaning or
				  replacing the process equipment, the generator shall do 1 of the following:
(a) Prepare and follow a process equipment
				  cleaning plan and clean process equipment in accordance with the provisions of
				  subrule (3) of this rule.
(b)
				  Prepare and follow a process equipment replacement plan and replace process
				  equipment in accordance with the provisions of subrule (4) of this
				  rule.
(c) Document that previous
				  process equipment cleaning or replacement, or both, was performed in accordance
				  with the provisions of subrule (3) or (4), or both, of this rule and occurred
				  after cessation of the use of chlorophenolic preservatives.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9228 - Universal wastes

Current through Vol. 24-12, July 15, 2024
Rule 228.
(1) This
				  rule provides an alternate set of standards under which universal wastes may be
				  managed instead of full regulation as hazardous waste under these rules. The
				  requirements of this rule apply to the universal wastes identified in this
				  subrule and to persons managing the universal wastes. Universal wastes that are
				  not managed pursuant to this rule are subject to full regulation as hazardous
				  waste under these rules. Except as provided in subrule (2) of this rule, all of
				  the following universal wastes are exempt from full regulation as hazardous
				  waste under these rules if they are managed pursuant to the requirements of
				  this rule:
(a) A battery, including a spent
				  lead-acid battery that is not managed pursuant to
				  R 299.9804.
(b) A pesticide, including both of the
				  following:
(i) A recalled pesticide, including
				  the following:
(A) A stock of a suspended and
				  cancelled pesticide that is part of a voluntary or mandatory recall under
				  section 19(b) of the FIFRA,
				  7 USC
				  136q, including, but not limited to, a stock
				  owned by the registrant responsible for conducting the recall.
(B) A stock of a suspended or cancelled
				  pesticide, or of a pesticide that is not in compliance with the FIFRA, that is
				  part of a voluntary recall by the registrant.
(ii) A stock of an unused pesticide product
				  other than a product specified in paragraph (i) of this subdivision that is
				  collected and managed as part of a waste pesticide collection
				  program.
(c) A
				  thermostat.
(d) A mercury
				  switch.
(e) A mercury
				  thermometer.
(f) A waste device
				  that contains only elemental mercury as the hazardous waste
				  constituent.
(g) A lamp.
(h) A pharmaceutical.
(i) Consumer electronics.
(j) Antifreeze.
(k) An aerosol can.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9231 - Exclusions and exemptions for CRTs

Current through Vol. 24-12, July 15, 2024
Rule 231.
(1)
				  Used, broken CRTs are not considered wastes prior to processing if all of the
				  following conditions are met:
(a) The CRTs are
				  destined for recycling.
(b) The
				  CRTs are stored in a building with a roof, floor, and walls or are placed in a
				  container that is constructed, filled, and closed to minimize the release of
				  CRT glass, including fine solid materials, to the environment.
(c) Each container in which the CRTs are
				  contained is labeled or marked clearly with the phrase "Do not mix with other
				  glass materials" and either "Used cathode ray tube(s)-contains leaded glass" or
				  "Leaded glass from televisions or computers."
(d) The CRTs are transported in a container
				  that is constructed, filled, and closed to minimize the release of CRT glass,
				  including fine solid materials, to the environment and the container is labeled
				  in accordance with the requirements of subdivision (c) of this
				  subrule.
(e) The CRTs are not
				  speculatively accumulated or used in a manner constituting disposal. If the
				  CRTs are used in a manner constituting disposal, they shall be managed in
				  accordance with
				  R 299.9801.
(f) The requirements of
				  40
				  C.F.R. §
												261.39(a)(5)
				  if the CRTs are being exported.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9232 - Legitimate recycling of hazardous secondary materials

Current through Vol. 24-12, July 15, 2024
Rule 232.
(1) The
				  recycling of a hazardous secondary material for the purpose of exclusion or
				  exemption from the regulation as a hazardous waste must be legitimate. A
				  hazardous secondary material that is not legitimately recycled is a discarded
				  material and, therefore, a waste. In determining if the recycling is
				  legitimate, a person shall address all of the following requirements and
				  consider the requirements of subrule (2) of this rule.
(a) Legitimate recycling must involve a
				  hazardous secondary material that provides a useful contribution to the
				  recycling process or to a product or intermediate of the recycling process. A
				  hazardous secondary material provides a useful contribution if it meets 1 of
				  the following requirements:
(i) It contributes
				  a valuable ingredient to a product or intermediate.
(ii) It replaces a catalyst or carrier in the
				  recycling process.
(iii) It is the
				  source of a valuable constituent recovered in the recycling process.
(iv) It is recovered or regenerated by the
				  recycling process.
(v) It is used
				  as an effective substitute for a commercial product.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9233 - Standards applicable to hazardous secondary materials excluded under the remanufacturing exclusion

Current through Vol. 24-12, July 15, 2024
Rule 233.
(1)
				  Hazardous secondary materials excluded under the remanufacturing exclusion in
				  R
				  299.9204(1)(cc) and stored in
				  containers shall be managed in accordance with 40 C.F.R. part 261, subpart
				  I.
(2) Hazardous secondary
				  materials excluded under the remanufacturing exclusion in
				  R
				  299.9204(1)(cc) and stored or treated
				  in tank systems shall be managed in accordance with 40 C.F.R. part 261, subpart
				  J.
(3) Hazardous secondary
				  materials excluded under the remanufacturing exclusion in
				  R
				  299.9204(1)(cc) shall be managed in
				  compliance with the applicable regulations under 40 C.F.R. part 261, subparts
				  AA, BB, and CC.
The provisions of 40 C.F.R. part 261, subparts I, J, AA,
					 BB, and CC are adopted by reference in
					 R 299.11003. For the purposes of
					 this adoption, the reference "R
					 299.9204(1)(cc)" shall replace the
					 reference to "§ 261.4(a)(27)," the reference "R 299.9108" shall replace the
					 reference to "§ 260.10" with respect to tank systems, the word "director"
					 shall replace the words "regional administrator," the words "these rules" shall
					 replace the words "parts 261 through 266, 268, 270, 271, and 124 of this
					 chapter," the reference "R
					 299.11002" shall replace the reference to "§
					 260.11" with respect to NFPA documents, the words "part 5 of these rules" shall
					 replace the reference to "40 CFR part 270," the words "40 CFR part 266, subpart
					 H and
					 R 299.9808" shall replace the
					 reference to "40
					 CFR part 266, subpart H," the reference "R
					 299.11001" shall replace the reference to "§
					 260.11" with respect to APTI courses, ASTM methods and American Petroleum
					 Institute Publications, and the words "parts 1 to 8 of these rules" shall
					 replace the references to "40 CFR parts 260-266" and "40 CFR parts 260 through
					 266 of this chapter."
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section R. 299.9234 - Standards applicable to hazardous secondary materials excluded under the reclamation exclusion

Current through Vol. 24-12, July 15, 2024
Rule 234.
(1)
				  Hazardous secondary materials excluded under the reclamation exclusions in
				  R 299.9204(1)(aa) or
				  (bb) shall be managed in accordance with 40
				  C.F.R. part 261, subpart M.
The provisions of 40 C.F.R. part 261, subpart M are adopted
					 by reference in
					 R 299.11003. For the purposes of
					 this adoption, the reference "R
					 299.9204(1)(aa) or (bb)" shall
					 replace the reference to "§ 261.4(a)(23) and/or (24)," the word "director"
					 shall replace the words "regional administrator," and the words "parts 3, 4,
					 and 6 of these rules" shall replace the words "parts 262, 263, and 265 of this
					 chapter."
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9301 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 301.
(1) This
				  part establishes requirements for generators of hazardous waste. A person who
				  generates hazardous waste shall comply with all of the following independent
				  requirements:
(a) For a very small quantity
				  generator, the requirements of
				  R 299.9302(1) and
				  R
				  299.9303.
(b) For a small quantity generator, the
				  requirements of
				  R 299.9302,
				  R
				  299.9303,
				  R
				  299.9308 to
				  R
				  299.9310,
				  R
				  299.9311(1), and R
				  299.9314.
(c) For a large quantity
				  generator, the requirements of
				  R 299.9302,
				  R
				  299.9303,
				  R
				  299.9308 to
				  R 299.9312, and R
				  299.9314.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9303 - Generator category determination

Current through Vol. 24-12, July 15, 2024
Rule 303.
(1) A
				  generator shall determine its generator category. A generators category is
				  based on the amount of hazardous waste generated each month and may change from
				  month to month. This rule sets forth procedures to determine whether a
				  generator is a very small quantity generator, a small quantity generator, or a
				  large quantity generator for a particular month.
Table 1 Generator Categories Based on Quantity of Waste
					 Generated in a Calendar Month
Acute Hazardous Waste
Non-acute Hazardous Waste
Severely Toxic Hazardous Waste
Residues from Cleanup of Acute or Severely Toxic
								  Hazardous Waste
Generator Category
> 1 kg
Any amount
> 1 kg
Any amount
Large quantity generator
Any amount
>= 1,000 kg
Any amount
Any amount
Large quantity generator
Any amount
Any amount
Any amount
> 100 kg
Large quantity generator
<= 1 kg
> 100 kg and < 1,000 kg
<= 1 kg
<= 100 kg
Small quantity generator
<= 1 kg
<= 100 kg
<= 1 kg
<= 100 kg
Very small quantity generator
(2)
				  A generator who generates acute hazardous waste, non-acute hazardous waste, or
				  severely toxic hazardous waste in a calendar month shall determine its
				  generator category for that month by doing all of the following.
(a) Counting the total amount of hazardous
				  waste generated in the calendar month.
(b) Subtracting from the total any amounts of
				  waste exempt from counting as described in subrules (4) and (5) of this
				  rule.
(c) Determining the resulting
				  generator category for the hazardous waste generated using table 1 of this
				  rule.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9308 - Site identification numbers for small and large quantity generators

Current through Vol. 24-12, July 15, 2024
Rule 308.
(1) A
				  small quantity or large quantity generator shall not treat or store, dispose
				  of, or transport or offer for transportation, hazardous waste without having
				  received a site identification number from the regional administrator or the
				  regional administrator's designee.
(2) A small quantity or large quantity
				  generator who has not received a site identification number may obtain one by
				  applying to the regional administrator or the regional administrator's
				  designee. Upon receiving the request, the administrator shall assign a site
				  identification number to the generator.
(3) A small quantity or large quantity
				  generator shall not offer his or her hazardous waste to transporters or to
				  treatment, storage, or disposal facilities that have not received a site
				  identification number.
(4)
				  Applications for site identification numbers must be made on Michigan site
				  identification form EQP5150 and signed under
				  40 CFR
				  270.11(a)(1) to
				  (3).
(5) A small quantity generator shall
				  re-notify the regional administrator or the regional administrators designee
				  starting in 2021 and every 4 years thereafter. This re-notification must be
				  submitted by September 1 of each year in which the re-notifications are
				  required.
(6) A large quantity
				  generator shall re-notify the regional administrator or the regional
				  administrators designee by March 1 of each even-numbered year thereafter. A
				  large quantity generator may submit this re-notification as part of its
				  biennial report required under
				  R 299.9312.
(7) A recognized trader shall not arrange for
				  import or export of hazardous waste without having received a site
				  identification number from the regional administrator or the regional
				  administrators designee.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9309 - Exports of hazardous waste

Current through Vol. 24-12, July 15, 2024
Rule 309.
(1) A
				  small quantity or large quantity generator who transports, or offers for
				  transport, a hazardous waste for off-site treatment, storage, or disposal, or a
				  treatment, storage, or disposal facility who offers for transport a rejected
				  hazardous waste load, shall do all of the following:
(a) Prepare a manifest (OMB Control number
				  2050-0039) on EPA Form 8700-22, and if necessary, EPA Form 8700-22A.
(b) Use a manifest in accordance with
				  40 CFR
				  262.20 to
				  262.23, and
				  262.27,
				  and the instructions in the appendix to 40 CFR part 262 before transporting the
				  waste offsite.
(c) Instead of using
				  a paper manifest as specified in subdivisions (a) and (b) of this subrule,
				  prepare and use an electronic manifest in accordance with
				  40 CFR
				  3.10 and
				  262.24.
(d) Use a transporter or be a transporter, if
				  a generator transports his or her own hazardous waste, who is registered and
				  permitted under act 138 under part 4 of these rules.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9310 - Pre-transport requirements applicable to small and large quantity generators

Current through Vol. 24-12, July 15, 2024
Rule 310.
(1)
				  Before transporting hazardous waste or offering hazardous waste for
				  transportation off site, a small quantity or large quantity generator shall do
				  all of the following:
(a) Package the waste in
				  accordance with the applicable DOT regulations on packaging under 49 CFR parts
				  173, 178, and 179.
(b) Label each
				  package in accordance with the applicable DOT regulations on hazardous
				  materials under 49 CFR part 172.
(c) Mark each package of hazardous waste in
				  accordance with the applicable DOT regulations under 49 CFR part 172.
(d) Mark each container of 119 gallons or
				  less used in the transportation with the following words and information
				  displayed in accordance with
				  49 CFR
				  172.304:
(i) HAZARDOUS WASTE - Federal Law Prohibits
				  Improper Disposal. If found, contact the nearest police or public safety
				  authority or the U.S. Environmental Protection Agency.
(ii) Generator's Name and Address
				  _________________
(iii) Generator's
				  Site Identification Number ____________
(iv) Manifest Tracking Number
				  _____________________
(v) The
				  hazardous waste number identifying the waste.
(e) A generator may use a nationally
				  recognized electronic system, such as bar coding, to identify the hazardous
				  waste number, as required by subdivision (d)(v) or subdivision (f) of this
				  subrule.
(f) Lab packs that will be
				  incinerated in compliance with
				  40 CFR
				  268.42(c) are not required
				  to be marked with hazardous waste numbers, except D004, D005, D006, D007, D008,
				  D010, and D011, if applicable.
(g)
				  Placard or offer the initial transporter the appropriate placards according to
				  DOT regulations for hazardous materials under 49 CFR part 172, subpart
				  F.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9311 - Recordkeeping for small and large quantity generators

Current through Vol. 24-12, July 15, 2024
Rule 311.
(1)
				  Small and large quantity generators shall keep records supporting the hazardous
				  waste determinations made under
				  R 299.9302 for not less than 3 years
				  from the date that the waste was last sent to on-site or off-site treatment,
				  storage, or disposal.
The records must include all of the following
					 information:
(a) The type of waste and
				  the source or process from which it was produced.
(b) The chemical composition and properties
				  of the waste and the anticipated fluctuations in its chemical composition and
				  properties.
(c) The results of any
				  tests, sampling, waste analyses, or other determinations made under
				  R 299.9302.
(d) Records documenting the validity and
				  relevance of the tests, sampling, and analytical methods used, including all of
				  the following information:
(i) The sampling
				  procedure and the reasons for determining that the sample is representative of
				  the waste.
(ii) The accuracy and
				  precision of any tests conducted.
(e) The knowledge basis for the generators
				  determination if testing, sampling, and waste analyses were not
				  conducted.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9312 - Reporting for large and small quantity generators

Current through Vol. 24-12, July 15, 2024
Rule 312.
(1) A
				  generator who is a large quantity generator for at least 1 month of an
				  odd-numbered year, the reporting year, who ships any hazardous waste off-site
				  to a treatment, storage, or disposal facility within the United States shall
				  complete and submit EPA Form 8700-13 A/B to the director or the director's
				  designee by March 1 of the following even-numbered year and cover generator
				  activities during the previous year.
(2) Any generator who is a large quantity
				  generator for at least 1 month of an odd-numbered year, the reporting year, who
				  treats, stores, or disposes of hazardous waste on-site shall complete and
				  submit EPA Form 8700-13 A/B to the director or the director's designee by March
				  1 of the following even-numbered year covering those wastes in accordance with
				  parts 5 and 6 of these rules. This requirement also applies to large quantity
				  generators that receive hazardous waste from very small quantity generators
				  under
				  R
				  299.9307(6).
(3) Exports of hazardous waste to foreign
				  countries are not required on EPA Form-8700-13-A/B. A separate annual report
				  requirement is set forth in
				  40 CFR
				  262.83(g) for hazardous
				  waste exporters.
(4) Any large
				  quantity generator who does not receive a copy of the manifest with the
				  handwritten signature of the owner or operator of the designated facility
				  within 35 days of the date the waste was accepted by the initial transporter
				  shall do both of the following:
(a) Contact
				  the transporter or the owner or operator of the designated facility to
				  determine the status of the hazardous waste.
(b) If the generator has not obtained
				  confirmation that the manifest with the handwritten signature of the owner or
				  operator of the designated facility within 45 days of the date the waste was
				  accepted by the initial transporter, then the generator shall submit an
				  exception report to the director, or his or her designee, and the EPA regional
				  administrator for the region in which the generator is located. The exception
				  report must include both of the following:
(i)
				  A legible copy of the manifest for which the generator does not have
				  confirmation of delivery.
(ii) A
				  cover letter signed by the generator, or the generator's authorized
				  representative, explaining the efforts taken to locate the hazardous waste and
				  the results of those efforts.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9313 - Land disposal restrictions

Current through Vol. 24-12, July 15, 2024
Rule 313.
(1)
				  Generators of hazardous waste shall comply with the applicable requirements and
				  restrictions of 40 CFR part 268.
(2) 40 CFR part 268 is adopted by reference
				  in
				  R 299.11003. For the purposes of
				  adoption, the term "director" replaces the terms "administrator" and "assistant
				  administrator," the term "R 299.9305,
				  R
				  299.9306, and
				  R
				  299.9307" replaces the term "§§262.15,
				  262.16, and 262.17," the term "part 6 of these rules" replaces the term "parts
				  264 and 265 of this chapter," and the term "part 2 of these rules" replaces the
				  term "subparts C and D of part 261 of this chapter," except in
				  40 CFR
				  268.5,
				  268.6,
				  268.40(b),
				  268.42(b),
				  and
				  268.44(a) to
				  (g) and (i) to (o).