Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9304 - Conditions for exemption for very small quantity generators

Current through Vol. 24-12, July 15, 2024
Rule 304.
(1) If a
				  very small quantity generator meets all of the conditions for exemption listed
				  in this rule, the hazardous waste generated by the very small quantity
				  generator is not subject to regulation under parts 3 to 10 of these rules,
				  except
				  R
				  299.9301 to R 299.9304, and the notification
				  requirements of section 3010 of RCRA,
				  42 USC 6930, and
				  the very small quantity generator may accumulate hazardous waste on site
				  without complying with the requirements. The conditions for exemption include
				  all of the following:
(a) In a calendar
				  month, the very small quantity generator generates less than or equal to the
				  amounts specified in the definition of "very small quantity
				  generator."
(b) The very small
				  quantity generator complies with
				  R
				  299.9302(1)(a)-(d).
(c) If the very small quantity generator
				  accumulates at any time greater than 1 kilogram of acute hazardous waste; 1
				  kilogram of severely toxic hazardous waste; or 100 kilograms of any residue or
				  contaminated soil, water, or other debris resulting from the cleanup of a
				  spill, into or on any land or water, of any acute or severely toxic hazardous
				  waste listed, all quantities of that acute or severely toxic hazardous waste
				  are subject to both of the following additional conditions for exemption:
(i) The waste is held on site for no more
				  than 90 days beginning on the date when the accumulated wastes exceed the
				  amounts in this subdivision.
(ii)
				  The conditions for exemption in
				  R
				  299.9307.
(d) If the very small quantity generator
				  accumulates at any time 1,000 kilograms or greater of non-acute hazardous
				  waste, all quantities of that hazardous waste are subject to all of the
				  following additional conditions for exemption:
(i) The waste is held on site for no more
				  than 180 days, or 270 days, if applicable, beginning on the date when the
				  accumulated waste exceed the amounts in this subdivision.
(ii) The quantity of waste accumulated on
				  site never exceeds 6,000 kilograms.
(iii) The conditions for exemption in
				  R
				  299.9306(1)(b) and (d) to (r), (3), and
				  (4).
(e) A very small quantity generator that
				  accumulates hazardous waste in amounts less than or equal to the limits in
				  subdivisions (c) and (d) of this subrule shall either treat or dispose of its
				  hazardous waste in an on-site facility or ensure delivery to an off-site
				  treatment, storage, or disposal facility. If the facility is located in the
				  United States, it shall comply with 1 of the following requirements:
(i) Be licensed under part 111 of the act,
				  MCL 324.11101 to 324.11153, for that waste type or be operating under
				  R 299.9502(3), (4), or
				  (5).
(ii) Be in another state and be authorized to
				  manage hazardous waste by the state under a hazardous waste management program
				  that is approved under 40 CFR part 271.
(iii) Be in another state and be permitted or
				  licensed under 40 CFR part 270.
(iv) Be in another state and be in interim
				  status under 40 CFR parts 270 and 265.
(v) Be a facility that stores or treats the
				  waste and that is in compliance with the applicable requirements of parts 31,
				  55, and 115 of the act, MCL 324.3101 to 324.3134, 324.5501 to 324.5542, and
				  324.11501 to 324.11554.
(vi) Be a
				  disposal facility that is in compliance with the applicable requirements of
				  parts 31, 55, and 115 of the act, MCL 324.3101 to 324.3134, 324.5501 to
				  324.5542, and 324.11501 to 324.11554.
(vii) Be in another state and be permitted,
				  licensed, or registered by that state to manage municipal waste that, if
				  managed in a municipal waste landfill, is subject to 40 CFR part 258.
(viii) Be in another state and be permitted,
				  licensed, or registered by that state to manage nonmunicipal waste that, if
				  managed in a nonmunicipal waste disposal unit after the effective date of these
				  rules, is subject to
				  40
				  CFR 257.5 to
				  257.30.
(ix) Be a facility that beneficially uses or
				  reuses, or legitimately recycles or reclaims, the waste or treats the waste
				  before the beneficial use or reuse or legitimate recycling or
				  reclamation.
(x) Be an off-site
				  publicly owned treatment works, if the waste is in compliance with all federal,
				  state, and local pretreatment requirements and, if the waste is shipped by
				  vehicle, the conditions of
				  R
				  299.9503(3)(b) are met.
(xi) For universal waste managed under to
				  R
				  299.9228, be a universal waste handler or destination
				  facility in compliance with
				  R
				  299.9228.
(xii) Be a large quantity generator under the
				  control of the same person as the very small quantity generator and meet all of
				  the conditions below. As used in this rule, "control" means the power to direct
				  the policies of the generator, whether by the ownership of stock, voting
				  rights, or otherwise, except that contractors who operate generator facilities
				  on behalf of a different person are not considered to "control" the generators.
				  The conditions include all of the following:
(A) The very small quantity generator marks
				  each container of hazardous waste with the words "Hazardous Waste."
(B) The very small quantity generator marks
				  each container of hazardous waste with 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.
(f) The very small quantity generator
				  accumulates waste in an area where the waste is protected from weather, fire,
				  physical damage, and vandals.
(g)
				  The hazardous waste accumulation is conducted so that hazardous waste or
				  hazardous waste constituents cannot escape by gravity into the soils, 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.