Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9306 - Conditions for exemption for small quantity generators that accumulate hazardous waste

Current through Vol. 24-12, July 15, 2024
Rule 306.
(1) A
				  small quantity generator may accumulate hazardous waste on site without an
				  operating license issued under part 111 of the act, MCL 324.11101 to 324.11153,
				  and without complying with parts 5 to 8 of these rules or the notification
				  requirements of section 3010 of RCRA, 45 USC 6930, if all of the following
				  conditions are met:
(a) The small quantity
				  generator generates in a calendar month no more than the amounts specified in
				  the definition of "small quantity generator."
(b) The small quantity generator accumulates
				  hazardous waste on site for no more than 180 days, unless the small quantity
				  generator is in compliance with the conditions for longer accumulation in
				  subrules (3) and (4) of this rule.
(c) The quantity of hazardous waste
				  accumulated on site never exceeds 6,000 kilograms.
(d) The hazardous waste is managed under 1 or
				  more of the following methods:
(i) In
				  containers and the small quantity generator complies with the containment
				  requirements of
				  40
				  CFR 264.175 if the quantity of waste
				  accumulated on site exceeds 1,000 kilograms, and with all of the following:
(A) If a container holding hazardous waste is
				  not in good condition, or if it begins to leak, the small quantity generator
				  shall immediately transfer the hazardous waste from this container to a
				  container that is in good condition and does not leak, or immediately manage
				  the waste in some other way that complies with the conditions for exemption of
				  this rule.
(B) Use a container made
				  of or lined with materials that will not react with, and are otherwise
				  compatible with, the hazardous waste to be accumulated, so that the ability of
				  the container to contain the waste is not impaired.
(C) Containers holding hazardous waste must
				  be closed at all times during accumulation, except when it is necessary to add
				  or remove waste.
(D) Containers
				  holding hazardous waste must not be opened, handled, or accumulated in a manner
				  that may rupture the container or cause it to leak.
(E) At least weekly, inspect central
				  accumulation areas looking for leaking containers and for deterioration of
				  containers caused by corrosion or other factors.
(F) All of the following special standards
				  for incompatible wastes:
(I) Incompatible
				  wastes, or incompatible wastes and materials, must not be placed in the same
				  container unless the requirements of
				  40
				  CFR 265.17(b) are
				  met.
(II) Hazardous waste must not
				  be placed in an unwashed container that previously held an incompatible waste
				  or material unless the requirements of
				  40
				  CFR 265.17(b) are
				  met.
(III) A container accumulating
				  hazardous waste that is incompatible with any waste or other materials
				  accumulated or stored nearby in other containers, piles, open tanks, or surface
				  impoundments must be separated from the other materials or protected from them
				  by means of a dike, berm, wall, or other device.
(G) Mark or label each container with all of
				  the following:
(I) The words "Hazardous
				  Waste."
(II) A description of the
				  waste or the hazardous waste number, and an indication of the hazards of the
				  contents. The indication of the hazards of the contents may include the
				  applicable hazardous waste characteristic(s), the hazard communication
				  consistent with 49 CFR part 172, subpart E or F, a hazard statement or
				  pictogram consistent with
				  29 CFR
				  1910.1200, or a chemical hazard label
				  consistent with the NFPA standard no. 704.
(III) The date upon which each period of
				  accumulation begins clearly visible for inspection on each container.
(ii) In tanks and the
				  small quantity generator complies with all of the following:
(A) Treatment or accumulation of hazardous
				  waste in tanks must comply with
				  40
				  CFR 265.17(b).
(B) Hazardous wastes or treatment reagents
				  must not be placed in a tank if they could cause the tank or its inner liner to
				  rupture, leak, corrode, or otherwise fail before the end of its intended
				  life.
(C) Uncovered tanks must be
				  operated to ensure at least 60 centimeters of freeboard, unless the tank is
				  equipped with a containment structure like a dike or trench, a drainage control
				  system, or a diversion structure like a standby tank with a capacity that
				  equals or exceeds the volume of the top 60 centimeters of the tank.
(D) If hazardous waste is continuously fed
				  into a tank, the tank must be equipped with a means to stop this
				  inflow.
(E) Except as noted in
				  subparagraph (F) of this paragraph, a small quantity generator that accumulates
				  hazardous waste in tanks must inspect, where present:
(I) Discharge control equipment at least once
				  each operating day, to ensure that it is in good working order.
(II) Data gathered from monitoring equipment
				  at least once each operating day to ensure that the tank is being operated
				  according to its design.
(III) The
				  level of waste in the tank at least once each operating day to ensure
				  compliance with subparagraph (C) of this paragraph.
(IV) The construction materials of the tank
				  at least weekly to detect corrosion or leaking of fixtures or seams.
(V) The construction materials of, and the
				  area immediately surrounding, discharge confinement structures at least weekly
				  to detect erosion or obvious signs of leakage. The small quantity generator
				  shall remedy any deterioration or malfunction of equipment or structures that
				  the inspection reveals on a schedule that ensures that the problem does not
				  lead to an environmental or human health hazard. If a hazard is imminent or has
				  already occurred, remedial action must be taken immediately.
(F) A small quantity generator
				  accumulating hazardous waste in tanks or tank systems that have full secondary
				  containment and that either use leak detection equipment to alert personnel to
				  leaks, or implement established workplace practices to ensure leaks are
				  promptly identified, shall inspect at least weekly, where applicable, the areas
				  identified in subparagraph (E)(I) to (V) of this paragraph. Use of the
				  alternate inspection schedule must be documented in the small quantity
				  generators operating record. This documentation must include a description of
				  the established workplace practices at the small quantity generator.
(G) Upon closure of the small quantity
				  generators site, that small quantity generator shall remove all hazardous waste
				  from tanks, discharge control equipment, and discharge confinement structures.
				  At closure, as throughout the operating period, unless the small quantity
				  generator can demonstrate, in accordance with
				  R
				  299.9203(3) or (5), that any waste
				  removed from its tank is not a hazardous waste, it shall manage the waste in
				  accordance with all applicable provisions of parts 3, 4, and 6 of these
				  rules.
(H) Ignitable or reactive
				  waste must not be placed in a tank, unless 1 or more of the following occurs:
(I) The waste is treated, rendered, or mixed
				  before or immediately after placement in a tank so that the resulting waste,
				  mixture, or dissolution of material no longer meets the definition of ignitable
				  or reactive waste under
				  R
				  299.9212 and
				  40
				  CFR 265.17(b) is
				  met.
(II) The waste is accumulated
				  or treated in a way that it is protected from any material or conditions that
				  may cause the waste to ignite or react.
(III) The tank is used solely for
				  emergencies.
(I) A small
				  quantity generator that treats or accumulates ignitable or reactive waste in
				  covered tanks shall comply with the buffer zone requirements for tanks
				  contained in Tables 2-1 to 2-6 of the NFPA standard no. 30.
(J) The following special conditions for
				  incompatible wastes:
(I) Incompatible wastes,
				  or incompatible wastes and materials, must not be placed in the same tank,
				  unless the requirements of
				  40
				  CFR 265.17(b) are
				  met.
(II) Hazardous waste must not
				  be placed in an unwashed tank that previously held an incompatible waste or
				  material, unless the requirements of
				  40
				  CFR 265.17(b) are
				  met.
(K) Mark or label
				  each tank with all of the following:
(I) The
				  words "Hazardous Waste."
(II) A
				  description of the waste or the hazardous waste number, and an indication of
				  the hazards of the contents. The indication of the hazards of the contents may
				  include the applicable hazardous waste characteristic(s), the hazard
				  communication consistent with 49 CFR part 172, subpart E or F, a hazard
				  statement or pictogram consistent with
				  29 CFR
				  1910.1200, or a chemical hazard label
				  consistent with the NFPA standard no. 704.
(L) Use inventory logs, monitoring equipment,
				  or other records to demonstrate that hazardous waste has been emptied within
				  180 days of first entering the tank if using a batch process, or in the case of
				  a tank with a continuous flow process, demonstrate that estimated volumes of
				  hazardous waste entering the tank daily exit the tank within 180 days of first
				  entering. The inventory logs or records must be kept onsite and readily
				  available for inspection.
(iii) Place the hazardous waste on a drip pad
				  and comply with all of the following:
(A) 40
				  CFR part 265, subpart W, except 265.445(c).
(B) The small quantity generator must remove
				  all wastes from the drip pad at least once every 90 days. Any hazardous wastes
				  that are removed from the drip pad at least once every 90 days are then subject
				  to the 180-day accumulation limit in subdivision (b) of this subrule and
				  R
				  299.9305 if hazardous wastes are being managed in
				  satellite accumulation areas before being moved to the central accumulation
				  area.
(C) The small quantity
				  generator must maintain on site the following records readily available for
				  inspection:
(I) A written description of
				  procedures that will be followed to ensure that all wastes are removed from the
				  drip pad and associated collection system at least once every 90
				  days.
(II) Documentation of each
				  waste removal, including the quantity of waste removed from the drip pad and
				  the sump or collection system and the date and time of
				  removal.
(e) The applicable requirements of 40 CFR
				  part 268.
(f) The small quantity
				  generator shall maintain and operate the small quantity generator site in a
				  manner that minimizes the possibility of a fire, explosion, or any unplanned
				  sudden or non-sudden release of hazardous waste or hazardous waste constituents
				  to air, soil, or surface water that could threaten human health or the
				  environment.
(g) All areas where
				  hazardous waste is either generated or accumulated must be equipped with all
				  the items specified in this subdivision, unless none of the hazards posed by
				  waste handled at the small quantity generators site could require a particular
				  kind of specified equipment or the actual waste generation or accumulation area
				  does not lend itself for safety reasons to have a particular kind of specified
				  equipment. A small quantity generator shall determine the most appropriate
				  locations to locate specified equipment necessary to prepare for and respond to
				  emergencies:
(i) An internal communications or
				  alarm system capable of providing immediate emergency instruction, voice or
				  signal, to small quantity generator site personnel.
(ii) A device, such as a telephone
				  immediately available at the scene of operations or a hand-held two-way radio,
				  capable of summoning emergency assistance from local police departments, fire
				  departments, or state or local emergency response teams.
(iii) Portable fire extinguishers, fire
				  control equipment, including special extinguishing equipment, such as that
				  using foam, inert gas, or dry chemicals, spill control equipment, and
				  decontamination equipment.
(iv)
				  Water at adequate volume and pressure to supply water hose streams, or foam
				  producing equipment, or automatic sprinklers, or water spray systems.
(h) All communications or alarm
				  systems, fire protection equipment, spill control equipment, and
				  decontamination equipment, where required, must be tested and maintained as
				  necessary to assure its proper operation in time of emergency.
(i) When hazardous waste is being poured,
				  mixed, spread, or otherwise handled, all personnel involved in the operation
				  shall have immediate, unimpeded access to an internal alarm or emergency
				  communication device, either directly or through visual or voice contact with
				  another employee, unless the device is not required under subdivision (g) of
				  this subrule.
(j) If there is just
				  1 employee on the premises while the small quantity generators site is
				  operating, the employee shall have immediate unimpeded access to a device, such
				  as a telephone (immediately available at the scene of operation) or a hand-held
				  two-way radio, capable of summoning external emergency assistance, unless the a
				  device is not required under subdivision (g) of this subrule.
(k) The small quantity generator shall
				  maintain aisle space to allow the unobstructed movement of personnel, fire
				  protection equipment, spill control equipment, and decontamination equipment to
				  any area of small quantity generators site operation in an emergency, unless
				  aisle space is not needed for any of these purposes.
(l) The small quantity generator shall
				  attempt to make arrangements with the local police department, fire department,
				  other emergency response teams, emergency response contractors, equipment
				  suppliers and local hospitals, taking into account the types and quantities of
				  hazardous wastes handled at the small quantity generators site. Arrangements
				  may be made with the local emergency planning committee, if it is determined to
				  be the appropriate organization with which to make arrangements. As part of
				  this coordination, the small quantity generator shall attempt to familiarize
				  these organizations with the layout of the small quantity generators site, the
				  properties of hazardous waste handled at the small quantity generators site and
				  associated hazards, places where personnel would normally be working, entrances
				  to roads inside the small quantity generators site, and possible evacuation
				  routes as well as the types of injuries or illnesses that could result from
				  fires, explosions, or releases at the small quantity generators site. If more
				  than 1 police or fire department might respond to an emergency, the small
				  quantity generator shall attempt to make arrangements designating primary
				  emergency authority to a specific fire or police department, and arrangements
				  with any others to provide support to the primary emergency authority. The
				  small quantity generator shall maintain records documenting the arrangements
				  with the local fire department as well as any other organization necessary to
				  respond to an emergency. This documentation must include documentation in the
				  operating record that either confirms the arrangements actively exist or, if no
				  arrangements exist, confirms that attempts to make the arrangements were made.
				  A small quantity generator possessing 24-hour response capabilities may seek a
				  waiver from the authority having jurisdiction over the fire code within the
				  small quantity generators state or locality as far as needing to make
				  arrangements with the local fire department as well as any other organization
				  necessary to respond to an emergency, if the waiver is documented in the
				  operating record.
(m) The small
				  quantity generator shall ensure that, at all times, there is at least 1
				  employee either on the premises or on call with the responsibility for
				  coordinating all emergency response measures specified in subdivision (p) of
				  this subrule. This employee is the emergency coordinator and, if on call, shall
				  be available to respond to an emergency by reaching the small quantity
				  generators site within a short period of time.
(n) The small quantity generator shall post
				  next to telephones or in areas directly involved in the generation and
				  accumulation of hazardous waste the name and emergency telephone number of the
				  emergency coordinator; the location of fire extinguishers and spill control
				  material, and, if present, fire alarm; and the telephone number of the fire
				  department, unless the small quantity generators site has a direct
				  alarm.
(o) The small quantity
				  generator shall ensure that all employees are thoroughly familiar with proper
				  waste handling and emergency procedures relevant to their responsibilities
				  during normal site operations and emergencies.
(p) The emergency coordinator or his or her
				  designee shall respond to any emergencies that arise. The applicable responses
				  are as follows:
(i) In the event of a fire,
				  call the fire department or attempt to extinguish it using a fire
				  extinguisher.
(ii) In the event of
				  a spill, contain the flow of hazardous waste to the extent possible, and as
				  soon as is practicable, clean up the hazardous waste and any contaminated
				  materials or soil. The containment and cleanup may be conducted either by the
				  small quantity generator or by a contractor on behalf of the small quantity
				  generator.
(iii) In the event of a
				  fire, explosion, or other release of hazardous waste or hazardous waste
				  constituents that could threaten human health or the environment or if the
				  small quantity generator has knowledge that a spill has reached surface water
				  or groundwater, the small quantity generator shall also immediately notify the
				  departments pollution emergency alerting system telephone number 800-292-4706.
				  For releases that could threaten human health outside the small quantity
				  generators site or if the small quantity generator has knowledge that a spill
				  has reached surface water, the small quantity generator shall immediately
				  notify the national response center at its 24-hour toll free number -
				  800-424-8802. The notifications must include all of the following information:
(A) The name and telephone number of the
				  person who is reporting the incident.
(B) The name, address, telephone number, and
				  site identification number of the small quantity generator.
(C) The date, time, and type of
				  incident.
(D) The name and quantity
				  of the material or materials involved and released.
(E) The extent of injuries, if any.
(F) The estimated quantity and disposition of
				  recovered materials that resulted from the incident, if any.
(G) An assessment of actual or potential
				  hazards to human health or the environment.
(H) The immediate response action
				  taken.
(q) The
				  small quantity generator ensures that the area where the waste is accumulated
				  is protected from weather, fire, physical damage, and vandals.
(r) The small quantity generator ensures that
				  hazardous waste accumulation is conducted so hazardous waste or hazardous waste
				  constituents cannot escape by gravity into the soil, directly or indirectly,
				  into surface or groundwaters, or into drains or sewers and so that fugitive
				  emissions are not in violation of part 55 of the act, MCL 324.5501 to
				  324.5542.