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. 299.9204 - Exclusions

Current through Vol. 24-12, July 15, 2024
Rule 204.
(1) The
				  following materials are not wastes for the purpose of part 111 of the act, MCL
				  324.11101 to 324.11153, and these rules:
(a)
				  Domestic sewage and any mixture of domestic sewage and other wastes that passes
				  through a sewer system to a publicly owned treatment works for treatment.
				  Domestic sewage means untreated sanitary wastes that pass through a sewer
				  system.
(b) Industrial wastewater
				  discharges that are point source discharges subject to regulation under section
				  402 of the federal clean water act,
				  33 USC
				  1342, as amended, except for discharges to
				  injection wells.
(c) Irrigation
				  return flows.
(d) Source, special
				  nuclear, or by-product material as defined by the atomic energy act of 1954,
				  42 USC
				  2011 to
				  2296b-7, as
				  amended.
(e) Materials that are
				  subjected to in-situ mining techniques and that are not removed from the ground
				  as part of the extraction process.
(f) Pulping liquors that are reclaimed in a
				  pulping liquor recovery furnace and then reused in the pulping process, unless
				  the liquors are accumulated speculatively, as defined in
				  R
				  299.9107.
(g) Spent sulfuric acid that is used to
				  produce virgin sulfuric acid provided it is not accumulated speculatively, as
				  defined in
				  R
				  299.9107.
(h) Secondary materials that are reclaimed
				  and returned to the original process or processes in which they were generated
				  and where they are reused in the production process, if all of the following
				  provisions apply:
(i) Only tank storage is
				  involved, and the entire process through completion of reclamation is closed by
				  being entirely connected with pipes or other comparable enclosed means of
				  conveyance.
(ii) The reclamation
				  does not involve controlled flame combustion, such as occurs in boilers,
				  industrial furnaces, or incinerators.
(iii) The secondary materials are not
				  accumulated in the tanks for more than 12 months without being
				  reclaimed.
(iv) The reclaimed
				  material is not used to produce a fuel and is not used to produce products that
				  are used in a manner that constitutes disposal.
(i) Spent wood preserving solutions that have
				  been reclaimed and that are reused for their original intended
				  purpose.
(j) Wastewaters from the
				  wood preserving process that have been reclaimed and that are reused to treat
				  wood.
(k) Nonwastewater splash
				  condenser dross residue from the treatment of K061 in high temperature metals
				  recovery units, if the residue, if shipped, is shipped, in containers and is
				  not land disposed before recovery.
(l) Oil-bearing hazardous secondary materials
				  such as sludges, by-products, and spent materials, that are generated at a
				  petroleum refinery (SIC code 2911) and are inserted into the petroleum refining
				  process (SIC code 2911), including distillation, catalytic cracking,
				  fractionation, or thermal cracking units, unless the material is placed on the
				  land, or accumulated speculatively before being so recycled. Materials inserted
				  into thermal cracking units are excluded under this subdivision if the coke
				  product does not exhibit a characteristic of a hazardous waste. Oil-bearing
				  hazardous secondary materials may be inserted into the same petroleum refinery
				  where they are generated, or sent directly to another refinery, and still be
				  excluded under this subdivision. Except as provided for in subdivision (m) of
				  this subrule, oil-bearing hazardous secondary materials generated elsewhere in
				  the petroleum industry are not excluded under this subdivision. Residuals
				  generated from processing or recycling materials excluded under this
				  subdivision, where the materials as generated would have otherwise met a
				  listing under
				  R 299.9213 or
				  R 299.9214, are designated as F037
				  wastes when disposed of or intended for disposal.
(m) Recovered oil that is recycled in the
				  same manner and with the same conditions as described in subdivision (l) of
				  this subrule. Recovered oil is oil that has been reclaimed from secondary
				  materials, including wastewater, generated from normal petroleum industry
				  practices, including refining, exploration and production, bulk storage, and
				  transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911,
				  4612, 4613, 4789, 4922, 4923, 5171, and 5172). Recovered oil does not include
				  oil-bearing hazardous wastes listed in part 2 of these rules. However, oil
				  recovered from oil-bearing hazardous wastes listed in part 2 of these rules may
				  be considered recovered oil. Recovered oil also does not include used oil as
				  defined in
				  R
				  299.9109.
(n) EPA hazardous waste numbers K060, K087,
				  K141, K142, K143, K144, K145, K147, and K148 and any wastes from the coke
				  by-products processes that are hazardous only because they exhibit the toxicity
				  characteristic specified in
				  R
				  299.9212 when, after generation, the materials are
				  recycled to coke ovens or to the tar recovery process as a feedstock to produce
				  coal tar or are mixed with coal tar before the tar's sale or refining. This
				  exclusion is conditioned on there being no land disposal of the wastes from the
				  point that the wastes are generated to the point that they are recycled to coke
				  ovens or tar recovery or refining processes or are mixed with coal
				  tar.
(o) Materials that are
				  reclaimed from used oil and that are used beneficially if the materials are not
				  burned for energy recovery or used in a manner that constitutes disposal of the
				  materials.
(p) Excluded scrap metal
				  that is being recycled.
(q)
				  Shredded circuit boards that are being recycled if both of the following
				  requirements are met:
(i) The shredded circuit
				  boards are stored in containers sufficient to prevent a release to the
				  environment before recovery.
(ii)
				  The shredded circuit boards are free of mercury switches, mercury relays, and
				  nickel-cadmium batteries and lithium batteries.
(r) Condensates derived from the overhead
				  gases from kraft mill steam strippers that are used to comply with
				  40 CFR
				  63.446(e). This exemption
				  applies only to combustion at the mill generating the condensates.
(s) Petrochemical recovered oil from an
				  associated organic chemical manufacturing facility, where the oil is to be
				  inserted into the petroleum refining process (SIC code 2911) along with normal
				  petroleum refinery process streams, if both the following requirements are met:
(i) The oil is hazardous only because it
				  exhibits the characteristic of ignitability as defined in
				  R
				  299.9212 or toxicity for benzene as defined in
				  R
				  299.9212 and
				  R
				  299.9217.
(ii) The oil generated by the organic
				  chemical manufacturing facility is not placed on the land or speculatively
				  accumulated before being recycled into the petroleum refining
				  process.
(t) Spent
				  caustic solutions from petroleum refining liquid treating processes used as a
				  feedstock to produce cresylic or naphthenic acid unless the material is placed
				  on the land or speculatively accumulated.
(u) Before reuse, the wood preserving
				  wastewaters and spent wood preserving solutions described in subdivisions (i)
				  and (j) of this subrule if all of the following requirements are met:
(i) The wood preserving wastewaters and spent
				  wood preserving solutions are reused on site at water borne plants in the
				  production process for their original intended use.
(ii) Before reuse, the wastewaters and spent
				  wood preserving solutions are managed to prevent releases to either the land or
				  groundwater or both.
(iii) Units
				  used to manage wastewaters or spent wood preserving solutions before reuse can
				  be visually or otherwise determined to prevent releases to either land or
				  groundwater.
(iv) Drip pads used to
				  manage the wastewaters or spent wood preserving solutions before reuse are in
				  compliance with 40 CFR part 265, subpart W regardless of whether the plant
				  generates a total of less than 1,000 kilograms per month of hazardous
				  waste.
(v) Before operating under
				  this exclusion, the plant owner or operator complies with all of the following
				  requirements; otherwise the exclusion shall not apply:
(A) Submits a 1-time notification to the
				  director stating that the plant intends to claim the exclusion, giving the date
				  on which the plant intends to begin operating under the exclusion, and
				  containing the following language: "I have read the applicable regulation
				  establishing an exclusion for wood preserving wastewaters and spent wood
				  preserving solutions and understand it requires me to comply at all times with
				  the conditions set out in the regulations."
(B) The owner or operator maintains a copy of
				  the 1-time notification required under paragraph (v) of this subdivision in its
				  on-site records until closure of the facility.
(C) If the plant voids the exclusion by not
				  complying with the exclusion conditions and wishes to have its wastes excluded
				  again, it shall apply to the director for reinstatement. The director may
				  reinstate the exclusion upon finding that the plant has returned to compliance
				  with all of the conditions and that violations are not likely to
				  recur.
(v)
				  Spent materials, other than hazardous waste listed under
				  R 299.9213 or
				  R 299.9214, that are generated
				  within the primary mineral processing industry from which minerals, acids,
				  cyanide, water, or other values are recovered by mineral processing or by
				  beneficiation if all of the following requirements are met:
(i) The spent material is legitimately
				  recycled to recover minerals, acids, cyanide, water, or other values.
(ii) The spent material is not speculatively
				  accumulated.
(iii) Except as
				  provided under paragraph (iv) of this subdivision, the spent material is stored
				  in tanks, containers, or buildings that meet the following requirements as
				  applicable:
(A) If using a building, the
				  building must be an engineered structure with a floor, walls, and a roof all of
				  which are made of non-earthen materials providing structural support, except
				  smelter buildings which may have partially earthen floors provided that the
				  spent material is stored on the non-earthen portion, have a roof that is
				  suitable for diverting rainwater away from the foundation, and be designed,
				  constructed, and operated to prevent significant releases of the material to
				  the environment.
(B) If using a
				  tank, the tank must be free standing, not meet the definition of a surface
				  impoundment, be manufactured of a material suitable for containment of its
				  contents, be operated in a manner that controls fugitive dust if the tank
				  contains any particulate that may be subject to wind dispersal, and be
				  designed, constructed, and operated to prevent significant releases of the
				  material to the environment.
(C) If
				  using a container, the container must be free standing and be manufactured of a
				  material suitable for containment of its contents, be operated in a manner that
				  controls fugitive dust if the container contains any particulate that may be
				  subject to wind dispersal, and be designed, constructed, and operated to
				  prevent significant releases of the material to the environment.
(iv) The spent materials are
				  placed on pads if all of the following requirements are met:
(A) The solid mineral processing spent
				  materials do not contain any free liquid.
(B) The pad is designed, constructed, and
				  operated to prevent significant releases of the spent material into the
				  environment.
(C) The pad provides
				  the same degree of containment afforded by non-RCRA tanks, containers, and
				  buildings eligible for this exclusion.
(D) The pad is designed of non-earthen
				  material that is compatible with the chemical nature of the mineral processing
				  spent material.
(E) The pad is
				  capable of withstanding physical stresses associated with placement and
				  removal.
(F) The pad has
				  run-on/run-off controls.
(G) The
				  pad is operated in a manner that controls fugitive dust.
(H) The integrity of the pad is ensured
				  through inspections and maintenance programs.
(I) The director makes a site-specific
				  determination that the materials may be placed on a pad rather than in tanks,
				  containers, or buildings. In making a determination, the director shall
				  consider whether storage on a pad poses the potential for significant releases
				  via groundwater, surface water, and air exposure pathways. When assessing the
				  groundwater, surface water, and air exposure pathways, the director shall
				  consider the volume and physical and chemical properties of the spent material,
				  including its potential for migration off of the pad, the potential for human
				  or environmental exposure to hazardous constituents migrating from the pad via
				  each exposure pathway, and the possibility and extent of harm to human and
				  environmental receptors via each exposure pathway. Before making a
				  determination, the director shall provide notice and the opportunity for
				  comment to all persons potentially interested in the determination. Notice may
				  be accomplished by placing notice of the action in major local newspapers or
				  broadcasting notice over local radio stations.
(v) The owner or operator provides notice to
				  the director that provides the following information and is updated if there is
				  a change in the type of materials recycled or the location of the recycling
				  process:
(A) The types of materials to be
				  recycled.
(B) The type and location
				  of storage units and recycling processes.
(C) The annual quantities expected to be
				  placed in land-based units.
(vi) For the purposes of the exclusion under
				  R 299.9204(2)(i), mineral processing spent materials must be the result of
				  mineral processing and may not include any hazardous wastes listed under
				  R 299.9213 or
				  R 299.9214. Listed hazardous wastes
				  and characteristic hazardous waste generated by non-mineral processing
				  industries are not eligible for the conditional exclusion from the definition
				  of waste.
(w) Hazardous
				  secondary materials used to make zinc fertilizers, if the following conditions
				  are met:
(i) Hazardous secondary materials
				  used to make zinc micronutrient fertilizers must not be accumulated
				  speculatively.
(ii) Generators and
				  intermediate handlers of zinc-bearing hazardous secondary materials that are to
				  be incorporated into zinc fertilizers shall comply with all of the following
				  requirements:
(A) Submit a 1-time notice to
				  the director that contains the name, address, and site identification number of
				  the generator or intermediate handler facility, provides a brief description of
				  the secondary material that will be subject to the exclusion, and identifies
				  when the manufacturer intends to begin managing excluded, zinc-bearing
				  hazardous secondary materials under the conditions of this
				  subdivision.
(B) Store the excluded
				  secondary material in buildings, tanks, or containers that are constructed and
				  maintained in a way that prevents releases of the secondary materials into the
				  environment. At a minimum, any building used for this purpose must be an
				  engineered structure made of non-earthen materials that provide structural
				  support, and must have a floor, walls, and a roof that prevent wind dispersal
				  and contact with rainwater. Tanks used for this purpose must be structurally
				  sound and, if outdoors, must have roofs or covers that prevent contact with
				  wind and rain. Containers that are used for this purpose must be kept closed
				  except when it is necessary to add or remove material, and must be in sound
				  condition. Containers that are stored outdoors must be managed within storage
				  areas that have containment structures or systems sufficiently impervious to
				  contain leaks, spills, and accumulated precipitation; provide for effective
				  drainage and removal of leaks, spills, and accumulated precipitation; and
				  prevent run-on into the containment system.
(C) With each off-site shipment of excluded
				  hazardous secondary materials, provide written notice to the receiving facility
				  that the material is subject to the conditions of this subdivision.
(D) Maintain at the generator's or
				  intermediate handler's facility for not less than 3 years records of all
				  shipments of excluded hazardous secondary materials. At a minimum, the records
				  for each shipment must include the name of the transporter, the date of the
				  shipment, the name and address of the facility that received the excluded
				  material, documentation confirming receipt of the shipment, and the type and
				  quantity of excluded secondary material in each shipment.
(iii) Manufacturers of zinc fertilizers or
				  zinc fertilizer ingredients made from excluded hazardous secondary materials
				  shall comply with all of the following requirements:
(A) Store excluded hazardous secondary
				  material under the storage requirements for generators and intermediate
				  handlers, as specified in paragraph (ii) of this subdivision.
(B) Submit a 1-time notification to the
				  director which contains the name, address, and site identification number of
				  the manufacturing facility and identifies when the manufacturer intends to
				  begin managing excluded, zinc-bearing hazardous secondary materials under the
				  conditions of this subdivision.
(C)
				  Maintain for not less than 3 years records of all shipments of excluded
				  hazardous secondary materials received by the manufacturer. At a minimum, the
				  records for each shipment must include the name and address of the generating
				  facility, the name of the transporter, the date the materials were received,
				  the quantity of materials received, and a brief description of the industrial
				  process that generated the material.
(D) Submit to the director an annual report
				  that identifies the total quantities of all excluded hazardous secondary
				  materials that were used to manufacture zinc fertilizers or zinc fertilizer
				  ingredients in the previous year, the name and address of each generating
				  facility, and the industrial process from which they were generated.
(iv) Nothing in this subdivision
				  preempts, overrides, or otherwise negates the requirements of
				  R 299.9302, which requires any
				  person who generates a waste to determine if the waste is a hazardous
				  waste.
(v) Interim status and
				  licensed storage units that have been used to store only zinc-bearing hazardous
				  wastes before the submission of the 1-time notice described in paragraph (ii)
				  of this subdivision, and that afterward will be used only to store hazardous
				  secondary materials excluded under this subdivision, are not subject to the
				  closure requirements of part 6 of these rules.
(x) Zinc fertilizers made from hazardous
				  wastes, or hazardous secondary materials that are excluded under subdivision
				  (w) of this subrule, if the following conditions are met:
(i) The fertilizers meet the following
				  contaminant limits, established as the maximum allowable total concentration in
				  fertilizer per 1% of zinc, for metal contaminants:
(A) Arsenic, 0.3 parts per million.
(B) Cadmium, 1.4 parts per million.
(C) Chromium, 0.6 parts per
				  million.
(D) Lead, 2.8 parts per
				  million.
(E) Mercury, 0.3 parts per
				  million.
(ii) The
				  fertilizers meet the contaminant limit for dioxin contaminants of not more than
				  8 parts per trillion of dioxin, measured as toxic equivalent.
(iii) The manufacturer performs sampling and
				  analysis of the fertilizer product to determine compliance with the contaminant
				  limits for metals not less than every 6 months, and for dioxins not less than
				  every 12 months. Testing must also be performed when changes occur to
				  manufacturing processes or ingredients that could significantly affect the
				  amounts of contaminants in the fertilizer product. The manufacturer may use any
				  reliable analytical methods to demonstrate that no constituent of concern is
				  present in the product at concentrations above the applicable limits. The
				  manufacturer shall ensure that the sampling and analysis are unbiased, precise,
				  and representative of the products introduced into commerce.
(iv) The manufacturer maintains for not less
				  than 3 years records of all sampling and analysis performed for the purposes of
				  determining compliance with the requirements of paragraph (iii) of this
				  subdivision. At a minimum, the records must include all of the following:
(A) The dates and times product samples were
				  taken, and the dates the samples were analyzed.
(B) The names and qualifications of the
				  persons taking the samples.
(C) A
				  description of the methods and equipment used to take the samples.
(D) The name and address of the laboratory
				  facility at which analyses of the samples were performed.
(E) A description of the analytical methods
				  used, including any cleanup and sample preparation methods.
(F) All laboratory analytical results used to
				  determine compliance with the contaminant limits specified in paragraphs (i)
				  and (ii) of this subdivision.
(y) Used CRTs that meet any of the following
				  requirements:
(i) Used, intact CRTs unless
				  they are disposed or are speculatively accumulated by CRT collectors or glass
				  processors.
(ii) Used, intact CRTs
				  when exported for recycling if they meet the requirements of
				  R
				  299.9231(5).
(iii) Used, broken CRTs if they meet the
				  requirements of
				  R
				  299.9231(1) and (2).
(iv) Glass removed from CRTs if it meets the
				  requirements of
				  R
				  299.9231(3).
(z) Solvent-contaminated wipes that are sent
				  for cleaning and reuse are not wastes at the point of generation if all of the
				  following requirements are met:
(i) The wipes,
				  when accumulated, stored, and transported, are contained in non-leaking, closed
				  containers that are labeled "Excluded Solvent-Contaminated Wipes." The
				  containers must be able to contain free liquids, if free liquids occur. During
				  accumulation, a container is considered closed if there is complete contact
				  between the fitted lid and the rim, except when it is necessary to add or
				  remove wipes. If the container is full, the wipes are no longer being
				  accumulated, or the container is being transported, the container must be
				  sealed with all lids properly and securely affixed to the container and all
				  openings tightly bound or closed sufficiently to prevent leaks and
				  emissions.
(ii) The wipes must not
				  be accumulated by the generator for more than 180 days from the start date of
				  accumulation for each container before being sent for cleaning.
(iii) At the point of being sent for cleaning
				  on-site or at the point of being transported off-site for cleaning, the wipes
				  must contain no free liquids.
(iv)
				  Free liquids removed from the wipes or from the container holding the wipes
				  must be managed in accordance with these rules.
(v) Generators shall maintain at their site
				  all of the following:
(A) The name and address
				  of the laundry or dry cleaner that is receiving the wipes.
(B) Documentation that the 180-day
				  accumulation time limit in paragraph (ii) of this subdivision is being
				  met.
(C) A description of the
				  process the generator is using to ensure that the wipes contain no free liquids
				  at the point of being laundered or dry cleaned on-site or at the point of being
				  transported off-site for laundering or dry cleaning.
(vi) The wipes are sent to a laundry or dry
				  cleaner whose discharge, if any, is regulated under sections 301 and 402 or
				  section 307 of the federal clean water act,
				  33 USC 1311,
				  1341, and
				  1317.
(aa) Hazardous secondary material that is
				  generated and legitimately reclaimed within the United States or its
				  territories and under the control of the generator, if all of the following
				  requirements are met:
(i) The hazardous
				  secondary material is generated and reclaimed in accordance with any of the
				  following conditions:
(A) It is reclaimed at
				  the generating facility. For the purpose of this requirement, the generating
				  facility means all contiguous property owned, leased, or otherwise controlled
				  by the hazardous secondary material generator.
(B) It is reclaimed at a different facility
				  that is controlled by the generator, and the generator provides the following
				  certification to the department: "On behalf of [insert generating facility
				  name], I certify that this facility will send the indicated hazardous secondary
				  material to [insert reclaiming facility name], which is controlled by [insert
				  generating facility name] and that [insert name of either generating or
				  reclaiming facility name] has acknowledged full responsibility for the safe
				  management of the secondary hazardous material."
(C) It is reclaimed at a different facility
				  and both the generating facility and the reclaiming facility are controlled by
				  the same person, and the generator provides the following certification to the
				  department: "On behalf of [insert generating facility name], I certify that
				  this facility will send the indicated hazardous secondary material to [insert
				  reclaiming facility name], that both facilities are under common control, and
				  that [insert name of either generating or reclaiming facility name] has
				  acknowledged full responsibility for the safe management of the secondary
				  hazardous material." For the purpose of this requirement, "control" means the
				  power to direct the policies of the facility, whether by the ownership of
				  stock, voting rights, or otherwise, except that contractors who operate
				  facilities on behalf of a different person shall not be considered to "control"
				  the facilities. The generating and reclaiming facilities must both maintain at
				  their facilities for not less than 3 years records of hazardous secondary
				  materials sent or received under this exclusion. In both cases, the records
				  must contain the name of the transporter, the date of the shipment, and the
				  type and quantity of the hazardous secondary material shipped or received under
				  this exclusion. These requirements may be satisfied by routine business records
				  such as financial records, bills of lading, copies of DOT shipping papers, or
				  electronic confirmations of receipt.
(D) The hazardous secondary material is
				  generated under a written contract between a tolling contractor and a toll
				  manufacturer and is reclaimed by the tolling contractor if the tolling
				  contractor certifies the following: "On behalf of [insert tolling contractor
				  name], I certify that [insert tolling contractor name] has a written contract
				  with [insert toll manufacturer name] to manufacture [insert name of product or
				  intermediate] which is made from specified unused materials, and that [insert
				  tolling contractor name] will reclaim the hazardous secondary materials
				  generated during this manufacture. On behalf of [insert tolling contractor
				  name], I also certify that [insert tolling contractor name] retains ownership
				  of, and responsibility for, the hazardous secondary materials that are
				  generated during the manufacture, including any releases of hazardous secondary
				  materials that occur during the manufacturing process." The tolling contractor
				  shall maintain at its facility for not less than 3 years records of hazardous
				  secondary materials received under its written contract with the toll
				  manufacturer, and the toll manufacturer shall maintain at its facility for not
				  less than 3 years records of hazardous secondary materials shipped under its
				  written contract with the tolling contractor. In both cases, the records must
				  contain the name of the transporter, the date of the shipment, and the type and
				  quantity of the hazardous secondary materials shipped or received under the
				  written contract. These requirements may be satisfied by routine business
				  records such as financial records, bills of lading, copies of DOT shipping
				  papers, or electronic confirmations of receipt. For the purpose of this
				  requirement, "tolling contractor" means a person who arranges for the
				  production of a product or intermediate made from specified unused materials
				  through a written contract with a toll manufacturer and "toll manufacturer"
				  means a person who produces a product or intermediate made from specified
				  unused materials under a written contract with a tolling contractor.
(ii) The hazardous secondary
				  material is contained. A hazardous secondary material that is released to the
				  environment is discarded and a waste unless it is immediately recovered for
				  reclamation. Hazardous secondary material managed in a unit with leaks or other
				  continuing or intermittent unpermitted releases is discarded and a
				  waste.
(iii) The hazardous
				  secondary material is not speculatively accumulated.
(iv) A notification is provided in accordance
				  with
				  40 CFR
				  260.42.
(v) The hazardous secondary material is not
				  otherwise subject to material-specific management conditions under this subrule
				  when reclaimed, and it is not a spent lead-acid battery.
(vi) A person performing the recycling of
				  hazardous secondary materials under this exclusion shall maintain documentation
				  of their legitimacy determination on-site. The documentation must include a
				  written description of how the recycling meets all 3 factors in
				  R 299.9232 and be maintained for 3
				  years after the recycling operation has ceased.
(vii) The emergency preparedness and response
				  requirements of
				  R 299.9234.
(bb) Hazardous secondary material that is
				  generated and then transferred to another person for reclamation if all of the
				  following requirements are met:
(i) The
				  hazardous secondary material is not speculatively accumulated.
(ii) The hazardous secondary material is not
				  handled by any person or facility other than the hazardous secondary material
				  generator, the transporter, an intermediate facility, or a reclaimer, and while
				  in transport, is not stored for more than 10 days at a transfer facility and is
				  packaged in accordance with applicable DOT regulations in 49 CFR parts 173,
				  178, and 179.
(iii) The hazardous
				  secondary material is not otherwise subject to material-specific management
				  conditions under this subrule when reclaimed, and it is not a spent lead-acid
				  battery.
(iv) The reclamation of
				  the hazardous secondary material is legitimate as outlined in
				  R 299.9232.
(v) The hazardous secondary material
				  generator meets all of the following conditions:
(A) The hazardous secondary material is
				  contained. A hazardous secondary material that is released to the environment
				  is discarded and a waste unless it is immediately recovered for the purpose of
				  recycling. Hazardous secondary material managed in a unit with leaks or other
				  continuing or intermittent unpermitted releases is discarded and a
				  waste.
(B) Before arranging for
				  transport of hazardous secondary materials to a reclamation facility or
				  facilities where the management of the hazardous secondary materials is not
				  addressed under an operating license issued under these rules or by the interim
				  status standards in part 6 of these rules, the hazardous secondary material
				  generator shall make reasonable efforts to ensure that each reclaimer intends
				  to properly and legitimately reclaim the hazardous secondary material and not
				  discard it, and that each reclaimer will manage the hazardous secondary
				  material in a manner that is protective of human health and the environment. If
				  the hazardous secondary material will be passing through an intermediate
				  facility where the management of the hazardous secondary material is not
				  addressed under an operating license issued under these rules or by the interim
				  status standards under part 6 of these rules, the hazardous secondary material
				  generator shall make contractual arrangements with the intermediate facility to
				  ensure that the material is sent to the reclamation facility identified by the
				  generator, and make reasonable efforts to ensure that the intermediate facility
				  will manage the hazardous secondary material in a manner that is protective of
				  human health and the environment. The hazardous secondary material generator
				  shall repeat these reasonable efforts every 3 years at a minimum to claim the
				  exclusion and send the hazardous secondary materials to each reclaimer and any
				  intermediate facility. In making these reasonable efforts, the hazardous
				  material generator may use any credible evidence available, including
				  information gathered by the generator, provided by the reclaimer or
				  intermediate facility, or provided by a third party. The hazardous secondary
				  material generator shall confirm that all of the following requirements are met
				  for each reclamation facility and any intermediate facility:
(I) The available information indicates that
				  the reclamation process is legitimate under
				  R 299.9232. In evaluating this
				  requirement, the hazardous secondary material generator may rely on their
				  existing knowledge of the physical and chemical properties of the hazardous
				  secondary material, as well as information from other sources about the
				  reclamation process.
(II) The
				  publicly available information indicates that the reclamation facility and any
				  intermediate facility used by the hazardous secondary material generator has
				  notified the appropriate authorities of the hazardous secondary materials
				  reclamation activities under
				  40 CFR
				  260.42, and that the financial assurance
				  requirements of paragraph (vi)(F) of this subdivision have been satisfied. In
				  evaluating this requirement, the hazardous secondary material generator may
				  rely on the available information documenting the reclamation facilitys and any
				  intermediate facilitys compliance with the notification requirements of
				  40 CFR
				  260.42, including the requirement in
				  40 CFR
				  260.42(a)(5).
(III) The publicly available information
				  indicates that the reclamation facility or any intermediate facility used by
				  the hazardous secondary material generator has not had a formal enforcement
				  action taken against the facility in the previous 3 years for violations of
				  part 111 of the act, MCL 324.11101 to 324.11153, and these rules and has not
				  been classified as a significant non-complier under RCRA. In evaluating this
				  requirement, the hazardous secondary material generator may rely on the
				  publicly available information from this state or the EPA. If the reclamation
				  facility or any intermediate facility that is used by the hazardous secondary
				  material generator has had a formal enforcement action taken against the
				  facility in the previous 3 years for violations of part 111 of the act, MCL
				  324.11101 to 324.11153, and these rules, the generator must have credible
				  evidence that the facility will manage the hazardous secondary materials in
				  accordance with the applicable regulations. The hazardous secondary material
				  generator may obtain additional information from this state, the EPA, or the
				  facility itself that the facility has addressed the violations, taken remedial
				  steps to address the violations and prevent future violations, or that the
				  violations are not relevant to the proper management of the hazardous secondary
				  materials.
(IV) The publicly
				  available information indicates that the reclamation facility or any
				  intermediate facility used by the hazardous secondary material generator has
				  the equipment and trained personnel to safely recycle the hazardous secondary
				  material. In evaluating this requirement, the hazardous secondary material
				  generator may rely on a description by the reclamation facility or by an
				  independent third party of the equipment and trained personnel to be used to
				  recycle the generators hazardous secondary material.
(V) If residuals are generated from the
				  reclamation of the excluded hazardous secondary materials, the reclamation
				  facility shall have the licenses required, if any, to manage the residuals. If
				  the reclamation facility does not have the required licenses, the facility
				  shall have a contract with an appropriately licensed facility to dispose of the
				  residuals. If the reclamation facility does not have the required licenses or
				  contracts, the hazardous secondary material generator shall alternatively have
				  credible evidence that the residuals will be managed in a manner that is
				  protective of human health and the environment. In evaluating these
				  requirements, the hazardous secondary material generator may rely on publicly
				  available information from this state or the EPA, or information provided by
				  the facility itself.
(C)
				  The hazardous secondary material generator shall maintain at the generating
				  facility for not less than 3 years documentation and certification that
				  reasonable efforts were made for each reclamation facility and, if applicable,
				  intermediate facility where the management of the hazardous secondary material
				  is not addressed under an operating license issued under these rules or by the
				  interim status standards of part 6 of these rules before transferring hazardous
				  secondary material. The documentation and certification must be made available
				  upon request by the department within 72 hours, or within a longer period of
				  time as approved by the department. The certification statement must include
				  all of the following information:
(I) The
				  printed and official title of an authorized representative of the hazardous
				  secondary material generator company, the authorized representatives signature,
				  and the date signed.
(II) The
				  following language: "I hereby certify in good faith and to the best of my
				  knowledge that, before arranging for transport of excluded hazardous secondary
				  materials to [insert name(s) of reclamation facility and any intermediate
				  facility], reasonable efforts were made in accordance with R
				  299.9204(1)(bb)(v)(B) to ensure that the hazardous secondary materials would be
				  recycled legitimately, and otherwise managed in a manner that is protective of
				  human health and the environment, and that the efforts were based on current
				  and accurate information."
(D) The hazardous secondary material
				  generator shall maintain at the generator facility for not less than 3 years
				  records of all off-site shipments of hazardous secondary materials. For each
				  shipment, these records must, at a minimum, contain all of the following
				  information:
(I) The name of the transporter
				  and date of the shipment.
(II) The
				  name and address of each reclaimer and, if applicable, the name and address of
				  each intermediate facility to which the hazardous secondary material was
				  sent.
(III) The type and quantity
				  of hazardous secondary material in the shipment.
(E) The hazardous secondary material
				  generator shall maintain for not less than 3 years confirmations of receipt
				  from each reclaimer and, if applicable, each intermediate facility for all
				  off-site shipments of hazardous secondary materials.
(F) The emergency preparedness and response
				  requirements of
				  R 299.9234.
(vi) Reclaimers of hazardous secondary
				  material excluded from regulation under this exclusion and intermediate
				  facilities meet all of the following conditions:
(A) The reclaimer and intermediate facility
				  shall maintain at its facility for not less than 3 years records of all
				  shipments of hazardous secondary material that were received at the facility
				  and, if applicable, for all shipments of hazardous secondary material that were
				  received and subsequently sent off-site from the facility for further
				  reclamation. For each shipment, these records must, at a minimum, include the
				  name of the transporter and date of the shipment, the name and address of the
				  hazardous secondary material generator and, if applicable, the name and address
				  of the reclaimer or intermediate facility which the hazardous secondary
				  material was received from, the type and quantity of hazardous secondary
				  material in the shipment, and for hazardous secondary materials that, after
				  being received by the reclaimer or intermediate facility, were subsequently
				  transferred off-site for further reclamation, the name and address of the
				  subsequent reclaimer, and if applicable, the name and address of each
				  intermediate facility to which the hazardous secondary material was
				  sent.
(B) The intermediate facility
				  shall send the hazardous secondary material to the reclaimer or reclaimers
				  designated by the hazardous secondary material generator.
(C) The reclaimer and intermediate facility
				  shall send the hazardous secondary material generator confirmations of receipt
				  for all off-site shipments of hazardous secondary material. Confirmations of
				  receipt must include the name and address of the reclaimer or intermediate
				  facility, the type and quantity of hazardous secondary material received, and
				  the date that the hazardous secondary material was received. This requirement
				  may be satisfied by routine business records such as financial records, bills
				  of lading, copies of DOT shipping papers, or electronic confirmations of
				  receipt.
(D) The reclaimer and
				  intermediate facility shall manage the hazardous secondary material in a manner
				  that is at least as protective as that employed for analogous raw material and
				  that is contained. An "analogous raw material" is a raw material for which a
				  hazardous secondary material is a substitute and serves the same function and
				  has similar physical and chemical properties as the hazardous secondary
				  material.
(E) Any residuals that
				  are generated from reclamation processes must be managed in a manner that is
				  protective of human health and the environment. If any residuals exhibit a
				  hazardous characteristic according to part 2 of these rules, or they themselves
				  are specifically listed in part 2 of these rules, the residuals are hazardous
				  waste and must be managed in accordance with the applicable requirements of
				  these rules.
(F) The reclaimer and
				  intermediate facility shall have financial assurance as required under part 7
				  of these rules.
(G) The reclaimer
				  and intermediate facility shall have an operating license issued under these
				  rules or comply with the interim status standards under part 6 of these rules
				  that address the management of the hazardous secondary materials.
(vii) All persons claiming the
				  exclusion under this subdivision shall provide notification as required under
				  40 CFR
				  260.42.
(cc) Hazardous secondary material that is
				  generated and then transferred to another person for remanufacturing if all of
				  the following requirements are met:
(i) The
				  hazardous secondary material consists of 1 or more of the following spent
				  solvents:
(A) Toluene.
(B) Xylenes.
(C) Ethylbenzene.
(D) 1,2,4-trimethylbenzene.
(E) Chlorobenzene.
(F) n-hexane.
(G) Cyclohexane.
(H) Methyl tert-butyl ether.
(I) Acetonitrile.
(J) Chloroform.
(K) Chloromethane.
(L) Dichloromethane.
(M) Methyl isobutyl ketone.
(N) NN-dimethylformamide.
(O) Tetrahydrofuran.
(P) n-butyl alcohol.
(Q) Ethanol.
(R) Methanol.
(ii) The hazardous secondary material
				  originated from using 1 or more of the solvents listed in paragraph (i) of this
				  subdivision in a commercial grade for reacting, extracting, purifying, or
				  blending chemicals, or for rinsing out the process lines associated with these
				  functions, in the pharmaceutical manufacturing (NAICS 325412), basic organic
				  chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS
				  325211), or paints and coatings manufacturing (NAICS 325510) sectors.
(iii) The hazardous secondary material
				  generator sends the hazardous secondary material spent solvents listed in
				  paragraph (i) of this subdivision to a remanufacturer in the pharmaceutical
				  manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS
				  325199), plastics and resins manufacturing (NAICS 325211), or paints and
				  coatings manufacturing (NAICS 325510) sectors.
(iv) After manufacturing 1 or more of the
				  solvents listed in paragraph (i) of this subdivision, the use of the
				  remanufactured solvent is limited to reacting, extracting, purifying, or
				  blending chemicals, or for rinsing out the process lines associated with these
				  functions, in the pharmaceutical manufacturing (NAICS 325412), basic organic
				  chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS
				  325211), or paints and coatings manufacturing (NAICS 325510) sectors or to
				  using them as ingredients in a product. These allowed uses correspond to
				  chemical functional uses enumerated under the chemical data reporting rules of
				  the toxic substances control act, 40 CFR parts 704, 710, and 711, including
				  industrial function codes U015 (solvents consumed in a reaction to produce
				  other chemicals and U030 (solvents become part of the mixture).
(v) After remanufacturing 1 or more of the
				  solvents listed in paragraph (i) of this subdivision, the use of the
				  remanufactured solvent does not involve cleaning or degreasing oil, grease, or
				  similar material from textiles, glassware, metal surfaces or other articles.
				  These disallowed continuing uses correspond to chemical functional uses in
				  industrial function code U029 under the chemical data reporting rule of the
				  toxic substances control act.
(vi)
				  Both the hazardous secondary material generator and the remanufacturer shall do
				  all of the following:
(A) Notify the EPA or
				  the director and update the notification every 2 years under
				  40 CFR
				  260.42.
(B) Develop and maintain an up-to-date
				  remanufacturing plan that identifies all of the following:
(I) The name, address, and site
				  identification number of the generator and the remanufacturer.
(II) The types and estimated annual volumes
				  of spent solvents to be remanufactured.
(III) The processes and industry sectors that
				  generate the spent solvents.
(IV)
				  The specific uses and industry sectors for the remanufactured
				  solvents.
(V) A certification
				  statement from the remanufacturer stating "On behalf of [insert remanufacturer
				  facility name], I certify that this facility is a remanufacturer under
				  pharmaceutical manufacturing (NAICS 325412), basic organic chemical
				  manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211),
				  or paints and coatings manufacturing (NAICS 325510) sectors, and will accept
				  the spent solvents for the sole purpose of remanufacturing into
				  commercial-grade solvents that will be used for reacting, extracting,
				  purifying, or blending chemicals, or for rinsing out the process lines
				  associated with these functions, or for use as a product ingredient. I also
				  certify that the remanufacturing equipment, vents, and tanks are equipped with
				  and are operating air emission controls in compliance with the appropriate
				  clean air act regulations under 40 CFR parts 60, 61, or 63, or, absent such
				  clean air act standards for the particular operation or piece of equipment
				  covered by the remanufacturing exclusion, are in compliance with the
				  appropriate standards in 40 CFR part 261, subparts AA, BB, and CC."
(C) Maintain records of shipments
				  and confirmations of receipts for a period of 3 years from the dates of the
				  shipments.
(D) Before
				  remanufacturing, store the hazardous spent solvents in tanks or containers that
				  meet the technical standards
				  R 299.9233(1) and
				  (2), with the tanks and containers being
				  labeled or otherwise having immediately available record of the material being
				  stored.
(E) During remanufacturing,
				  and during storage of the hazardous secondary material before remanufacturing,
				  the remanufacturer certifies that the remanufacturing equipment, vents, and
				  tanks are equipped with and are operating air emission controls in compliance
				  with the appropriate clean air act regulations under 40 CFR parts 60, 61, or
				  63, or, absent such clean air act standards for the particular operation or
				  piece of equipment covered by the remanufacturing exclusion, are in compliance
				  with the appropriate standards in 40 CFR part 261, subparts AA, BB, and
				  CC.
(F) Meet the requirements
				  prohibiting speculative accumulation under
				  R
				  299.9107.
(dd) Hazardous secondary material that is
				  exported from the United States and reclaimed at a reclamation facility located
				  in a foreign country is not a waste if the hazardous secondary material
				  generator complies with the applicable requirements of paragraphs (i)-(v) of
				  subdivision (bb) of this subrule, except subparagraph (B)(II) of paragraph (v)
				  for foreign reclaimers and foreign intermediate facilities, and all of the
				  following requirements:
(i) Provides
				  notification to the EPA of an intended export before the hazardous secondary
				  material is scheduled to leave the United States. A complete notification must
				  be submitted at least 60 days before the initial shipment is intended to be
				  shipped off-site. The notification may cover export activities extending over
				  no more than a 12-month period. The notification must be in writing, signed by
				  the hazardous secondary material generator, and include all of the following
				  information:
(A) The name, mailing address,
				  telephone number, and site identification number, if applicable, of the
				  hazardous secondary material generator.
(B) A description of the hazardous secondary
				  material and the hazardous waste number that would apply if the hazardous
				  secondary material was managed as a hazardous waste and the DOT proper shipping
				  name, hazard class, and ID number (UN/NA) for each hazardous secondary material
				  as identified in 49 CFR parts 171 to 177.
(C) The estimated frequency or rate at which
				  the hazardous secondary material is to be exported and the period of time over
				  which the material is to be exported.
(D) The estimated total quantity of hazardous
				  secondary material.
(E) All points
				  of entry to and departure from each foreign country through which the hazardous
				  secondary material will pass.
(F) A
				  description of the means by which each shipment of hazardous secondary material
				  will be transported, including the mode of transportation vehicle and the types
				  of containers.
(G) A description of
				  the manner in which the hazardous secondary material will be reclaimed in the
				  country of import.
(H) The name and
				  address of the reclaimer, any intermediate facility, and any alternate
				  reclaimer and intermediate facilities.
(I) The name of any countries of transit
				  through which the hazardous secondary material will be sent and a description
				  of the approximate length of time it will remain in the countries and the
				  nature of its handling while there. For the purposes of this provision, the
				  terms "EPA Acknowledgment of Consent," "country of import," and "country of
				  transit" have the same meanings as defined in
				  40
				  CFR 262.81, with the exception that the terms
				  in this subparagraph refer to hazardous secondary materials, rather than
				  hazardous waste.
(ii)
				  Notifications must be submitted electronically using the WIETS, or its
				  successor system.
(iii) Except for
				  changes to the telephone number in subparagraph (A) of paragraph (i) of this
				  subdivision and decreases in the quantity of hazardous secondary material
				  indicated under subparagraph (D) of paragraph (i) of this subdivision, when the
				  conditions specified on the original notification change, including any
				  exceedance of the estimate of the quantity of hazardous secondary material
				  specified in the original notification, the hazardous secondary material
				  generator shall provide the EPA with written renotification of the change. The
				  shipment cannot take place until consent of the country of import to the
				  changes and in the ports of entry to and departure from countries of transit
				  has been obtained and the hazardous secondary material generator receives from
				  the EPA an Acknowledgment of Consent reflecting the country of imports consent
				  to the changes.
(iv) Upon request
				  by the EPA, the hazardous secondary material generator shall furnish to the EPA
				  any additional information which a country of import requests to respond to a
				  notification.
(v) The EPA shall
				  provide a complete notification to the country of import and any countries of
				  transit. A notification is complete when the EPA receives a notification that
				  the EPA determines satisfies the requirements of paragraph (i) of this
				  subdivision. If a claim of confidentiality is asserted with respect to any
				  notification information required by paragraph (i) of this subdivision, the EPA
				  may find the notification not complete until the claim is resolved under
				  40 CFR
				  260.2.
(vi) The export of hazardous secondary
				  material under this subdivision is prohibited unless the country of import
				  consents to the intended import. When the country of import consents in writing
				  to the receipt of the hazardous secondary material or withdraws a prior
				  consent, the EPA shall notify the hazardous secondary material generator in
				  writing. The EPA shall also notify the hazardous secondary material generator
				  of any responses from the countries of transit.
(vii) For exports to OECD member countries,
				  the receiving country may respond to the notification using tacit consent. If
				  no objection has been lodged by any country of import or any country of transit
				  to a notification provided under to paragraph (i) of this subdivision within 30
				  days after the date of issuance of the acknowledgement of receipt of
				  notification by the competent authority of the country of import, the
				  transboundary movement may commence. In such cases, the EPA shall send an
				  Acknowledgment of Consent to inform the hazardous secondary material generator
				  that the country of import and any relevant countries of transit have not
				  objected to the shipment and are therefore presumed to have consented tacitly.
				  Tacit consent expires 1 calendar year after the close of the 30-day period.
				  Renotification and renewal of all consents is required for exports after that
				  date.
(viii) A copy of the EPA
				  Acknowledgement of Consent must accompany the shipment. The shipment must
				  conform to the terms of the Acknowledgement of Consent.
(ix) If a shipment cannot be delivered for
				  any reason to the reclaimer, intermediate facility, or the alternate reclaimer
				  or alternate intermediate facility, the hazardous secondary material generator
				  shall re-notify the EPA of a change in the conditions of the original
				  notification to allow shipment to a new reclaimer in accordance with paragraph
				  (iii) of this subdivision and obtain another EPA Acknowledgement of
				  Consent.
(x) Hazardous secondary
				  material generators shall keep a copy of each notification of intent to export
				  and each EPA Acknowledgement of Consent for a period of not less than 3 years
				  from the date of receipt of the EPA Acknowledgement of Consent. This
				  recordkeeping requirement may be satisfied by retaining electronically
				  submitted notifications or electronically generated Acknowledgements of Consent
				  in the generators account on WIETS, provided the copies are readily available
				  for viewing and production if requested by any EPA or authorized state
				  inspector. A hazardous secondary material generator may not be held liable for
				  the inability to produce a notification or Acknowledgment of Consent for
				  inspection under this paragraph if the generator can demonstrate that the
				  inability to produce the copies are due exclusively to technical difficulty
				  with WIETS for which the generator bears no responsibility.
(xi) Hazardous secondary material generators
				  shall file with the EPA no later than March 1 of each year, a report
				  summarizing the types, quantities, frequency, and ultimate destination of all
				  hazardous secondary materials exported during the previous calendar year.
				  Annual reports must be submitted electronically using WIETS. The reports must
				  include all of the following information:
(A)
				  The name, mailing and site addresses, and site identification number, if
				  applicable, of the hazardous secondary material generator.
(B) The calendar year covered by the
				  report.
(C) The name and site
				  address of each reclaimer and intermediate facility.
(D) Organized by reclaimer and intermediate
				  facility, for each hazardous secondary material exported, a description of the
				  material and the hazardous waste number that would apply if the material was
				  managed as a hazardous waste, the DOT hazard class, the name and site
				  identification number, if applicable, for each transporter used, the total
				  amount material shipped, and the number of shipments under each
				  notification.
(E) A certification
				  signed by the hazardous secondary material generator that states: "I certify
				  under penalty of law that I have personally examined and am familiar with the
				  information submitted in this and all attached documents, and that based on my
				  inquiry of those individuals immediately responsible for obtaining the
				  information, I believe that the submitted information is true, accurate, and
				  complete. I am aware that there are significant penalties for submitting false
				  information including the possibility of fine and imprisonment."
(xii) All persons claiming an
				  exclusion under this subdivision shall provide notification as required by
				  40 CFR
				  260.42.