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. 299.9202 - "Waste" explained

Current through Vol. 24-12, July 15, 2024
Rule 202.
(1) A
				  waste is any discarded material that is not excluded by
				  R
				  299.9204 or that is not excluded by a variance granted
				  under subrules (6) and (7) of this rule. A discarded material is any material
				  that is any of the following:
(a) A material
				  that is abandoned by being disposed of; burned or incinerated; accumulated,
				  stored, or treated, but not recycled, before or instead of being abandoned by
				  being disposed of, burned, or incinerated; or sham recycled.
(b) A material that is recycled, or
				  accumulated, stored, or treated before recycling, and that meets 1 of the
				  following criteria:
(i) It is a material
				  listed in subrule (2) of this rule and is used in a manner constituting
				  disposal by being either of the following:
(A)
				  Applied to or placed on the land in a manner that constitutes
				  disposal.
(B) Used to produce
				  products that are applied to or are placed on the land or are otherwise
				  contained in products that are applied to or placed on the land, in which cases
				  the product itself remains a waste. A commercial chemical product listed in
				  R 299.9214 is not a waste if it is
				  applied to the land and that is its ordinary manner of use.
(ii) It is a material listed in
				  subrule (2) of this rule and it is burned to recover energy, is used to produce
				  a fuel, or is otherwise contained in fuels, in which cases the fuel itself
				  remains a waste. A commercial chemical product listed in
				  R 299.9214 is not a waste if it is
				  itself a fuel.
(iii) It is a
				  material listed in subrule (2)(a), (b), or (c) of this rule and it undergoes
				  reclamation, except as provided for in
				  R 299.9204(1)(v),
				  (aa), (bb), and (cc).
(iv) It is a material listed in subrule
				  (2)(a), (b), (c), or (d) of this rule and it undergoes speculative
				  accumulation.
(v) It is an
				  inherently waste-like material, having a hazardous waste number of F020, F021,
				  F022, F023, F026, or F028, or is another waste determined by the administrator
				  based on both of the following criteria:
(A)
				  The materials are ordinarily disposed of, burned, or incinerated or the
				  materials contain toxic constituents that are listed in 40 CFR part 261,
				  appendix VIII, and that are not ordinarily found in raw materials or products
				  for which the materials substitute or are found in raw materials or products in
				  smaller concentrations, and that are not used or reused during the recycling
				  process.
(B) The material might
				  pose a substantial hazard to human health and the environment when
				  recycled.
(vi) It is an
				  inherently waste-like material that is a secondary material, that is fed to a
				  halogen acid furnace, and that exhibits a characteristic of a hazardous waste
				  or is listed as a hazardous waste under to part 2 of these rules, except for
				  brominated material that meets all of the following criteria:
(A) The material contains a bromine
				  concentration of not less than 45%.
(B) The material contains less than a total
				  of 1% of the toxic organic compounds listed in 40 CFR part 261, appendix
				  VIII.
(C) The material is processed
				  continually on-site in the halogen acid furnace by direct conveyance such as
				  hard piping.
(c) It is a military munition identified as a
				  waste under
				  R
				  299.9817.