Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9307 - Conditions for exemption for large quantity generators that accumulate hazardous waste

Current through Vol. 24-12, July 15, 2024
Rule 307.
(1) A
				  large quantity generator may accumulate hazardous waste on site without an
				  operating license issued under part 111 of the act, MCL 324.11101 to 324.11153,
				  and without complying with the requirements of parts 5 to 8 of these rules or
				  the notification requirements of section 3010 of RCRA,
				  42 USC 6930, if
				  all of the following conditions for exemption are met:
(a) The large quantity generator accumulates
				  hazardous waste on site for no more than 90 days, unless the large quantity
				  generator is in compliance with the accumulation time extension or F006
				  accumulation conditions for exemption in subrules (2) to (5) of this
				  rule.
(b) The hazardous waste is
				  managed under either of the following methods:
(i) In containers and the large quantity
				  generator complies with all of the following:
(A) The containment requirements of
				  40
				  CFR 264.175 and the applicable requirements
				  of 40 CFR part 265, subparts AA, BB, and CC.
(B) If a container holding hazardous waste is
				  not in good condition, or if it begins to leak, the large quantity generator
				  shall immediately transfer the hazardous waste from this container to a
				  container that is in good condition and does not leak, or immediately manage
				  the waste in some other way that complies with the conditions for exemption of
				  this rule.
(C) Use a container made
				  of or lined with materials that will not react with, and are otherwise
				  compatible with, the hazardous waste to be accumulated, so that the ability of
				  the container to contain the waste is not impaired.
(D) Containers holding hazardous waste must
				  be closed at all times during accumulation, except when it is necessary to add
				  or remove waste.
(E) Containers
				  holding hazardous waste must not be opened, handled, or accumulated in a manner
				  that may rupture the container or cause it to leak.
(F) At least weekly, inspect central
				  accumulation areas looking for leaking containers and for deterioration of
				  containers caused by corrosion or other factors.
(G) Both of the following special conditions
				  for ignitable or reactive wastes:
(I)
				  Containers holding ignitable or reactive waste must be located at least 15
				  meters (50 feet) from the large quantity generators property line unless a
				  written approval is obtained from the authority having jurisdiction over the
				  local fire code allowing hazardous waste accumulation to occur within this
				  restricted area. A record of the written approval must be maintained on site as
				  long as ignitable or reactive hazardous waste is accumulated in this
				  area.
(II) The large quantity
				  generator shall take precautions to prevent accidental ignition or reaction of
				  ignitable or reactive waste. This waste must be separated and protected from
				  sources of ignition or reaction including but not limited to the following:
				  open flames, smoking, cutting and welding, hot surfaces, frictional heat,
				  sparks, spontaneous ignition, and radiant heat. While ignitable or reactive
				  waste is being handled, the large quantity generator shall confine smoking and
				  open flame to specially designated locations. "No smoking" signs must be
				  conspicuously placed wherever there is a hazard from ignitable or reactive
				  waste.
(H) All of the
				  following special standards for incompatible wastes:
(I) Incompatible wastes, or incompatible
				  wastes and materials, must not be placed in the same container unless the
				  requirements of
				  40
				  CFR 265.17(b) are
				  met.
(II) Hazardous waste must not
				  be placed in an unwashed container that previously held an incompatible waste
				  or material unless the requirements of
				  40
				  CFR 265.17(b) are
				  met.
(III) A container holding
				  hazardous waste that is incompatible with any waste or other materials
				  accumulated or stored nearby in other containers, piles, open tanks, or surface
				  impoundments must be separated from the other materials or protected from them
				  by means of a dike, berm, wall, or other device.
(I) Mark or label each container with all of
				  the following:
(I) The words "Hazardous
				  Waste."
(II) 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.
(III) The date upon which each period of
				  accumulation begins clearly visible for inspection on each
				  container.
(ii) In tanks and the generator complies with
				  the applicable requirements of 40 CFR part 265, subparts J, AA, BB, and CC,
				  except 265.197(c) and 265.200, and
				  R
				  299.9615, except for
				  R
				  299.9615(1). For the purposes of this
				  rule, the references in
				  R
				  299.9615 to 40 CFR part 264 are replaced by references
				  to 40 CFR part 265.
(A) Mark or label each
				  tank with all of the following:
(I) The words
				  "Hazardous Waste."
(II) 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.
(B) Use inventory logs, monitoring equipment,
				  or other records to demonstrate that hazardous waste has been emptied within 90
				  days of first entering the tank if using a batch process, or in the case of a
				  tank with a continuous flow process, demonstrate that estimated volumes of
				  hazardous waste entering the tank daily exit the tank within 90 days of first
				  entering. The inventory logs or records must be kept onsite and readily
				  available for inspection.
(iii) On drip pads and the large quantity
				  generator shall complies with all of the following:
(A) 40 CFR part 265, subpart W.
(B) The large quantity generator shall remove
				  all wastes from the drip pad at least once every 90 days. Any hazardous wastes
				  that are removed from the drip pad at least once every 90 days are then subject
				  to the 90-day accumulation limit in subdivision (a) of this subrule and
				  R
				  299.9305 if hazardous wastes are being managed in
				  satellite accumulation areas before being moved to the central accumulation
				  area.
(C) The large quantity
				  generator shall maintain on site the following records readily available for
				  inspection:
(I) A written description of
				  procedures that will be followed to ensure that all wastes are removed from the
				  drip pad and associated collection system at least once every 90
				  days.
(II) Documentation of each
				  waste removal, including the quantity of waste removed from the drip pad and
				  the sump or collection system and the date and time of
				  removal.
(c) The large quantity generator complies
				  with the requirements of 40 CFR part 262, subpart M. In the event of a fire,
				  explosion, or other release of hazardous waste or hazardous waste constituents
				  that could threaten human health or the environment or if the large quantity
				  generator has knowledge that a spill has reached surface water or groundwater,
				  the large quantity generator shall also immediately notify the departments
				  pollution emergency alerting system - telephone number 800-292-4706. The
				  notifications must include all of the following information:
(i) The name and telephone number of the
				  person who is reporting the incident.
(ii) The name, address, telephone number, and
				  site identification number of the large quantity generator.
(iii) The date, time, and type of
				  incident.
(iv) The name and
				  quantity of the material or materials involved and released.
(v) The extent of injuries, if any.
(vi) The estimated quantity and disposition
				  of recovered materials that resulted from the incident, if any.
(vii) An assessment of actual or potential
				  hazards to human health or the environment.
(viii) The immediate response action
				  taken.
(d) The large
				  quantity generator shall ensure that the area where the waste is accumulated is
				  protected from weather, fire, physical damage, and vandals.
(e) The large quantity generator shall ensure
				  that hazardous waste accumulation is conducted so 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.
(f) Personnel shall
				  successfully complete a program of classroom instruction, online training, or
				  on-the-job training that teaches them to perform their duties in a way that
				  ensures compliance with these rules. The large quantity generator shall ensure
				  that this program includes all of the elements described in the document
				  required under subdivision (i) of this subrule. This program must be directed
				  by a person trained in hazardous waste management procedures and include
				  instruction which teaches personnel hazardous waste management procedures,
				  including contingency plan implementation, relevant to the positions in which
				  they are employed. At a minimum, the training program must be designed to
				  ensure that personnel are able to respond effectively to emergencies by
				  familiarizing them with emergency procedures, emergency equipment, and
				  emergency systems, including where applicable:
(i) Procedures for using, inspecting,
				  repairing, and replacing emergency and monitoring equipment.
(ii) Key parameters for automatic waste feed
				  cut-off systems.
(iii)
				  Communications or alarm systems.
(iv) Response to fires or
				  explosions.
(v) Response to
				  groundwater contamination incidents.
(vi) Shutdown of operations.
(g) For employees that receive
				  emergency response training under
				  29 CFR
				  1910.120(p)(8) and
				  1910.120(q),
				  the large quantity generator is not required to provide separate emergency
				  response training under this rule if that the overall training meets all of the
				  conditions of exemption in this rule.
(h) Personnel shall successfully complete the
				  program required in subdivision (f) of this subrule within 6 months after the
				  date of their employment or assignment to the large quantity generators site,
				  or to a new position at the site, whichever is later. Employees shall not work
				  in unsupervised positions until they have completed the training standards of
				  subdivision (f) of this subrule. Personnel shall also take part in an annual
				  review of the initial training required in subrule (f) of this
				  subrule.
(i) The large quantity
				  generator must maintain all of the following documents and records on site:
(i) The job title for each position at the
				  site related to hazardous waste management, and the name of the employee
				  filling each job.
(ii) A written
				  job description for each position listed under paragraph (i) of this
				  subdivision. This description may be consistent in its degree of specificity
				  with descriptions for other similar positions in the same company location or
				  bargaining unit, but must include the requisite skill, education, or other
				  qualifications, and duties of personnel assigned to each position.
(iii) A written description of the type and
				  amount of both introductory and continuing training that will be given to each
				  person filling a position listed under paragraph (i) of this
				  subdivision.
(iv) Records that
				  document that the training or job experience, required under subdivisions (f)
				  to (h) of this subrule, has been given to, and completed by,
				  personnel.
(j) Training
				  records on current personnel must be kept until closure of the large quantity
				  generators site. Training records on former employees must be kept for at least
				  3 years from the date the employee last worked at the large quantity generators
				  site. Personnel training records may accompany personnel transferred within the
				  same company.
(k) A large quantity
				  generator accumulating hazardous wastes in containers, tanks, or drip pads
				  must, before closing an individual waste accumulation unit or all of the units,
				  meet the following conditions:
(i) If closing
				  an individual unit, perform 1 of the following:
(A) Place a notice in the operating record
				  within 30 days after closure identifying the location of the unit.
(B) Meet the closure performance standards of
				  paragraph (iii) of this subdivision for containers or tanks or paragraph (iv)
				  of this subdivision for drip pads, and notify the director following the
				  procedures in paragraph (ii)(B) of this subdivision. If the unit is
				  subsequently reopened, the large quantity generator may remove the notice from
				  the operating record.
(ii) If closing all of the units, comply with
				  all of the following:
(A) Notify the director
				  using Michigan site identification form EQP5150 no later than 30 days before
				  closing the large quantity generators site.
(B) Notify the director using the Michigan
				  site identification form EQP5150 within 90 days after closing all of the units
				  that it has met the closure performance standards of subdivisions (iii) or (iv)
				  of this subrule. If the large quantity generator cannot meet these closure
				  performance standards, notify the director using Michigan site identification
				  form EQP5150 that it will close as a landfill under
				  40 CFR
				  265.310 in the case of a container or tank
				  unit or 40 CFR
				  265.445(b) in the case of
				  drip pads.
(C) If additional time
				  is needed to clean close all of the units, notify the director using Michigan
				  site identification form EQP5150 within 75 days after the date provided in
				  subparagraph (A) of this paragraph to request an extension and provide an
				  explanation as to why the additional time is required.
(iii) At closure, close each unit in a manner
				  that does all of the following:
(A) Minimizes
				  the need for further maintenance by controlling, minimizing, or eliminating, to
				  the extent necessary to protect human health and the environment, the
				  postclosure escape of hazardous waste, hazardous constituents, leachate,
				  contaminated run-off, or hazardous waste decomposition products to the ground
				  or surface waters or to the atmosphere.
(B) Removes or decontaminates all
				  contaminated equipment, structures, and soil and any remaining hazardous waste
				  residues from the unit including containment system components, contaminated
				  soils and subsoils, bases, and structures and equipment contaminated with
				  waste, unless
				  R
				  299.9203(5) applies.
(C) Any hazardous waste generated in the
				  process of closing the unit must be managed in accordance with all applicable
				  standards of parts 3 to 7, including removing any hazardous waste contained in
				  the unit within 90 days of generating it and managing these wastes in a
				  facility licensed under part 111 of the act, MCL 324.11101 to 324.11153, or
				  under an interim status or permitted facility under subtitle C of RCRA,
				  42 USC
				  6921 to
				  6939g,
				  or a state program authorized thereunder.
(D) If the large quantity generator
				  demonstrates that any contaminated soils and wastes cannot be practicably
				  removed or decontaminated as required in subparagraph (B) of this paragraph,
				  then the unit is considered a landfill. For the purposes of closure,
				  postclosure, and financial responsibility, the large quantity generator shall
				  close the unit and perform postclosure care in accordance with
				  40 CFR
				  265.310 and comply with the requirements for
				  landfills specified in 40 CFR part 265, subparts G and H.
(iv) At closure, the large quantity generator
				  shall comply with the closure requirements of paragraphs (ii) and (iii)(A) and
				  (C) of this subdivision and
				  40 CFR
				  265.445(a) and
				  (b).
(v) The closure requirements of this
				  subdivision do not apply to satellite accumulation areas.
(1) The applicable provisions of 40 CFR part
				  268.
(2) A large quantity generator
				  who accumulates hazardous waste for more than 90 days is an operator of a
				  storage facility and is subject to the requirements of parts 5 to 8 of these
				  rules and the notification requirements of section 3010 of RCRA,
				  42 USC 6930,
				  unless it has been granted an extension to the 90-day period. The director or
				  his or her designee may grant an extension if hazardous wastes must remain on
				  site for longer than 90 days, if applicable, due to unforeseen, temporary, and
				  uncontrollable circumstances. The director or his or her designee may grant an
				  extension of up to 30 days on a case-by-case basis.
(3) A large quantity generator who also
				  generates wastewater treatment sludges from electroplating operations that meet
				  the listing description for the hazardous waste number F006, may accumulate
				  F006 waste on site for more than 90 days, but not more than 180 days without
				  being subject to parts 5 to 8 of these rules and the notification requirements
				  of section 3010 of RCRA,
				  42 USC 6930, if
				  the large quantity generator complies with all of the following additional
				  conditions for exemption:
(a) The large
				  quantity generator has implemented pollution prevention practices that reduce
				  the amount of any hazardous substances, pollutants, or contaminants entering
				  F006 waste or otherwise released to the environment before its
				  recycling.
(b) The F006 waste is
				  legitimately recycled through metals recovery.
(c) No more than 20,000 kilograms of F006
				  waste is accumulated on site at any 1 time.
(d) The F006 waste is managed in accordance
				  with the following:
(i) The F006 waste is
				  placed in either of the following:
(A) In
				  containers and the large quantity generator complies with the applicable
				  conditions for exemption in R 299.9307(1)(b)(i).
(B) Is placed in tanks and the large quantity
				  generator complies with the applicable conditions for exemption in R
				  299.9307(1)(b)(ii).
(ii)
				  The date upon which each period of accumulation begins is clearly marked and
				  visible for inspection on each container.
(iii) While being accumulated on site, each
				  container and tank is labeled or marked clearly with both of the following:
(A) The words "Hazardous Waste."
(B) 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.
(iv) The large quantity generator complies
				  with the requirements in subdivisions (c) to (k) of subrule (1) of this
				  rule.
(4) A
				  large quantity generator who also generates wastewater treatment sludges from
				  electroplating operations that meet the listing description for hazardous waste
				  number F006, and who must transport this waste, or offer this waste for
				  transportation, over a distance of 200 miles or more for off-site metals
				  recovery, may accumulate F006 waste on site for more than 90 days, but not more
				  than 270 days without being subject to parts 5 to 8 of these rules and the
				  notification requirements of section 3010 of RCRA,
				  42 USC 6930, if
				  the large quantity generator complies with all of the conditions for exemption
				  of subrule (3) of this rule.
(5) A
				  large quantity generator accumulating F006 waste in accordance with subrules
				  (3) and (4) of this rule who accumulates F006 waste on site for more than 180
				  days, or for more than 270 days if the large quantity generator must transport
				  this waste, or offer this waste for transportation, over a distance of 200
				  miles or more, or who accumulates more than 20,000 kilograms of F006 waste on
				  site is an operator of a storage facility and is subject to the requirements of
				  parts 5 to 7 of these rules and the notification requirements of section 3010
				  of RCRA,
				  42 USC 6930,
				  unless the large quantity generator has been granted an extension to the
				  180-day, or 270-day if applicable, period or an exception to the 20,000
				  kilogram accumulation limit. Extensions and exceptions may be granted by the
				  director if F006 waste must remain on site for longer than 180 days, or 270
				  days if applicable, or if more than 20,000 kilograms of F006 waste must remain
				  on site due to unforeseen, temporary, and uncontrollable circumstances. An
				  extension of up to 30 days or an exception to the accumulation limit may be
				  granted at the discretion of the director on a case-by-case-basis.
(6) A large quantity generator may accumulate
				  on site hazardous waste received from very small quantity generators under
				  control of the same person, without an operating license or complying with the
				  requirements of parts 5 to 8 of these rules and the notification requirements
				  of section 3010 of RCRA,
				  42 USC 6930, if
				  the large quantity generator complies with all of the following conditions. A
				  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.
(a) The large quantity generator notifies the
				  department at least 30 days before receiving the first shipment from a very
				  small quantity generator using Michigan site identification form EQP5150. The
				  large quantity generator shall identify on the form the name, site address, and
				  contact person name and business telephone number for each very small quantity
				  generator. The large quantity generator shall also submit an updated Michigan
				  site identification form EQP5150 within 30 days after a change in the name or
				  site address for the very small quantity generator.
(b) The large quantity generator maintains
				  records of shipments for 3 years from the date the hazardous waste was received
				  from the very small quantity generator. These records must identify the name,
				  site address, and contact information for the very small quantity generator and
				  include a description of the hazardous waste received, including the quantity
				  and the date the waste was received.
(c) The large quantity generator complies
				  with the independent requirements identified in
				  R
				  299.9301(1)(c) and the conditions for
				  exemption in this rule for all hazardous waste received from a very small
				  quantity generator. For purposes of the labeling and marking regulations in
				  subrule (1)(b) of this rule, the large quantity generator shall label the
				  container or unit with the date accumulation started and the date the hazardous
				  waste was received from the very small quantity generator. If the large
				  quantity generator is consolidating incoming hazardous waste from a very small
				  quantity generator with either its own hazardous waste or with hazardous waste
				  from other very small quantity generators, the large quantity generator shall
				  label each container or unit with the earliest date any hazardous waste in the
				  container was accumulated on site.
(7) A large quantity generator who sends a
				  shipment of hazardous waste to a designated facility with the understanding
				  that the designated facility can accept and manage the waste, and later
				  receives that shipment back as a rejected load or residue in accordance with
				  the manifest discrepancy provisions of
				  R
				  299.9608, may accumulate the returned waste on site in
				  accordance with subrules (1) and (2) of this rule. Upon receipt of the returned
				  shipment, the large quantity generator must:
(a) Sign Item 18c of the manifest, if the
				  transporter returned the shipment using the original manifest.
(b) Sign Item 20 of the manifest, if the
				  transporter returned the shipment using a new manifest.