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. 299.9203 - "Hazardous waste" explained

Current through Vol. 24-12, July 15, 2024
Rule 203.
(1) A
				  waste, as explained in
				  R
				  299.9202, is a hazardous waste if it is not excluded
				  from regulation pursuant to
				  R 299.9204(1) or
				  (2) and if it meets any of the following
				  criteria:
(a) It exhibits any of the
				  characteristics of hazardous waste identified in
				  R
				  299.9212.
(b) It is listed in
				  R 299.9213 or
				  R 299.9214 and has not been excluded
				  from the lists pursuant to
				  R 299.9211.
(c) It is a mixture of a waste and 1 or more
				  hazardous wastes that are listed in
				  R 299.9213 or
				  R 299.9214 and has not been excluded
				  from this subdivision pursuant to
				  R 299.9211 or subrule (7) or (8) of
				  this rule; however, mixtures of wastes and hazardous wastes that are listed in
				  R 299.9213 and
				  R 299.9214 are not hazardous wastes,
				  except by application of subdivision (a) or (b) of this subrule, if the
				  generator can demonstrate that the mixture consists of wastewater which, with
				  respect to discharge, is subject to regulation pursuant to either section 402
				  or section 307(b) of the federal clean water act, including wastewater at
				  facilities that have eliminated the discharge of wastewater, and is 1 of the
				  following:
(i) One or more of the following
				  spent solvents that are listed in
				  R 299.9213, if the maximum total
				  weekly usage of the solvents, other than the amounts that can be demonstrated
				  not to be discharged to wastewater, divided by the average weekly flow of
				  wastewater into the headworks of the facility's wastewater treatment or
				  pretreatment system is not more than 1 part per million or the total measured
				  concentration of these solvents entering the headworks of the facility's
				  astewater treatment system, at facilities subject to regulation under parts 60,
				  61, or 63 of the federal clean air act or at facilities subject to an
				  enforceable limit in a federal operating permit that minizmizes fugitive
				  emissions, is not more than 1 part per million on an average weekly basis:
(A) Carbon tetrachloride.
(B) Tetrachloroethylene.
(C) Trichloroethylene.
(D) Benzene.
(E) Scrubber waters derived from the
				  combustion of the spent solvents listed in subparagraphs (A) to (D) of this
				  paragraph.
Any facility that uses benzene as a solvent and claims this
					 exemption shall use an aerated biological wastewater treatment system and only
					 lined surface impoundments or tanks before secondary clarification in the
					 wastewater treatment system. Facilities that choose to measure concentration
					 levels shall file a copy of their sampling and analysis plan with the director.
					 A facility shall file a revised sampling and analysis plan if the initial plan
					 is rendered inaccurate by changes in the facility's operations. The sampling
					 and analysis plan shall include the monitoring point location at the headworks,
					 the sampling frequency and methodology, and a list of constituents to be
					 monitored. A facility shall be eligible for the direct monitoring option once
					 it receives confirmation that the sampling and analysis plan has been received
					 by the director. The director may reject the sampling and analysis plan if he
					 or she finds that the sampling and analysis plan does not include the required
					 information or the plan parameters do not enable the facility to calculate the
					 weekly average concentration of these chemicals accurately. If the director
					 rejects the sampling and analysis plan or finds that the facility is not
					 following the sampling and analysis plan, he or she shall notify the facility
					 that it must cease the use of the direct monitoring option until the bases for
					 the rejection are corrected.
(ii) One or more of the following spent
				  solvents that are listed in
				  R 299.9213, if the maximum total
				  weekly usage of the solvents, other than the amounts that can be demonstrated
				  not to be discharged to wastewater, divided by the average weekly flow of
				  wastewater into the headworks of the facility's wastewater treatment or
				  pretreatment system is not more than 25 parts per million or the total measured
				  concentration of these solvents entering the headworks of the facility's
				  wastewater treatment system, at facilities subject to regulation under part 60,
				  61, or 63 of the federal clean air act or at facilities subject to an
				  enforceable limit in a federal operating permit that minizmizes fugitive
				  emissions, is not more than 25 parts per million on an average weekly basis:
(A) Methylene chloride.
(B) 1,1,1-Trichloroethane.
(C) Chlorobenzene.
(D) o-dichlorobenzene.
(E) Cresols.
(F) Cresylic acid.
(G) Nitrobenzene.
(H) Toluene.
(I) Methyl ethyl ketone.
(J) Carbon disulfide.
(K) Isobutanol.
(L) Pyridine.
(M) Spent chlorofluorocarbon
				  solvents.
(N)
				  2-ethoxyethanol.
(O) Scrubber
				  waters derived from the combustion of the spent solvents listed in
				  subparagraphs (A) to (N) of this paragraph.
Facilities that choose to measure concentration levels
					 shall file a copy of their sampling and analysis plan with the director. A
					 facility shall file a revised sampling and analysis plan if the initial plan is
					 rendered inaccurate by changes in the facility's operations. The sampling and
					 analysis plan shall include the monitoring point location at the headworks, the
					 sampling frequency and methodology, and a list of constituents to be monitored.
					 A facility shall be eligible for the direct monitoring option once they receive
					 confirmation that the sampling and analysis plan has been received by the
					 director. The director may reject the sampling and analysis plan if he or she
					 finds that the sampling and analysis plan does not include the required
					 information or the plan parameters do not enable the facility to calculate the
					 weekly average concentration of these chemicals accurately. If the director
					 rejects the sampling and analysis plan or finds that the facility is not
					 following the sampling and analysis plan, he or she shall notify the facility
					 that it must cease the use of the direct monitoring option until the bases for
					 the rejection are corrected.
(iii) One or more of the following wastes
				  that are listed in
				  R 299.9213 if the wastes are
				  discharged to the refinery oil recovery sewer before primary oil/water/solids
				  separation.
(A) Heat exchanger bundle
				  cleaning sludge from the petroleum refining industry, K050.
(B) Crude oil storage tank sediment from
				  petroleum refining operations, K169.
(C) Clarified slurry oil tank sediment or
				  in-line filter/separation solids from petroleum refining operations,
				  K170.
(D) Spent hydrotreating
				  catalyst, K171.
(E) Spent
				  hydrorefining catalyst, K172.
(iv) A discarded hazardous
				  waste
,
commercial chemical product, or chemical intermediate
				  listed in
				  R 299.9213 or
				  R 299.9214, arising from de minimis
				  losses of the materials from manufacturing operations in which the materials
				  are used as raw materials or are produced in the manufacturing process. For the
				  purpose of this paragraph, de minimis losses are inadvertent releases to a
				  wastewater treatment system, including any of the following:
(A) Losses from normal material handling
				  operations, such as spills from the unloading or transfer of materials from
				  bins or other containers or leaks from pipes, valves, or other devices that are
				  used to transfer materials.
(B)
				  Minor leaks of process equipment, storage tanks, or containers.
(C) Leaks from well-maintained pump packings
				  and seals.
(D) Sample
				  purgings.
(E) Relief device
				  discharges.
(F) Discharges from
				  safety showers and the rinsing and cleaning of personal safety
				  equipment.
(G) Rinsate from empty
				  containers or from containers that are rendered empty by that rinsing.
Any manufacturing facility that claims an exemption for de
					 minimis quantities of wastes listed in
					 R 299.9214, or any nonmanufacturing
					 facility that claims an exemption for deminimis quantities of wastes listed in
					 R 299.9213 or
					 R 299.9214 shall either have
					 eliminated the discharge of wastewaters or have included in its federal clean
					 water act permit application or submission to its pretreatment control
					 authority the constituents for which each waste was listed in accordance with
					 40 C.F.R. part 261, appendix VII, and the constituents identified in
					 40 C.F.R. §
															268.40 for which each waste has a treatment
					 standard. A facility shall be eligible to claim the exemption once notification
					 of the possible deminimis releases has been provided via the clean water act
					 permit application or the pretreatment control authority submission. A copy of
					 the federal clean water act permit application or the submission to the
					 pretreatment control authority shall be placed in the facility's on-site
					 files.
(v)
				  Wastewater which results from laboratory operations and which contains toxic
				  (T) wastes listed in
				  R 299.9213 or
				  R 299.9214 if the annualized average
				  flow of laboratory wastewater is not more than 1% of total wastewater flow into
				  the headworks of the facility's wastewater treatment or pretreatment system or
				  if the wastes' combined annualized average concentration is not more than 1
				  part per million in the headworks of the facility's wastewater treatment or
				  pretreatment facility. Toxic (T) wastes which are used in laboratories and
				  which are demonstrated not to be discharged to wastewater shall not be included
				  in the calculation.
(vi) Wastewater
				  from the production of carbamates and carbamoyl oximes, K157, if the maximum
				  weekly usage of formaldehyde, methyl chloride, methylene chloride, and
				  triethylamine, including all amounts that cannot be demonstrated to be reacted
				  in the process, destroyed through treatment, or recovered, divided by the
				  average weekly flow of process wastewater before any dilutions into the
				  headworks of the facility's wastewater treatment system is not more than a
				  total of 5 parts per million by weight or the total measured concentration of
				  these chemicals entering the headworks of the facility's wastewater treatment
				  system is not more than 5 parts per million on an average weekly basis.
				  Facilities that choose to measure concentration levels shall file a copy of
				  their sampling and analysis plan with the director. A facility shall file a
				  revised sampling and analysis plan if the initial plan is rendered inaccurate
				  by changes in the facility's operations. The sampling and analysis plan shall
				  include the monitoring point location at the headworks, the sampling frequency
				  and methodology, and a list of constituents to be monitored. A facility shall
				  be eligible for the direct monitoring option once it receives confirmation that
				  the sampling and analysis plan has been received by the director. The director
				  may reject the sampling and analysis plan if he or she finds that the sampling
				  and analysis plan does not include the required information or the plan
				  parameters do not enable the facility to calculate the weekly average
				  concentration of these chemicals accurately. If the director rejects the
				  sampling and analysis plan or finds that the facility is not following the
				  sampling and analysis plan, he or she shall notify the facility that it must
				  cease the use of the direct monitoring option until the bases for the rejection
				  are corrected.
(vii) Wastewater
				  derived from the treatment of organic waste from the production of carbamates
				  and carbamoyl oximes, K156, if the maximum concentration of formaldehyde,
				  methyl chloride, methylene chloride, and triethylamine before any dilutions
				  into the headworks of the facility's wastewater treatment system is not more
				  than a total of 5 milligrams per liter or the total measured concentration of
				  these chemicals entering the headworks of the facility's wastewater treatment
				  system is not more than 5 milligrams per liter on an average weekly basis.
				  Facilities that choose to measure concentration levels shall file a copy of
				  their sampling and analysis plan with the director. A facility shall file a
				  revised sampling and analysis plan if the initial plan is rendered inaccurate
				  by changes in the facility's operations. The sampling and analysis plan shall
				  include the monitoring point location at the headworks, the sampling frequency
				  and methodology, and a list of constituents to be monitored. A facility shall
				  be eligible for the direct monitoring option once it receives confirmation that
				  the sampling and analysis plan has been received by the director. The director
				  may reject the sampling and analysis plan if he or she finds that the sampling
				  and analysis plan does not include the required information or the plan
				  parameters do not enable the facility to calculate the weekly average
				  concentration of these chemicals accurately. If the director rejects the
				  sampling and analysis plan or finds that the facility is not following the
				  sampling and analysis plan, he or she shall notify the facility that it must
				  cease the use of the direct monitoring option until the bases for the rejection
				  are corrected.
(d) It is
				  a mixture of a waste and a hazardous waste that meets the characteristic of
				  severe toxicity pursuant to
				  R
				  299.9212(5).
(e) It is a used oil that contains more than
				  1,000 parts per million total halogens. Used oil that contains more than 1,000
				  parts per million is presumed to be a hazardous waste and is regulated as such
				  under part 111 of the act and these rules. A person may rebut the presumption
				  by demonstrating that the used oil does not contain hazardous waste. The
				  demonstration may be made by showing that the used oil does not contain
				  significant concentrations of halogenated hazardous constituents that are
				  listed in 40 C.F.R. part 261, appendix VIII. The rebuttable presumption rule
				  does not apply to the following materials:
(i) Metalworking oils or fluids that contain
				  chlorinated paraffins if the oils or fluids are processed through a tolling
				  agreement as specified in
				  40 C.F.R. §
													279.24(c) to reclaim the
				  oils or fluids. The rebuttable presumption does apply, however, if the oils or
				  fluids are recycled in any other manner or are disposed of.
(ii) Used oils that are contaminated with
				  chlorofluorocarbons which have been removed from refrigeration units if the
				  chlorofluorocarbons are destined for reclamation. The rebuttable presumption
				  does apply, however, if the used oils are contaminated with chlorofluorocarbons
				  that have been mixed with used oil from sources other than refrigeration units.