Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9503 - Operating licenses; exemptions

Current through Vol. 24-12, July 15, 2024
Rule 503.
(1) The
				  following persons do not require an operating license under part 111 of the
				  act, MCL 324.11101 to 324.11153:
(a) Persons
				  who own or operate a facility that treats, stores, or disposes of hazardous
				  waste in compliance with 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, if the only
				  hazardous wastes the facility treats, stores, or disposes of are excluded from
				  regulation under
				  R
				  299.9304.
(b) Generators who accumulate hazardous waste
				  on site for less than the time periods provided in
				  R
				  299.9305 to
				  R
				  299.9307.
(c) Farmers who dispose of waste pesticides
				  from their own use in compliance with
				  R
				  299.9204(3)(b).
(d) Owners or operators of totally enclosed
				  treatment facilities.
(e) Owners or
				  operators of elementary neutralization units.
(f) Owners or operators of wastewater
				  treatment units, if the following conditions, as applicable, are met:
(i) The units are subject to regulation under
				  section 402 or 307(b) of the federal clean water act,
				  33 USC
				  1342 or
				  1317(b).
(ii) The units are located on the site of a
				  generator and do not treat hazardous waste from any other generator unless the
				  waste is shipped entirely by pipeline or the off-site generator has the same
				  owner as the facility at which the unit is located.
(iii) If an owner or operator is diluting
				  D001 waste, other than D001 high TOC subcategory waste as defined in
				  40 CFR
				  268.40, or D003 waste, to remove the
				  hazardous characteristic before land disposal, the owner or operator complies
				  with the requirements of
				  40
				  CFR 264.17(b) and
				  265.17(b),
				  as applicable.
(g)
				  Transporters storing manifested shipments of hazardous waste in containers at a
				  transfer facility for a period of 10 days or less, if the transfer facility
				  requirements of
				  R
				  299.9404 are met.
(h) Persons adding absorbent material to
				  hazardous waste in a container, and persons adding hazardous waste to absorbent
				  material in a container, if all of the following conditions are met:
(i) The actions occur at the site of
				  generation when hazardous waste is first placed in the container.
(ii) Liquids are not absorbed in materials
				  that biodegrade or that release liquids when compressed.
(iii) The provisions of
				  40
				  CFR 264.17(b),
				  264.171,
				  and
				  264.172
				  are met.
(i) Generators
				  who have on-site treatment facilities if a generator complies with all of the
				  following requirements:
(i) All treatment is
				  conducted in either containers or tanks.
(ii) If the treatment occurs in containers,
				  then all of the following requirements are met:
(A) The requirements of 40 CFR part 265,
				  subpart I, except
				  40 CFR
				  265.173.
(B) The containers holding hazardous waste
				  are always closed, except when it is necessary to add, remove, or treat the
				  waste.
(C) The containers holding
				  hazardous waste are not opened or handled in a manner that may rupture the
				  containers or cause them to leak.
(D) The containment requirements of
				  40
				  CFR 264.175.
(E) The generator documents the inspections
				  required under
				  40
				  CFR 265.174.
(iii) If the treatment occurs in tanks, the
				  requirements of 40 CFR part 265, subpart J, except for
				  40 CFR
				  265.197(c) and
				  265.200.
(iv) The requirements of 40 CFR part 265,
				  subpart C.
(v) The area where the
				  waste is treated is protected, as appropriate for the type of waste being
				  treated, from weather, fire, physical damage, and vandals.
(vi) Hazardous waste treatment is conducted
				  so that 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.
(vii) The closure standards of
				  40 CFR
				  265.111 and
				  265.114.
(viii) All treatment is completed within 90
				  days from the date that accumulation of the waste began if the generator is a
				  large quantity generator or within 180 days from the date that the accumulation
				  of the waste began if the generator is a small quantity generator.
(ix) Documentation is maintained on site that
				  specifies the date that accumulation of the waste began, the date that
				  treatment of the waste began, and the date that treatment of the waste was
				  completed.
(x) The requirements of
				  R 299.9602,
				  R
				  299.9603(1)(b) to (f) and (4),
				  R 299.9604,
				  R
				  299.9627, and
				  R
				  299.9633.
(j) Universal waste handlers and universal
				  waste transporters when handling the wastes identified in
				  R
				  299.9228(1). Universal waste handlers
				  and universal waste transporters are subject to
				  R
				  299.9228 when handling the universal wastes identified
				  in
				  R
				  299.9228(1).
(k) Owners or operators who use a pipeline
				  for the sole purpose of transferring wastes to and from treatment or storage
				  tanks at the facility and bulk railcars at an off-site transfer facility, if
				  all of the following requirements are met:
(i) The pipeline is owned and operated by the
				  owner or operator.
(ii) The
				  pipeline meets the requirements for ancillary equipment under 40 CFR part 264,
				  subpart J.
(iii) Wastes are not
				  stored in the pipeline.
(iv) The
				  owner or operator establishes as part of their waste analysis plan procedures
				  for receipt of the wastes by the facility to and from the transport
				  vehicle.
(v) The owner or operator
				  uses the pipeline solely as a method of transferring wastes and not as an
				  extension of the facility boundary beyond the area specified in their current
				  operating license or authorization.
(1) Owners
				  or operators of facilities which store military munitions that have been
				  classified as a waste in accordance with part 2 of these rules unless otherwise
				  specified in
				  R
				  299.9817.
(2) A person who is engaged in treatment or
				  containment activities during immediate response to a discharge of a hazardous
				  waste, an imminent and substantial threat of a discharge of hazardous waste, a
				  discharge of a material that, when discharged, becomes a hazardous waste, or an
				  immediate threat to human health, public safety, property, or the environment,
				  from the known or suspected presence of military munitions, other explosive
				  material, or an explosive device, as determined by an explosive or munitions
				  emergency response specialist shall not be subject to the operating license
				  requirements of part 111 of the act, MCL 324.11101 to 324.11153, and these
				  rules. Any person who continues or initiates hazardous waste treatment or
				  containment activities after the immediate response is over is subject to all
				  applicable requirements of this part and part 6 of these rules, except as
				  provided in subrule (4) of this rule. In the case of an explosives or munitions
				  emergency response, if a federal, state, tribal or local official acting within
				  the scope of his or her official responsibilities, or an explosives or
				  munitions emergency response specialist, determines that immediate removal of
				  the material or waste is necessary to protect human health or the environment,
				  that official or specialist may authorize the removal of the material or waste
				  by transporters who do not have EPA identification numbers. In the case of
				  emergencies involving military munitions, the responding military emergency
				  response specialist's organizational unit shall retain records for 3 years
				  identifying the dates of the response, the responsible persons responding, the
				  type and description of material addressed, and its disposition.
(3) The following are considered to have an
				  operating license and are not subject to the operating license requirements of
				  part 111 of the act, MCL 324.11101 to 324.11153, and these rules for new
				  facilities or expanded, enlarged, or altered existing facilities if the listed
				  conditions are met:
(a) The owner or operator
				  of an injection well disposing of hazardous waste, if the owner or operator
				  meets all of the following requirements:
(i)
				  Has a permit for underground injection that is issued pursuant to 40 CFR parts
				  124, 144, 145, 146, and 147, subpart X.
(ii) Complies with the conditions of the
				  permit and the requirements of
				  40 CFR
				  144.14.
(iii) Has a permit for underground injection
				  that is issued pursuant to 40 CFR parts 124, 144, 145, 146, and 147, subpart X,
				  and that is issued after November 8, 1984, and complies with both of the
				  following:
(A)
																R
				  299.9629, Corrective action.
(B) Where the underground injection well is
				  the only unit at a facility that requires a permit, complies with
				  40 CFR
				  270.14(d).
(b) The owner or operator of a publicly owned
				  treatment works that accepts hazardous waste for treatment if the waste is in
				  compliance with all federal, state, and local pretreatment requirements that
				  would be applicable to the waste if it were being discharged into the publicly
				  owned treatment works (POTW) through a sewer, pipe, or similar conveyance, if
				  the owner or operator has a national pollutant discharge elimination system
				  (NPDES) permit and the owner or operator complies with the conditions of the
				  permit, and if the owner or operator complies with all of the following
				  requirements:
(i)
															40 CFR
				  264.11, Identification number.
(ii)
															R
				  299.9608, Use of manifest system.
(iii)
															R 299.9609, Operating record;
				  availability, retention and disposition of records.
(iv)
															R
				  299.9610, Reporting.
(v) For NPDES permits issued after November
				  8, 1984,
				  R
				  299.9629, Corrective
				  action.
(4) The
				  director shall exempt persons who conduct the following activities from the
				  operating license requirements of part 111 of the act, MCL 324.11101 to
				  324.11153, and these rules, but only if the exemption does not constitute a
				  less stringent permitting requirement than is required under RCRA:
(a) The treatment of hazardous waste during
				  the closure of a treatment, storage, or disposal unit, if both of the following
				  conditions apply:
(i) The treatment occurs at
				  the site of generation.
(ii) The
				  treatment is authorized in a closure plan approved by the director or his or
				  her designee.
(b) Closure
				  of an existing surface impoundment for hazardous waste that is closed as a
				  landfill pursuant to
				  R
				  299.9616(3), if the closure is
				  authorized in a closure plan approved by the director or his or her designee
				  and an operating license is obtained for the postclosure period.
(c) The treatment, storage, or disposal of
				  hazardous waste at the individual site of generation if conducted solely in
				  response to, or as corrective action under, and in full compliance with, a plan
				  developed or approved by the director, or his or her designee, under part 31,
				  111, 201, or 213 of the act, MCL 324.3101 to 324.3134, 324.11101 to 324.11153,
				  324.20101 to 324.20142, and 324.21301a to 324.21334, or an administrative or
				  judicial consent order to which the director is a party and if the treatment,
				  storage, or disposal is conducted in accordance with the technical standards of
				  part 6 of these rules.
(d)
				  Treatment, storage, or disposal of hazardous waste at the individual site of
				  generation, if conducted solely in response to, or as a corrective action
				  under, and in full compliance with CERCLA.
(5) 40 CFR parts 124, 144, 145, 146, 147, and
				  265, subparts I and J, except
				  40 CFR
				  265.197(c) and
				  265.200,
				  and 40 CFR 264.11, 264.17(b), 264.171, 264.172, 264.175, 265.111, 265.114, and
				  268.7(a)(4) are adopted by reference in
				  R 299.11003.