DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

MATERIALS MANAGEMENT DIVISION

HAZARDOUS WASTE MANAGEMENT

(By authority conferred on the director and the department of environment, great lakes,

and energy by sections 11127, 11128, 11132a, and 11140 of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.11127, 324.11128, 324.11132a,

and 324.11140, and Executive Reorganization Order Nos. 1995-16, 2009-31, and 2011-1,

MCL 324.99903, 324.99919, and 324.99921)

PART 1. GENERAL PROVISIONS

R 299.9101 Definitions; A, B.

Rule 101. As used in these rules:

(a) "Aboveground tank" means a device that meets the definition of "tank" in this part

and that is situated so that the entire surface area of the tank is completely above the

plane of the adjacent surrounding surface bottom and can be visually inspected.

(b) "Act" means the natural resources and environmental protection act, 1994 PA 451,

MCL 324.101 to 324.90106.

(c) "Act 138" means the hazardous materials transportation act, 1998 PA 138, MCL

29.471 to 29.480.

(d) "Act 181" means the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to

480.25.

(e) "Act 207" means the fire prevention code, 1941 PA 207, MCL 29.1 to 29.33.

(f) "Act 218" means sections 3101 and 3102 of the insurance code of 1956, 1956

PA 218, MCL 500.3101 and 500.3102.

(g) "Act 236" means the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to

600.9947.

(h) "Act 300" means the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(i) "Act 306" means the administrative procedures act of 1969, 1969 PA 306, MCL

24.201 to 24.328.

(j) "Act 368" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

(k) "Act 399" means the safe drinking water act, 1976 PA 399, MCL 325.1001 to

325.1023.

(l) "Active life" means the period from the initial receipt of hazardous waste at a facility

until the

director receives certification of final closure.

(m) "Active portion" means that portion of a facility where treatment, storage, or

disposal operations are being, or have been, conducted after November 19, 1980, and that

is not a closed portion. (See also "closed portion" and "inactive portion.")

(n) "Active range" means a military range that is currently in service and being regularly

used for range activities.

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(o) "Acute hazardous waste" means hazardous waste that meets the listing criteria in

R 299.9209(1) and is either listed in table 203a of the rules with the assigned hazard code

of (H) or is listed in table 205a of the rules.

(p) "Administrator" means the administrator of the EPA or the administrator's designee.

(q) "Aerosol can" means a non-refillable receptacle containing a gas compressed,

liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid,

paste, or powder and fitted with a self-closing release device allowing the contents to be

ejected by the gas.

(r) "Aerosol can processing" means the puncturing, draining, or crushing of aerosol

cans.

(s) "AES filing compliance date" means the date that the EPA announces in the Federal

Register, on or after which exporters of hazardous waste and exporters of CRTs for

recycling are required to file EPA information in the Automated Export System or its

successor system, under the International Trade Data System, ITDS, platform.

(t) "Agent," when used in conjunction with the term United States importer, means an

employee of the United States importer or a legally recognized representative of the

United States importer who has been authorized in a lawfully executed written document,

such as a power of attorney, to act on the United States importer's behalf.

(u) "Agreement state" means a state that has entered into an agreement with the NRC

under section 274(b) of the atomic energy act of 1954, 42 USC 2021, as amended, to

assume responsibility for regulating within its borders byproduct, source, or special

nuclear material in quantities not sufficient to form a critical mass.

(v) "Ampule" means an airtight vial made of glass, plastic, metal, or any combination of

these materials.

(w) "Ancillary equipment" means any device, including, but not limited to, such devices

as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control

the flow of hazardous waste from its point of generation to storage or treatment tanks,

between hazardous waste storage and treatment tanks to a point of disposal on site, or to a

point of shipment for disposal off site.

(x) "Antifreeze" means a mixture containing ethylene glycol or propylene glycol for use

as a heat transfer or dehydration fluid for the purposes of regulation as a universal waste

under R 299.9228.

(y) "Aquifer" means a geologic formation, group of formations, or part of a formation

that is capable of yielding a significant amount of groundwater to wells or springs.

(z) "Associated organic chemical manufacturing facility" means a facility that meets all

of the following requirements:

(i) The primary SIC code at the facility is 2869 but operations may also include

SIC codes 2821, 2822, and 2865.

(ii) The facility is physically co-located with a petroleum refinery.

(iii) The petroleum refinery to which the oil that is being recycled is returned also

provides hydrocarbon feedstocks to the facility.

(aa) "ASTM" means the ASTM International.

(bb) "Authorized representative" means the person who is responsible for the overall

operation of a facility or an operational unit, such as the plant manager, superintendent,

or person who has equivalent responsibilities.

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(cc) "Battery" means a device that consists of 1 or more electrically connected

electrochemical cells and that is designed to receive, store, and deliver electric energy.

An electrochemical cell is a system that consists of an anode, a cathode, an electrolyte,

and any connections that are needed to allow the cell to deliver or receive electrical

energy. The term battery also includes an intact, unbroken battery from which the

electrolyte has been removed.

(dd) "Boiler" means an enclosed device that uses controlled flame combustion and that

is either determined by the director to be a boiler based on the standards and procedures

in 40 CFR 260.32 and 260.33, which are adopted by reference in R 299.11003, or that

has all of the following characteristics:

(i) The unit has physical provisions for recovering and exporting thermal energy in the

form of steam, heated fluids, or heated gases.

(ii) The unit's combustion chamber and primary energy recovery section or sections are

of an integral design. To be of an integral design, the combustion chamber and the

primary energy recovery section or sections, such as waterfalls and superheats, must be

physically formed into 1 manufactured or assembled unit. A unit in which the

combustion chamber and the primary energy recovery section or sections are joined only

by ducts or connections carrying flue gas is not integrally designed; however, secondary

energy recovery equipment, such as economizers or air preheaters, need not be physically

formed into the same unit as the combustion chamber and the primary energy recovery

section. The following units are not precluded from being boilers solely because they are

not of an integral design:

(A) Process heaters or units that transfer energy directly to a process stream.

(B) Fluidized bed combustion units.

(iii) While in operation, the unit maintains a thermal energy recovery efficiency of not

less than 60% calculated in terms of the recovered energy compared with the thermal

value of the fuel.

(iv) The unit exports and utilizes not less than 75% of the recovered energy calculated

on an annual basis. In this calculation, credit must not be given for recovered heat that is

used internally in the same unit, such as for the preheating of fuel or combustion air and

for the driving of induced or forced draft fans or feedwater pumps.

(ee) "Burner" means an owner or operator of a facility that burns either used oil fuel or

hazardous waste fuel.

(ff) "By-product" means a material that is not 1 of the primary products of a production

process and that is not solely or separately produced by the production process.

Examples are process residues such as slags or distillation column bottoms. The term

does not include a coproduct that is produced for the general public's use and that is

ordinarily used in the form in which it is produced by the process.

History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2008 AACS;

2013 AACS; 2020 MR 14, Eff. Aug. 3, 2020.

R 299.9102 Definitions; C, D.

Rule 102. As used in these rules:

(a) "Carbon regeneration unit" means an enclosed thermal treatment device used to

regenerate spent activated carbon.

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(b) "Carbon dioxide stream" means carbon dioxide that has been captured from an

emission source such as a power plant, including incidental associated substances derived

from the source materials and the capture process, and any substances added to the

stream to enable or improve the injection process.

(c) "Cathode ray tube" or "CRT" means a vacuum tube, composed primarily of glass,

that is the visual or video display component of an electronic device. A used, intact CRT

is a CRT whose vacuum has not been released. A used, broken CRT means glass

removed from its housing or casing whose vacuum has been released.

(d) "Central accumulation area" means any onsite hazardous waste accumulation area

that has been designated for accumulating hazardous wastes in units subject to

R 299.9306 or R 299.9307. Central accumulation area also includes an onsite hazardous

waste accumulation area at an eligible academic entity that chooses to participate under R

299.9315 and is subject to 40 CFR 262.211 when accumulating unwanted material or

hazardous waste.

(e) "CERCLA" means the comprehensive environmental response, compensation, and

liability act of 1980, 42 USC 9601 to 9675.

(f) "Certification" means a statement of professional opinion based upon knowledge or

belief.

(g) "Certified delivery" means certified mail with return receipt requested, or equivalent

courier service or other means, that provides the sender with a receipt confirming

delivery.

(h) "CFR" means the Code of Federal Regulations.

(i) "Chemical agents and munitions" means chemical agents and munitions as defined in

50 USC section 1521(j)(1).

(j) "Closed portion" means the portion of a facility that an owner or operator has closed

pursuant to the approved facility closure plan and all applicable closure requirements.

(See also "active portion" and "inactive portion.")

(k) "Combustion zone" means the portion of the internal capacity of an incinerator

where the gas temperatures of the materials being burned are within 100 degrees Celsius

of the specified operating temperature.

(l) "Commingling" means the transfer of hazardous wastes between containers or

vehicles by a transporter during transportation that results in the waste being mixed or

repackaged.

(m) "Component" means either the tank or the ancillary equipment of a tank system.

(n) "Condition for exemption" means any requirement in R 299.9304 to R 299.9307,

R 299.9315, R 299.9316, or R 299.9503(1)(c) that states an event, action, or standard that

must occur or be met to obtain an exemption from any applicable requirements under

parts 5 to 8 of the rules, or from the requirement for notification under section 3010 of

RCRA, 42 USC 6930.

(o) "Confined aquifer" means an aquifer that is bounded above and below by

impermeable beds or by beds that have a distinctly lower permeability than that of the

aquifer itself. It is an aquifer that contains confined groundwater.

(p) "Consignee" means the ultimate treatment, storage, or disposal facility in a receiving

country to which the hazardous waste will be sent.

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(q) "Consolidation" means the transfer of containers of hazardous wastes between

transport vehicles by a transporter during transportation without the containers holding

the wastes being opened and without the wastes being repackaged.

(r) "Constituent" or "hazardous waste constituent" means a constituent that caused the

administrator to list the hazardous waste in 40 CFR part 261, subpart D, a constituent that

is listed in table l of 40 CFR 261.24, or a constituent that is listed in table 202 or 205c of

these rules.

(s) "Consumer electronics" means devices containing an electronic circuit board, liquid

crystal display, or plasma display such as those commonly found in homes and offices

and these devices when used in other settings.

(t) "Contained" as it relates to hazardous secondary materials that are legitimately

recycled under R 299.9232, means held in a unit, including a land-based unit, that meets

all of the following criteria:

(i) The unit is in good condition, with no leaks or other continuing or intermittent

unpermitted releases of the hazardous secondary materials to the environment, and is

designed, as appropriate for materials, to prevent releases of the materials to the

environment. Unpermitted releases are releases that are not covered by a permit, such as

a permit to discharge to water or air, and may include releases through surface transport

by precipitation runoff, releases to the soil and groundwater, wind-blown dust, fugitive

air emissions, and catastrophic failures.

(ii) The unit is properly labeled or otherwise has a system, such as a log, to immediately

identify the hazardous secondary materials in the unit.

(iii) The unit holds hazardous secondary materials that are compatible with other

hazardous secondary materials placed in the unit and is compatible with the materials

used to construct the unit and addresses any potential risks of fires or explosions.

(iv) Hazardous secondary materials in units that meet the applicable requirements of

part 6 of these rules are presumptively contained.

(u) "Container" means any portable device in which a material is stored, transported,

treated, disposed of, or otherwise handled.

(v) "Contingency plan" means a document that sets out an organized, planned, and

coordinated course of action to be followed in case of a fire, explosion, or release of

hazardous waste or hazardous waste constituents that could threaten human health or the

environment.

(w) "Corrective action management unit" or "CAMU" means an area within a facility

that is used only for managing remediation waste, in the case of grandfathered corrective

action management units, or corrective action management unit-eligible waste, as further

explained in R 299.9635(2) and (3), in implementing corrective action or cleanup at the

facility.

(x) "Corrective action management unit-eligible waste" or "CAMU-eligible waste"

means all wastes and hazardous wastes and all media, including groundwater, surface

water, soils, sediments, and debris, that are managed for implementing cleanup.

As-generated wastes from ongoing industrial operations at a site are not CAMU-eligible.

Notwithstanding this subdivision and where appropriate, as-generated non-hazardous

waste may be placed in a corrective action management unit if the waste is being used to

facilitate treatment or the performance of the corrective action management unit. Wastes

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that would otherwise meet the definition of a CAMU-eligible waste are not

CAMU-eligible wastes if either of the following apply:

(i) If the wastes are hazardous wastes found during a cleanup in intact or substantially

intact containers, tanks, or other non-land-based units found above ground, unless the

wastes are first placed in the tanks, containers or non-land-based units as part of the

cleanup, or the containers or tanks are excavated during the cleanup.

(ii) If the director, or the director's designee, uses the authority in R 299.9635 to prohibit

the wastes from management in a corrective action management unit.

(y) "Corrosion expert" means a person who, by reason of his or her knowledge of the

physical sciences and the principles of engineering and mathematics acquired by a

professional education and related practical experience, is qualified to engage in the

practice of corrosion control on buried or submerged metal piping systems and metal

tanks. The person shall be certified as being qualified by the National Association of

Corrosion Engineers or be a registered professional engineer who has certification or

licensing that includes education and experience in corrosion control on buried or

submerged metal piping systems and metal tanks.

(z) "CRT collector" means a person who receives used, intact CRTs for recycling,

repair, resale, or donation.

(aa) "CRT exporter" means any person in the United States who initiates a transaction to

send used CRTs outside the United States or its territories for recycling or reuse, or any

intermediary in the United States arranging for the export.

(bb) "CRT glass manufacturer" means an operation or part of an operation that uses a

furnace to manufacture CRT glass.

(cc) "CRT processing" means conducting all of the following activities:

(i) Receiving broken or intact CRTs.

(ii) Intentionally breaking intact CRTs or further breaking or separating broken CRTs.

(iii) Sorting or otherwise managing glass removed from CRT monitors.

(dd) "Designated facility" means a hazardous waste treatment, storage, or disposal

facility that has received a permit or has interim status under 40 CFR parts 124 and 270;

that has a license, permit, or interim status from a state that is authorized under section

3006 of the solid waste disposal act of 1965, 42 USC 6926, which, if located in this state,

has an operating license that is issued under part 111 of the act, MCL 324.11101 to

324.11153, has a legally binding agreement with the director that authorizes operation, or

is subject to the requirements of section 11123(7) and (8) of the act, MCL 324.11123; or

that is regulated under R 299.9206(1)(c) or R 299.9803; and that has been designated on

the manifest by the generator under R 299.9309. If the waste is destined for a facility in

an authorized state that has not yet obtained authorization to regulate the particular waste

as hazardous, then the designated facility shall be a facility that is allowed by the

receiving state to accept the waste. A designated facility may also mean a generator site

designated on the manifest to receive its waste as a return shipment from a facility that

has rejected the waste pursuant to R 299.9608.

(ee) "Destination facility" means a facility that treats, disposes of, or recycles a

particular category of universal waste, except for the management activities described in

40 CFR 273.13(a) and (c) and 273.33(a) and (c). A facility at which a particular category

of universal waste is only accumulated is not a destination facility for purposes of

managing that category of universal waste.

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(ff) "Dike" means an embankment or ridge that consists of either natural or man-made

materials and that is used to prevent the movement of liquids, sludges, solids, or other

materials.

(gg) "Dioxins and furans (D/F)" means tetra, penta, hexa, hepta, and octa-chlorinated

dibenzo dioxins and furans.

(hh) "Director" means the director of the department of environment, great lakes, and

energy.

(ii) "Discharge" or "hazardous waste discharge" means the accidental or intentional

spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste

into or on any land or water.

(jj) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or

placing of any hazardous waste into or on land or water in a manner that the hazardous

waste or a constituent of the hazardous waste might enter the environment, be emitted

into the air, or discharged into water, including groundwater.

(kk) "Disposal facility" means a facility or a part of a facility at which hazardous waste,

as defined by these rules, is intentionally placed into or on any land or water and at which

hazardous waste will remain after closure. The term "disposal facility" does not include a

corrective action management unit into which remediation wastes are placed.

(ll) "Displacement" means the relative movement of any two sides of a fault measured

in any direction.

(mm) "DOD" means the United States Department of Defense.

(nn) "DOE" means the United States Department of Energy.

(oo) "DOT" means the United States Department of Transportation.

(pp) "Do-it-yourselfer used oil collection center" means any site or facility that accepts

or aggregates and stores used oil collected only from household do-it-yourselfers.

(qq) "Drip pad" means an engineered structure that consists of a curbed, free-draining

base, which is constructed of nonearthen materials, and which is designed to convey

preservative kick-back or drippage from treated wood, precipitation, and surface water

run-on to an associated collection system at wood preserving plants.

History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2008 AACS;

2013 AACS; 2017 AACS; 2020 MR 14, Eff. Aug. 3, 2020.

R 299.9103 Definitions; E, F.

Rule 103. As used in these rules:

(a) "Electronic import-export reporting compliance date" means the date that the EPA

announces in the Federal Register, on or after which exporters, importers, and receiving

facilities are required to submit certain export and import related documents to the EPA

using the EPA’s Waste Import Export Tracking System, or its successor system.

(b) "Electronic manifest" or "e-manifest" means the electronic format of the hazardous

waste manifest that is obtained from the EPA’s national e-manifest system and

transmitted electronically to the system, and that is the legal equivalent of EPA Forms

8700-22 and 8700-22A.

(c) "Electronic manifest system" or "e-manifest system" means the EPA’s national

information technology system through which the electronic manifest may be obtained,

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completed, transmitted, and distributed to users of the electronic manifest and to

regulatory agencies.

(d) "Element" means any part of a unit or any group of parts of a unit that are assembled

to perform a specific function, for example, a pump seal, pump, kiln liner, or kiln

thermocouple.

(e) "Elementary neutralization unit" means a device that is following both of the

following requirements:

(i) Is used for neutralizing wastes that are hazardous wastes only because they exhibit

the corrosivity characteristic defined in R 299.9212 or are listed in R 299.9213 or

R 299.9214 only because they exhibit the corrosivity characteristic.

(ii) Is in compliance with the definition of "tank," "tank system," "container," "transport

vehicle," or "vessel" as specified in this part.

(f) "Eligible NARM waste" means NARM waste that is eligible for the transportation

and disposal conditional exemption under R 299.9823 of the rules. It is a NARM waste

that contains hazardous waste, meets the waste acceptance criteria of, and is allowed by

state NARM regulations to be disposed of at a low-level radioactive waste disposal

facility licensed under 10 CFR part 61 or NRC agreement state equivalent regulations.

(g) "Enforceable document" means an order, a plan, or other document issued by the

department either in place of an operating license for the postclosure period, or as a

source of alternative requirements for hazardous waste management units, as provided

under these rules. An enforceable document may include, but is not limited to, a

corrective action order under part 111 of the act, MCL 324.11101 to 324.11153, a

CERCLA remedy, or a closure or postclosure plan. An enforceable document must be

issued under an authority that has available all of the following remedies:

(i) The authority to sue in courts of competent jurisdiction to enjoin any threatened or

continuing violation of the requirements of these documents.

(ii) The authority to compel compliance with the requirements for corrective action or

other emergency response measures deemed necessary to protect human health and the

environment.

(iii) The authority to assess or sue to recover in court civil penalties, including fines, for

violations of the requirements of these documents.

(h) "EPA" means the United States Environmental Protection Agency.

(i) "EPA acknowledgment of consent" or "EPA AOC" means the letter EPA sends to the

exporter documenting the specific terms of the country of import’s consent and the

country or countries of transit’s consent. The AOC meets the definition of an export

license in the U.S. Census of Bureau regulations in 15 CFR 30.1.

(j) "EPA region" means the states and territories found in any of the 10 EPA regions

identified in 40 CFR 260.10.

(k) "Episodic event" means an activity or activities, either planned or unplanned, that

does not normally occur during generator operations and that results in an increase in the

generation of hazardous wastes that exceeds the calendar month quantity limits for the

generator’s usual category.

(l) "Equivalent method" means any testing or analytical method that is approved by the

director under R 299.9215.

(m) "Excluded scrap metal" means processed scrap metal, unprocessed home scrap

metal, and unprocessed prompt scrap metal.

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(n) "Exempted radioactive waste" means a waste that meets the eligibility criteria and all

of the conditions in R 299.9822, or meets the eligibility criteria and complies with all of

the conditions in R 299.9823. The waste is conditionally exempted from the regulatory

definition of hazardous waste in R 299.9203.

(o) "Existing facility" means a treatment, storage, or disposal facility that either received

all necessary state-issued environmental permits or licenses before January 1, 1980, or for

which approval of construction was received from the air pollution control commission

before November 19, 1980. Existing facilities also include those treatment, storage, or

disposal facilities that were operating before January 1, 1980, under existing authority

and that did not require state-issued environmental permits or licenses.

(p) "Existing portion" means the land surface area of an existing waste management unit

previously authorized and included in the original part A permit application to the EPA

on which wastes have been placed before the issuance of a permit under RCRA or an

operating license under these rules, whichever is sooner.

(q) "Existing tank system" or "existing component" means a tank system or component

that is used for the storage or treatment of hazardous waste and that is in operation, or for

which installation has commenced, on or before July 14, 1986. Installation has

commenced if the owner or operator has obtained all federal, state, and local approvals or

permits necessary to begin physical construction of the site or installation of the tank

system and if either of the following provisions applies:

(i) A continuous on-site physical construction or installation program has begun.

(ii) The owner or operator has entered into contractual obligations, which cannot be

cancelled or modified without substantial loss, for physical construction of the site of

installation of the tank system to be completed within a reasonable time.

(r) "Explosives or munitions emergency" means a situation involving the suspected or

detected presence of unexploded ordnance, damaged or deteriorated explosives or

munitions, an improvised explosive device, other potentially explosive material or

device, or other potentially harmful military chemical munitions or device, that creates an

actual or potential imminent threat to human health, including safety, or the environment,

including property, as determined by an explosives or munitions emergency response

specialist. Situations may require immediate and expeditious action by an explosives or

munitions emergency specialist to control, mitigate, or eliminate the threat.

(s) "Explosives or munitions emergency response" means all immediate response

activities by an explosives or munitions emergency response specialist to control,

mitigate, or eliminate the actual or potential threat encountered during an explosives or

munitions emergency. An explosives or munitions emergency response may include in-

place render-safe procedures, treatment or destruction of the explosives or munitions

or transporting those items to another location to be rendered safe, treated, or destroyed.

Any reasonable delay in the completion of an explosives or munitions emergency

response caused by a necessary, unforeseen, or uncontrollable circumstance does not

terminate the explosives or munitions emergency. Explosives and munitions emergency

responses may occur on either public or private lands and are not limited to responses at

RCRA facilities.

(t) "Explosives or munitions emergency response specialist" means an individual trained

in chemical or conventional munitions or explosives handling, transportation, render-safe

procedures, or destruction techniques. Explosives or munitions emergency response

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specialists include DOD emergency explosive ordnance disposal, technical escort unit,

and DOD-certified civilian or contractor personnel; and other federal, state, or local

government or civilian personnel similarly trained in explosives or munitions emergency

responses.

(u) "Exporter", also known as "primary exporter" on the manifest, means any person

domiciled in the United States who is required to originate the movement document

under R 299.9309 or the manifest for a shipment of hazardous waste under these rules,

which specifies a foreign receiving facility to which the hazardous waste will be sent, or

any recognized trader who proposes export of the hazardous waste for recovery or

disposal operations in the country of import.

(v) "Facility" means all contiguous land and structures, other appurtenances, and

improvements on the land used for treating, storing, or disposing of hazardous waste, or

for managing hazardous secondary materials before reclamation. A facility may consist

of several treatment, storage, or disposal operational units, such as 1 or more landfills or

surface impoundments, or combinations of operational units. For the purpose of

implementing corrective action under part 111 of the act, MCL 324.11101 to 324.11153,

"facility" includes all contiguous property under the control of the owner or operator.

Notwithstanding the definition of the term "facility" as it relates to corrective action, a

remediation waste management site is not a facility that is subject to corrective action

under R 299.9629, but is subject to the corrective action requirements of part 111 of the

act, MCL 324.11101 to 324.11153, and these rules if the site is located within such a

facility.

(w) "Facility mailing list" means the mailing list for a facility that is maintained by the

department under 40 CFR 124.10(c)(1)(ix).

(x) "Fault" means a fracture along which rocks on 1 side have been displaced with

respect to rocks on the other side.

(y) "Federal agency" means any department, agency, or other instrumentality of the

federal government; any independent agency or establishment of the federal government,

including any government corporation; and the United States Government Publishing

Office.

(z) "Federal clean air act" means the clean air act, 42 USC 7401 to 7671q.

(aa) "Federal clean water act,” means the federal water pollution control act, 33 USC

1251 to 1388.

(bb) "Federal hazardous materials transportation act" means the hazardous materials

transportation authorization act of 1994, 49 USC 5101 to 5128.

(cc) "Federal resource conservation and recovery act" means the resource conservation

and recovery act of 1976, 42 USC 6901 to 6992k.

(dd) "Federal safe drinking water act" means the safe drinking water act, 42 USC 300f

to 300j-27.

(ee) "FIFRA" means the federal insecticide, fungicide, and rodenticide act, 7 USC 136

to 136y.

(ff) "Final closure" means the closure of all hazardous waste management units at the

facility under all applicable closure requirements so that hazardous waste management

activities under parts 5 and 6 of these rules are no longer conducted at the facility, unless

the activities are subject to R 299.9305 to R 299.9307.

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(gg) "Flood" means a flood that has a 1% chance of being equaled or exceeded in any

given year.

(hh) "Floodplain" means any land area that is subject to a 1% or greater chance of

flooding in any given year from any source.

(ii) "Food chain crops" means tobacco, crops grown for human consumption, and crops

grown for feed for animals whose products are consumed by humans.

(jj) "Freeboard" means the vertical distance between the top of a tank or surface

impoundment dike and the surface of the waste contained in the tank or surface

impoundment dike.

(kk) "Free liquids" means liquids that readily separate from the solid portion of a waste

at ambient temperature and pressure.

(ll) "Fugitive emissions" means air contaminant emissions that emanate from non-point

emission sources or sources other than stacks, ducts, or vents.

(mm) "Functionally equivalent element" means an element that performs the same

function or measurement and that meets or exceeds the performance specifications of

another element.

History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 1998 AACS; 2000 AACS; 2004 AACS;

2013 AACS; 2017 AACS; 2020 MR 14, Eff. Aug. 3, 2020.

Editor's Note: An obvious error in R 299.9103 was corrected at the request of the promulgating agency,

pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing

the error was published in Michigan Register, 2020 MR 14. The memorandum requesting the correction

was published in Michigan Register, 2020 MR 14.

R 299.9104 Definitions; G to I.

Rule 104. As used in these rules:

(a) "Generator" means any person, by site, whose act or process produces hazardous

waste identified or listed in part 2 of these rules or whose act first causes a hazardous

waste to become subject to regulation.

(b) "Geologist" means a person who, by reason of his or her knowledge of geology,

mathematics, and the physical and life sciences, acquired by education and experience, is

equipped to practice geology.

(c) "Groundwater" means water below the land surface in a zone of saturation.

(d) "Hazardous secondary material" means a secondary material such as a spent

material, by-product, or sludge that, when discarded, would be identified as hazardous

waste under part 2 of these rules.

(e) "Hazardous secondary material generator" means a person whose act or process

produces hazardous secondary materials at the generating facility. For the purpose of this

definition, a generating facility includes all contiguous property owned, leased, or

otherwise controlled by the hazardous secondary material generator.

(f) "Hazardous waste" means a hazardous waste as defined in R 299.9203.

(g) "Hazardous waste fuel" means hazardous waste burned for energy recovery in any

boiler or industrial furnace that is not regulated as an incinerator or fuel produced from

hazardous waste for this purpose by processing, blending, or other treatment.

(h) "Hazardous waste management unit" means a contiguous area of land on or in which

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hazardous waste is placed or is the largest area in which there is a significant likelihood

of mixing hazardous waste constituents in the same area. Examples of hazardous waste

management units include all of the following:

(i) A surface impoundment.

(ii) A waste pile.

(iii) A land treatment area.

(iv) A landfill cell.

(v) An incinerator.

(vi) A tank and its associated piping and underlying containment system.

(vii) A container storage area. A container alone does not constitute a unit. The unit

includes containers and the land or pad upon which they are placed.

(viii) A miscellaneous unit.

(i) "Hazardous waste number" means the code number that is used to identify a

particular type of hazardous waste.

(j) "Holocene" means the most recent epoch of the quaternary period extending from the

end of the Pleistocene to the present.

(k) "Home scrap metal means scrap metal as generated by steel mills, foundries, and

refineries such as turnings, cuttings, punchings, and borings.

(l) "Household do-it-yourselfer used oil" means oil that is derived from households,

such as used oil generated by individuals through the maintenance of their personal

vehicles.

(m) "Household do-it-yourselfer used oil generator" means an individual who generates

household do-it-yourselfer used oil.

(n) "Import" means the act of bringing hazardous waste into the United States from a

foreign country.

(o) "Inactive portion" means that portion of a facility that is not operated after

November 19, 1980. (See also "active portion" and "closed portion.")

(p) "Inactive range” means a military range that is not currently being used, but that is

still under military control and considered by the military to be a potential range area, and

that has not been put to a new use that is incompatible with range activities.

(q) "Incinerator" means an enclosed device that satisfies either of the following criteria:

(i) Uses controlled flame combustion, does not meet the criteria for classification as a

boiler, sludge dryer, or carbon regeneration unit, and is not listed as an industrial furnace.

(ii) Meets the definition of an infrared incinerator or plasma arc incinerator.

(r) "Incompatible waste" means a hazardous waste that is unsuitable for either of the

following:

(i) Placement in a particular device or facility because it may cause the corrosion or

decay of containment materials, for example, container inner liners or tank walls.

(ii) Commingling with another waste or material under uncontrolled conditions because

the commingling might produce heat or pressure; fire or explosion; a violent reaction;

toxic dusts, mists, fumes, or gases; or flammable fumes or gases. Examples of

incompatible wastes are described in 40 CFR part 264, appendix V, and part 265,

appendix V.

(s) "Independent requirement" means a requirement in part 3 of the rules that states an

event, action, or standard that must occur or be met, and that applies without relation to,

or irrespective of, the purpose of obtaining a conditional exemption from the operating

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license, interim status, and operating standards under R 299.9304 to R 299.9307,

R 299.9315, or R 299.9316.

(t) "Individual generation site" means the contiguous site at or on which 1 or more

hazardous wastes are generated. An individual generation site, such as a large

manufacturing plant, may have 1 or more sources of hazardous waste, but is considered a

single or individual generation site if the site or property is contiguous.

(u) "Industrial furnace" means any of the following enclosed devices that are integral

components of manufacturing processes and that use thermal treatment to accomplish the

recovery of materials or energy:

(i) Cement kilns.

(ii) Lime kilns.

(iii) Aggregate kilns.

(iv) Phosphate kilns.

(v) Coke ovens.

(vi) Blast furnaces.

(vii) Smelting, melting, and refining furnaces, including pyrometallurgical devices, such

as cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces.

(viii) Titanium dioxide chloride process oxidation reactors.

(ix) Methane reforming furnaces.

(x) Pulping liquor recovery furnaces.

(xi) Combustion devices that are used in the recovery of sulfur values from spent

sulfuric acid.

(xii) Halogen acid furnaces for the production of acid from halogenated hazardous waste

generated by chemical production facilities where the furnace is located on the site of a

chemical production facility, the acid product has a halogen acid content of at least 3%,

the acid product is used in a manufacturing process, and, except for hazardous waste

burned as a fuel, hazardous waste fed to the furnace has a minimum halogen content of

20% as-generated.

(xiii) Other devices that the administrator may, after notice and comment, add to this

subdivision on the basis of 1 or more of the following factors:

(A) The design and use of the device primarily to accomplish the recovery of material

products.

(B) The use of the device to burn or reduce raw materials to make a material product.

(C) The use of the device to burn or reduce secondary materials as effective substitutes

for raw materials in processes using raw materials as principal feedstocks.

(D) The use of the device to burn or reduce secondary materials as ingredients in an

industrial process to make a material product.

(E) The use of the device in common industrial practice to produce a material product.

(F) Other factors, as appropriate.

(v) "Infrared incinerator" means any enclosed device that uses electric powered

resistance heaters as a source of radiant heat followed by an afterburner using controlled

flame combustion and that is not listed as an industrial furnace.

(w) "In-ground tank" means a device that satisfies the definition of "tank" specified in

R 299.9108(a) and that has a portion of its wall situated, to any degree, within the ground,

thereby preventing visual inspection of the external surface area of the device that is in

the ground.

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(x) "Injection well" means a well into which fluids are injected. (See also "underground

injection.")

(y) "Inner liner" means a continuous layer of material that is placed inside a tank or

container and that protects the construction materials of the tank or container from the

contained waste or reagents used to treat the waste.

(z) "In operation" means that a facility is treating, storing, or disposing of hazardous

waste.

(aa) "Installation inspector" means a person who, by reason of his or her knowledge of

the physical sciences and the principles of engineering acquired by a professional

education and related practical experience, is qualified to supervise the installation of

tank systems

(bb) "Intermediate facility" means any facility that stores hazardous secondary materials

for more than 10 days, other than a hazardous secondary material generator or reclaimer

of the material.

(cc) "International shipment" means the transportation of hazardous waste into or out of

the jurisdiction of the United States.

History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2008 AACS; 2013 AACS;

2017 AACS; 2020 MR 14, Eff. Aug. 3, 2020.

R 299.9105 Definitions; L to N.

Rule 105. As used in these rules:

(a) "Lamp" means the bulb or tube portion of a lighting device specifically designed to

produce radiant energy, most often in the ultraviolet, visible, and infrared regions of the

electromagnetic spectrum.

Examples of common lamps include incandescent,

fluorescent, high intensity discharge, sodium vapor, mercury vapor, and neon lamps.

(b) "Land-based unit" means an area where hazardous secondary materials are placed in

or on the land before recycling. This definition does not include land-based production

units.

(c) "Land disposal" means placement in or on the land and includes, but is not limited

to, placement in any of the following:

(i) A landfill.

(ii) A surface impoundment.

(iii) A waste pile.

(iv) An injection well.

(v) A land treatment facility.

(vi) A salt dome formation.

(vii) A salt bed formation.

(viii) An underground mine or cave.

(ix) A concrete vault or bunker intended for disposal purposes.

"Land disposal" also means placement in or on the land by means of open detonation and

open burning where the residues continue to exhibit 1 or more of the characteristics of

hazardous waste. "Land disposal" does not include ocean disposal.

(d) "Land disposal restriction treatment standards" means the treatment standards under

40 CFR part 268 that a hazardous waste must meet.

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(e) "Landfill" means a disposal facility or part of a facility where hazardous waste is

placed in or on land. "Landfill" does not include any of the following:

(i) A pile.

(ii) A land treatment facility.

(iii) A surface impoundment.

(iv) An underground injection well.

(v) A salt dome formation.

(vi) A salt bed formation.

(vii) An underground mine or cave.

(viii) A corrective action management unit.

(f) "Landfill cell" means a discrete volume of a hazardous waste landfill that uses a liner

to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells

are trenches and pits.

(g) "Land treatment facility" means a treatment facility or part of a treatment facility at

which hazardous waste is applied onto or incorporated into the soil surface. The facilities

are disposal facilities if the waste will remain after closure.

(h) "Large quantity generator" means a generator who generates any of the following

amounts in a calendar month:

(i) Greater than or equal to 1000 kilograms of non-acute hazardous waste.

(ii) Greater than 1 kilogram of acute hazardous waste.

(iii) Greater than 1 kilogram of severely toxic hazardous waste.

(iv) Greater than 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

hazardous waste or severely toxic hazardous waste.

(i) "Leachate" means any liquid, including any suspended components in the liquid, that

has percolated through or drained from hazardous waste.

(j) "Leak detection system" means a system capable of detecting the failure of either the

primary or secondary containment structure or the presence of a release of hazardous

waste or accumulated liquid in the secondary containment structure. The system must

employ operational controls, such as daily visual inspections for releases into the

secondary containment system or aboveground tanks, or consist of an interstitial

monitoring device designed to continuously and automatically detect the failure of the

primary or secondary containment structure or the presence of a release of hazardous

waste into the secondary containment structure.

(k) "Lift" means a layer of placed materials, including a layer of compacted clay in a

landfill liner or cap, or a layer of waste in a landfill.

(l) "Liner" means a continuous layer of natural or man-made materials beneath or on the

sides of a surface impoundment, landfill, or landfill cell that restricts the downward or

lateral escape of hazardous waste, hazardous waste constituents, or leachate.

(m) "Low-level mixed waste" or "LLMW" means a waste that contains both LLRW and

hazardous waste.

(n) "Low-level radioactive waste" or "LLRW" means a radioactive waste that contains

source, special nuclear, or byproduct materials, and that is not classified high-level

radioactive waste, transuranic waste, spent nuclear fuel, or byproduct materials as defined

in section 11(e)(2) of the atomic energy act of 1954, 42 USC 2014(e)(2).

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(o) "Management" or "hazardous waste management" means the systematic control of

the collection, source separation, storage, transportation, processing, treatment, recovery,

and disposal of hazardous waste.

(p) "Manifest" means the shipping document EPA Form 8700-22, including, if

necessary, EPA Form 8700-22A, or the electronic manifest, in accordance with the

applicable requirements of parts 3, 4, and 6 of these rules.

(q) "Manifest tracking number" means the alphanumeric identification number which is

preprinted in item 4 of the manifest by a registered source.

(r) "Method of treatment or disposal" means 1 of the major categories of treatment or

disposal used for hazardous waste, including any of the following:

(i) Landfill.

(ii) Land treatment.

(iii) Thermal treatment.

(iv) Chemical treatment.

(v) Physical treatment.

(vi) Biological treatment.

(s) "Military" means the DOD, the United States Armed Services, Coast Guard,

National Guard, DOE, or other parties under contract or acting as agent for any of the

parties, who handle military munitions.

(t) "Military munitions" means all ammunition products and components produced or

used by or for the DOD or the United States Armed Services for national defense and

security, including military munitions under the control of the DOD, the United States

Coast Guard, the DOE, and National Guard personnel. The term military munitions

includes any of the following: confined gaseous, liquid, and solid propellants,

explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used

by DOD components, including bulk explosives and chemical warfare agents, chemical

munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds,

artillery ammunitions, small arms ammunitions, grenades, mines, torpedoes, depth

charges, cluster munitions and dispensers, demolitions charges, and devices and

components thereof. Military munitions do not include wholly inert items, improvised

explosive devices, and nuclear weapons, nuclear devices, and nuclear components

thereof. However, the term military munitions does include nonnuclear components of

nuclear devices, managed under the DOE's nuclear weapons program after all required

sanitization operations under the atomic energy act of 1954, 42 USC 2011 to 2296b-7, as

amended, have been compiled.

(u) "Military range" means designated land and water areas set aside, managed, and

used to conduct research on, develop, test, and evaluate military munitions and

explosives, other ordnance, or weapon systems, or to train military personnel in their use

and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test

pads, detonation pads, impact areas, and buffer zones with restricted access and

exclusionary areas.

(v) "Mining overburden returned to the mine site" means any material overlying an

economic mineral deposit that is removed to gain access to the deposit and is then used

for reclamation of a surface mine.

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(w) "Miscellaneous unit" means a hazardous waste management unit where hazardous

waste is treated, stored, or disposed of. "Miscellaneous unit" does not include any of the

following:

(i) A container.

(ii) A tank.

(iii) A surface impoundment.

(iv) A pile.

(v) A land treatment unit.

(vi) A landfill.

(vii) An incinerator.

(viii) A boiler.

(ix) An industrial furnace.

(x) An underground injection well with appropriate technical standards pursuant to

40 CFR part 146.

(xi) A unit that is eligible for a temporary operating license for research under

R 299.9501.

(xii) A corrective action management unit.

(xiii) A staging pile.

(x) "Movement" means that hazardous waste transported to a facility in an individual

vehicle.

(y) "Mixed waste" means a waste that contains both hazardous waste and source, special

nuclear, or byproduct material subject to the atomic energy act of 1954, 42 USC 2011 to

2296b-7, as amended.

(z) "Naturally occurring and/or accelerator-produced radioactive material" or "NARM"

means radioactive material that is regulated by a state under state law, or by the DOE, as

authorized by the atomic energy act of 1954, 42 USC 2011 to 2296b-7, as amended,

under DOE orders, and meets either of the following requirements:

(i) Is radioactive material that is naturally occurring and is not source, special nuclear, or

byproduct material as defined by the atomic energy act of 1954, 42 USC 2011 to 2296b-

7, as amended.

(ii) Is radioactive material that is produced by an accelerator.

(aa) "New tank system" or "new tank component" means a tank system or component

that will be used for the storage or treatment of hazardous waste and for which

installation has commenced after July 14, 1986. For purposes of 40 CFR 264.193(g)(2)

and 265.193(g)(2), a new tank system is one for which construction commences after

July 14, 1986.

(bb) "NFPA" means the National Fire Protection Association.

(cc) "No free liquids" as used in R 299.9204, means that solvent-contaminated wipes

may not contain free liquids as determined by Method 9095B, the Paint Filter Liquids

Test, included in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,

EPA publication SW-846 or by another standard or test method approved by the director,

and that there is no free liquid in the container holding the wipes.

(dd) "Non-acute hazardous waste" means all hazardous waste that are not acute

hazardous waste or severely toxic hazardous waste as defined in these rules.

(ee) "NRC" means the United States Nuclear Regulatory Commission.

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(ff) "NRC license" or "NRC agreement state license" means a license issued by the

NRC, or NRC agreement state, to users that manage radionuclides regulated by the NRC,

or NRC agreement states, under the authority of the atomic energy act of 1954, 42 USC

2011 to 2296b-7, as amended.

History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS;2008 AACS;

2013 AACS; 2017 AACS; 2020 MR 14, Eff. Aug. 3, 2020.

R 299.9106 Definitions; O to Q.

Rule 106. As used in these rules:

(a) "On-ground tank" means a device that satisfies the definition of "tank" in

R 299.9108(a) and that is situated in such a way that the bottom of the tank is on the same

level as the adjacent surrounding surface so that the external tank bottom cannot be

visually inspected.

(b) "On-site" means on the same or geographically contiguous property, which may be

divided by a public or private right-of-way if the entrance and exit between the pieces of

property are at a crossroads intersection and access is by crossing, rather than going

along, the right-of-way. Noncontiguous pieces of property owned by the same person but

connected by a right of way that the owner controls and that the public does not have

access is also considered on-site property.

(c) "On-site treatment facility" means a facility that is for the treatment of hazardous

waste in tanks or containers, that is located on the site of generation of the wastes, and

that does not do either of the following:

(i) Include equipment for incineration.

(ii) Accept hazardous wastes from other generators.

(d) "Open burning" means the combustion of any material without any of the following

characteristics:

(i) Control of combustion air to maintain adequate temperature for efficient combustion.

(ii) Containment of the combustion reaction in an enclosed device to provide sufficient

residence time and mixing for complete combustion.

(iii) Control of the emission of the gaseous combustion products. (See also

"incineration" and "thermal treatment.")

(e) "Operating license" means a license to construct a new facility or expand, enlarge, or

alter an existing facility, or to operate a facility pursuant to the authority of part 111 of

the act, MCL 324.11101 to 324.11153.

(f) "Operator" means the person responsible for the overall operation of a facility.

(g) "Owner" means the person who owns a treatment, storage, or disposal facility, or

part of a facility, including the titleholder of the land on which the facility is located.

(h) "Partial closure" means the closure of a hazardous waste management unit pursuant

to the applicable closure requirements of 40 CFR part 265 and part 6 of these rules at a

facility that contains other active hazardous waste management units. For example,

partial closure may include the closure of a tank, including its associated piping and

underlying containment systems, a landfill cell, surface impoundment, waste pile, or

other hazardous waste management units while other units of the same facility continue

to operate.

(i) "Person" means any of the following entities:

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(i) An individual.

(ii) A partnership.

(iii) The state.

(iv) A trust.

(v) A firm.

(vi) A joint stock company.

(vii) A federal agency.

(viii) A corporation, including a government corporation.

(ix) An association.

(x) A municipality

(xi) A commission.

(xii) A political subdivision of a state.

(xiii) Any interstate body.

(xiv) Any other public body created by or under state law.

(j) "Personnel" or "facility personnel" means all persons who work at, or oversee the

operations of, a hazardous waste facility and whose actions or failure to act might result

in noncompliance with part 111 of the act, MCL 324.11101 to 324.11153, or these rules.

(k) "Pesticide" means any substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any pest, or intended for use as a plant regulator,

defoliant, or desiccant, other than any article that meets any of the following criteria:

(i) Is a new animal drug under section 201(v) of the federal food, drug, and cosmetic

act, 21 USC 321(v).

(ii) Is an animal drug that has been determined by regulation of the secretary of health

and human services not to be a new animal drug.

(iii) Is an animal feed under section 201(w) of the federal food, drug, and cosmetic act,

21 USC 321(w), that bears or contains any substances identified in paragraph (i) or (ii) of

this subdivision.

(l) "Petrochemical recovered oil" means oil that has been reclaimed from secondary

materials from normal organic chemical manufacturing processes and oil recovered from

organic chemical manufacturing processes.

(m) "Petroleum refining facility" means an establishment that is primarily engaged in

producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants through

fractionation, straight distillation of crude oil, redistillation of unfinished petroleum

derivatives, cracking, or other processes.

(n) "Pharmaceutical" means a drug intended for use in the diagnosis, cure, mitigation,

treatment, therapy, or prevention of disease in humans or animals.

(o) "Pile" means any noncontainerized accumulation of solid, nonflowing hazardous

waste that is used for treatment or storage.

(p) "Planned episodic event" means an episodic event that the generator planned and

prepared for, including regular maintenance, tank cleanouts, short-term projects, and

removal of excess chemical inventory.

(q) "Plasma arc incinerator" means any enclosed device which uses a high intensity

electrical discharge or arc as a source of heat followed by an afterburner using controlled

flame combustion and which is not listed as an industrial furnace.

(r) "Point source" means any discernible, confined, and discrete conveyance, including

any of the following from which pollutants are or might be discharged:

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(i) A pipe.

(ii) A ditch.

(iii) A channel.

(iv) A tunnel.

(v) A conduit.

(vi) A well.

(vii) A discrete fissure.

(viii) A container.

(ix) Rolling stock.

(x) A concentrated animal feeding operation.

(xi) A vessel or other floating craft.

"Point source" does not include return flows from irrigated agriculture.

(s) "Primary monitoring parameter" means indicator parameters, for example, specific

conductance, total organic carbon, or total organic halogen; hazardous waste constituents;

or reaction products which provide a reliable indication of the presence of hazardous

constituents in groundwater and which, when specified in a facility operating license, are

subject to all of the requirements of 40 CFR part 264, subpart F.

(t) "Processed scrap metal" means scrap metal which has been manually or physically

altered to either separate it into distinct materials to enhance economic value or to

improve the handling of materials. Processed scrap metal includes, but is not limited to,

scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut,

melted, or separated by metal type and fines, drosses, and related materials which have

been agglomerated. Shredded circuit boards being sent for recycling are not considered

processed scrap and are covered under the exclusion from the definition of waste for

shredded circuit boards that are being recycled in R 299.9204.

(u) "Processing" means chemical or physical operations designed to produce from used

oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other

used oil-derived products. Processing includes all of the following:

(i) Blending used oil with virgin petroleum products.

(ii) Blending used oils to meet fuel specifications.

(iii) Filtration.

(iv) Simple distillation.

(v) Chemical or physical separation.

(vi) Re-refining.

(v) "Prompt scrap metal" means scrap metal as generated by the metal working and

fabrication industries. Prompt scrap metal, which is also known as "industrial" or "new"

scrap metal, includes all of the following:

(i) Turnings.

(ii) Cuttings.

(iii) Punching.

(iv) Borings.

(w) "Publicly owned treatment works", known as "POTW," means any device or system

which is used in the treatment, including recycling and reclamation, of municipal sewage

or industrial wastes of a liquid nature and which is owned by a "state" or "municipality,"

as defined by section 502(4) of the federal clean water act, 33 USC 1362(4). This

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definition includes sewers, pipes, or other conveyances only if they convey wastewater to

a POTW providing treatment.

(x) "Qualified groundwater scientist" means a scientist or engineer who has received a

baccalaureate or post-graduate degree in the natural sciences or engineering, and has

sufficient training and experience in groundwater hydrology and related fields as may be

demonstrated by state registration, professional certifications, or completions of

accredited university courses that enable that individual to make sound professional

judgments regarding groundwater monitoring and contaminant fate and transport.

History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2013 AACS;

2020 MR 14, Eff. Aug. 3, 2020.

R 299.9107 Definitions; R, S.

Rule 107. As used in these rules:

(a) "RCRA" means the solid waste disposal act, as amended by the resource

conservation and recovery act of 1976, as amended, 42 USC 6901 to 6992k.

(b) "Reclamation" means either processing to recover a usable product or regeneration,

such as in the recovery of lead values from spent batteries and the regeneration of spent

solvents. For the purpose of R 299.9204(1)(aa) and (bb), smelting, melting, and refining

furnaces are considered to be solely engaged in metals reclamation if the metal recovery

from the hazardous secondary materials meets the same requirements as those specified

for metals recovery from hazardous waste of 40 CFR 266.100(d)(1)-(3), and if the

residuals meet the requirements of R 299.9808.

(c) "Recognized trader" means a person domiciled in the United States, by site of

business, who acts to arrange and facilitate transboundary movements of wastes destined

for recovery or disposal operations, either by purchasing from and subsequently selling to

United States and foreign facilities, or by acting under arrangements with a United States

waste facility to arrange for the export or import of the wastes.

(d) "Recreational property" means all lands that are predominately intended to provide

outdoor recreational activities under the control and operation of a governmental agency,

such as outdoor parks, preserves, campgrounds, and wildlife refuges.

(e) "Recycle" means use, reuse, or reclamation. Material is used or reused if it is either

of the following:

(i) Employed as an ingredient in an industrial process to make a product, unless distinct

components of the material are recovered as separate end products, such as when metals

are recovered from metal-containing secondary materials.

(ii) Employed in a particular function or application as an effective substitute for a

commercial product, such as spent pickle liquor used as phosphorus precipitant and

sludge conditioner in wastewater treatment.

(f) "Recyclable material" means hazardous waste that is recycled.

(g) "Re-refining distillation bottoms" means the heavy fraction produced by vacuum

distillation of filtered and dehydrated used oil. The composition of still bottoms varies

with column operation and feedstock.

(h) "Regional administrator" means the regional administrator or his or her designee for

the EPA region in which the facility is located.

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(i) "Regulated unit" means a surface impoundment, waste pile, land treatment unit, or

landfill that received hazardous waste after July 26, 1982.

(j) "Remanufacturing" means processing higher-value secondary material to

manufacture a product that serves a similar functional purpose as the original

commercial-grade material. For the purpose of this definition, a hazardous secondary

material is considered higher-value if it was generated from the use of a commercial-

grade material in a manufacturing process and can be remanufactured into a similar

commercial-grade material.

(k) "Remedial action plan" or "RAP" means a special form of an operating license that a

facility owner or operator may obtain instead of an operating license issued under part 5

of these rules. The RAP shall authorize the treatment, storage, or disposal of hazardous

remediation waste at a remediation waste management site.

(l) "Remediation waste" means all wastes and hazardous wastes, and all media,

including groundwater, surface water, soils, and sediments, and debris, that are managed

for implementing cleanup.

(m) "Remediation waste management site" means a facility where an owner or operator

is or will be treating, storing, or disposing of hazardous remediation wastes.

A

remediation waste management site is not a facility that is subject to corrective action

under R 299.9629, but is subject to the corrective action requirements of part 111 of the

act, MCL 324.11101 to 324.11153, and these rules if the site is located in such a facility.

(n) "Representative sample" means a sample of a universe or whole that can be expected

to exhibit the average properties of the universe or whole.

(o) "Retention time" means the minimum time hazardous waste is subjected

continuously to a required combustion zone temperature in an incinerator.

(p) "Run-off" means any rainwater, leachate, or other liquid that drains over land from

any part of a facility.

(q) "Run-on" means any rainwater, leachate, or other liquid that drains over land onto

any part of a facility.

(r) "Saturated zone" or "zone of saturation" means that part of the earth's crust in which

all voids are filled with water.

(s) "Scrap metal" means bits and pieces of metal parts, such as bars, turnings, rods,

sheets, wire, or metal pieces, that may be combined together with bolts or by soldering,

such as radiators, scrap automobiles, and railroad car boxes, and that, when worn or

superfluous, may be recycled.

(t) "Secondary monitoring parameter" means ions such as calcium, sodium, magnesium,

iron, chloride, sulfate, bicarbonate, and carbonate; waste constituents; reaction products;

or other parameters that provide an indication of the presence of hazardous constituents

in groundwater and which are not subject to the requirements of 40 CFR part 264, subpart

F.

(u) "Severely toxic hazardous waste" means a waste that exhibits the characteristic of

severe toxicity by containing 1 part per million or more of a severely toxic substance

listed in table 202 of these rules.

(v) "Sham recycling" means recycling that is not legitimate recycling as outlined in

R 299.9232. A hazardous secondary material found to be sham recycled is considered

discarded and a waste.

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(w) "Site identification number" means the number that is assigned by the EPA or the

EPA's designee to each generator, transporter, and treatment, storage, or disposal facility.

If a generator, transporter, or treatment, storage, or disposal facility manages wastes that

are hazardous under these rules, but are not hazardous under RCRA, then "site

identification number" means an equivalent number that is assigned by the director.

(x) "Sludge" means any solid, semisolid, or liquid waste generated from a municipal,

commercial, or industrial wastewater treatment plant, water supply treatment plant, or air

pollution control facility, exclusive of the treated effluent from a wastewater treatment

plant.

(y) "Sludge dryer" means any enclosed thermal treatment device that is used to

dehydrate sludge and that has a maximum total thermal input, excluding the heating value

of the sludge itself, of 2,500 BTU per pound of sludge treated on a wet-weight basis.

(z) "Small quantity generator" means a generator who generates the following amounts

in a calendar month:

(i) Greater than 100 kilograms but less than 1,000 kilograms of non-acute hazardous

waste.

(ii) Less than or equal to 1 kilogram of acute hazardous waste.

(iii) Less than or equal to 1 kilogram of severely toxic hazardous waste.

(iv) Less than or equal to 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 hazardous waste or severely toxic hazardous waste.

(aa) "Sole source aquifer" means an aquifer designated pursuant to section 1424(e) of

the federal safe drinking water act, 42 USC 300h-3(e).

(bb) "Solvent-contaminated wipe" means a wipe that, after use or after cleanup of a

spill, meets any of the following criteria:

(i) Contains 1 or more of the F001 through F005 solvents listed in R 299.9220 or the

corresponding P- or U-listed solvents found in R 299.9224, R 299.9225, or R 299.9226.

(ii) Exhibits a hazardous characteristic as defined in R 299.9212 and that characteristic

results from a solvent listed in part 2 of these rules.

(iii) Exhibits only the hazardous characteristic of ignitability as defined in R 299.9212

due to the presence of 1 or more solvents that are not listed in part 2 of these rules.

Solvent-contaminated wipes that contain listed hazardous wastes other than solvents, or

exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other

than solvents, are not eligible for the exclusions in R 299.9204(1)(z) and (2)(q).

(cc) "Sorb" means to adsorb or absorb, or both.

(dd) "Sorbent" means a material that is used to soak up free liquids by either adsorption

or absorption, or both.

(ee) "Speculative accumulation" means accumulation before recycle. A material is not

accumulated speculatively if the person accumulating the material shows that all of the

following requirements are met:

(i) That the material is potentially recyclable and has a feasible means of being recycled.

(ii) That during the calendar year commencing on January 1, the amount of material that

is recycled or transferred to a different site for recycling equals not less than 75% by

weight or volume of the amount of that material accumulated at the beginning of the

period. In calculating the percentage of turnover, the 75% requirement is to be applied to

each material of the same type that is recycled in the same way. Materials accumulating

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in units which would be exempt from regulation under R 299.9204(3)(a) or which are

already defined as wastes shall not be included in making the calculation. Materials are

no longer in this category once they are removed from accumulation for recycling.

(iii) For hazardous secondary materials being to be recycled under R 299.9232,

R 299.9233, or R 299.9234, the material is placed in a storage unit with a label indicating

the first date that the material began to be accumulated. If placing a label on the storage

unit is not practicable, the accumulation period shall be documented through an inventory

log or other appropriate method.

(ff) "Spent material" means any material that has been used and as a result of

contamination can no longer serve the purpose for which it was produced without

processing.

(gg) "Staging pile" means an accumulation of solid, non-flowing remediation waste that

is not a containment building and that is used only during remedial operations for

temporary storage at a facility. Staging piles must be designated by the director under

R 299.9638.

(hh) "State" means any of the following:

(i) The several states.

(ii) The District of Columbia.

(iii) The Commonwealth of Puerto Rico.

(iv) The Virgin Islands.

(v) Guam.

(vi) American Samoa.

(vii) The Commonwealth of the Northern Mariana Islands.

(ii) "Storage" means the holding of hazardous waste for a temporary period at the end of

which the hazardous waste is treated, disposed of, or stored elsewhere.

(jj) "Sump" means any pit or reservoir which satisfies the definition of "tank" in

R 299.9108 and those troughs or trenches connected to it that serve to collect hazardous

waste for transport to hazardous waste storage, treatment, or disposal facilities. When

used in conjunction with the regulation of a landfill, surface impoundment, and waste

pile, a sump means any lined pit or reservoir that serves to collect liquids drained from a

leachate collection and removal system or leak detection system for later removal from

the system.

(kk) "Surface impoundment" or "impoundment" means a treatment, storage, or disposal

facility or part of a treatment, storage, or disposal facility that is a natural topographic

depression, man-made excavation, or diked area formed primarily of earthen materials,

although it may be lined with man-made materials, that is designed to hold an

accumulation of liquid wastes or wastes containing free liquids, and that is not an

injection well. Examples of surface impoundments are holding, storage, settling and

aeration pits, ponds, and lagoons.

(ll) "Surface water" means a body of water whose top surface is exposed to the

atmosphere and includes the Great Lakes, their connecting waters, all inland lakes and

ponds, rivers and streams, impoundments, open drains, and other watercourses, except for

drainage ways and ponds used solely for wastewater conveyance, treatment, or control.

History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2013 AACS;

2017 AACS; 2020 MR 14, Eff. Aug. 3, 2020.

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R 299.9108 Definitions; T.

Rule 108. As used in these rules:

(a) "Tank" means a stationary device that is designed to contain an accumulation of

hazardous waste and that is constructed primarily of nonearthen materials, such as wood,

concrete, steel, or plastic, that provide structural support.

(b) "Tank system" means a hazardous waste storage or treatment tank and its associated

ancillary equipment and containment system.

(c) "TEQ" means toxicity equivalence, the international method of relating the toxicity

of various dioxin/furan congeners to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.

(d) "Thermal treatment" means the treatment of hazardous waste in a device that uses

elevated temperatures as the primary means to change the chemical, physical, or

biological character or composition of the hazardous waste. All of the following are

examples of thermal treatment processes:

(i) Incineration.

(ii) Molten salt.

(iii) Pyrolysis.

(iv) Calcination.

(v) Wet air oxidation.

(vi) Microwave discharge.

(e) "Thermostat" means a temperature control device that contains metallic mercury in

an ampule attached to a bimetal sensing element and includes mercury-containing

ampules that have been removed from the temperature control devices in compliance

with the requirements of 40 CFR 273.13(c)(2) or 273.33(c)(2).

(f) "Title II of the solid waste disposal act" means the sections of Public Law 89-272

specified in the act.

(g) "Totally enclosed treatment facility" means a facility for the treatment of hazardous

waste that is directly connected to an industrial production process and that is constructed

and operated in a manner that prevents the release of any hazardous waste or any

constituent of a hazardous waste into the environment during treatment. An example is a

pipe in which waste acid is neutralized.

(h) "Transfer facility" means any transportation-related facility, including loading docks,

parking areas, storage areas, and other similar areas, where shipments of hazardous waste

or hazardous secondary materials are held during the normal course of transportation.

(i) "Transportation" means the movement of hazardous waste by air, rail, highway, or

water.

(j) "Transport vehicle" means a motor vehicle or railcar that is used for the

transportation of cargo by any mode. Each cargo-carrying body, such as a trailer or

railroad freight car, is a separate transport vehicle.

(k) "Transporter" means a person who is engaged in the off-site transportation of

hazardous waste by air, rail, highway, or water.

(l) "Treatability study" means a study in which a hazardous waste is subjected to a

treatment process to determine any of the following:

(i) Whether the waste is amenable to the treatment process.

(ii) What pretreatment, if any, is required.

(iii) The optimal process conditions needed to achieve the desired treatment.

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(iv) The efficiency of a treatment process for a specific waste or wastes.

(v) The characteristics and volumes of residuals from a particular treatment process.

Also included in this definition for the purposes of the exemptions specified in

R 299.9204(7), (8), and (9) are liner compatibility, corrosion, and other material

compatibility studies and toxicological and health effects studies. A treatability study is

not a means to commercially treat or dispose of hazardous waste.

(m) "Treatment" means any method, technique, or process, including neutralization, that

is designed to change the physical, chemical, or biological character or composition of

any hazardous waste to neutralize the waste, to recover energy or material resources from

the waste, or to render the waste nonhazardous or less hazardous, safer to transport, store,

or dispose of, amenable to recovery or storage, or reduced in volume. Treatment includes

any activity in processing that is designed to change the physical form or chemical

composition of hazardous waste to render it nonhazardous.

(n) "Treatment facility" means a facility or part of a facility at which hazardous waste,

as defined by these rules, is subject to treatment.

(o) "Treatment zone" means a soil area of the unsaturated zone of a land treatment unit

within which hazardous constituents are degraded, transformed, or immobilized.

(p) "Trial burn" means a test that is conducted under the requirements of an operating

license to determine if the design of an incinerator or other thermal treatment device is

satisfactory.

(q) "Trial operation" means an incinerator test that is conducted under the requirements

of an operating license to determine if the operation of the incinerator or other thermal

treatment device is satisfactory.

History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2013 AACS; 2017 AACS;

2020 MR 14, Eff. Aug. 3, 2020.

R 299.9109 Definitions; U to Z.

Rule 109. As used in these rules:

(a) "Underground injection" or "well injection" means the subsurface emplacement of

fluids through a bored, drilled, or driven well or through a dug well where the depth of

the dug well is greater than the largest surface dimension.

(b) "Underground tank" means a device that satisfies the definition of "tank" specified in

R 299.9108 and that has its entire surface area below the surface of, and covered by, the

ground.

(c) "Unexploded ordnance” means military munitions that have been primed, fused,

armed, or otherwise prepared for action, and have been fired, dropped, launched,

projected, or placed in such a manner that constitutes a hazard to operations, installation,

personnel, or material and remain unexploded either by malfunction, design, or any other

cause.

(d) "Unfit for use tank system" means a tank system that has been determined, through

an integrity assessment or other inspection, to be no longer capable of storing or treating

hazardous waste without posing a threat of release of hazardous waste to the

environment.

(e) "United States" means any of the following:

(i) The 50 states.

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(ii) The District of Columbia.

(iii) The Commonwealth of Puerto Rico.

(iv) The United States Virgin Islands.

(v) Guam.

(vi) American Samoa.

(vii) The Commonwealth of the Northern Mariana Islands.

(f) "United States importer" means a person who has lawfully recognized resident status

within the United States and who brings in, or arranges for the entry of, a shipment of

hazardous waste into the United States from a foreign country. A United States importer

may be any of the following persons:

(i) The person who is liable for primary payment of any United States customs duties on

the hazardous waste.

(ii) An agent as defined in R 299.9101.

(iii) The treatment, storage, or disposal facility designated on the manifest.

(iv) The importer of record as designated on the United States customs entry documents.

(v) The transporter who carries the hazardous waste at the point of entry.

(vi) The consignee.

(g) "Universal waste" means any of the hazardous wastes that are identified in

R 299.9228(1) and managed under R 299.9228.

(h) "Universal waste handler" means a generator of universal waste or the owner or

operator of a facility, including all contiguous property, that receives universal waste

from other universal waste handlers, accumulates universal waste, and sends universal

waste to another universal waste handler, a destination facility, or a foreign destination.

The term universal waste handler does not include either of the following:

(i) A person who treats, disposes of, or recycles universal waste, except as provided for

in 40 CFR 273.13(a), (c), or (e) or 273.33(a), (c), or (e).

(ii) A person engaged in the off-site transportation of universal waste by air, rail,

highway, or water, including a universal waste transfer facility.

(i) "Universal waste large quantity handler" means a universal waste handler who

accumulates 5,000 kilograms or more total of universal waste at any time.

(j) "Universal waste small quantity handler" means a universal waste handler who does

not accumulate 5,000 kilograms or more total of universal waste at any time.

(k) "Universal waste transfer facility" means any transportation-related facility,

including loading docks, parking areas, storage areas, and other similar areas, where

shipments of universal waste are held during the normal course of transportation for

10 days or less.

(l) "Universal waste transporter" means a person engaged in the off-site transportation

of universal waste by air, rail, highway, or water.

(m) "Unplanned episodic event" means an episodic event that the generator did not plan

or reasonably did not expect to occur, including production process upsets, product

recalls, accidental spills, or "acts of nature," such as a tornado, hurricane, or flood.

(n) "Unsaturated zone" or "zone of aeration" means the zone between the land surface

and the water table.

(o) "Uppermost aquifer" means the geologic formation nearest the natural ground

surface that is an aquifer and includes lower aquifers that are hydraulically interconnected

with the aquifer within the facility's property boundary.

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(p) "USC" means the United States Code.

(q) "USGS" means the United States Geological Survey.

(r) "USPS" means the United States Postal Service.

(s) "Used oil" means any oil which has been refined from crude oil, or any synthetic oil,

which has been used and which as a result of the use, is contaminated by physical or

chemical impurities.

(t) "Used oil aboveground tank" means a tank that is used to store or process used oil

and that is not an underground storage tank as defined in 40 CFR 280.12.

(u) "Used oil aggregation point" means any site or facility that accepts, aggregates, or

stores used oil that is collected only from other used oil generation sites owned or

operated by the same owner or operator of the aggregation point, from which used oil is

transported to the aggregation point in shipments of not more than 55 gallons. Used oil

aggregation points may also accept used oil from household do-it-yourselfers.

(v) "Used oil burner" means a facility where off-specification used oil, as defined in

R 299.9809(1)(f), is burned for energy recovery in the devices identified in R 299.9814.

(w) "Used oil collection center" means any site or facility that has provided written

notification of used oil management activities to the department and that accepts or

aggregates and stores used oil collected from either of the following:

(i) Used oil generators regulated under R 299.9810 who transport used oil to the

collection center in shipments of not more than 55 gallons under 40 CFR 279.24.

(ii) Household do-it-yourselfers.

(x) "Used oil existing tank" means a tank that is used for the storage or processing of

used oil and that is in operation, or for which installation has commenced, on or before

October 15, 1996, the effective date of the amendments to these rules that establish the

state's used oil program under RCRA. Installation commenced if the owner or operator

has obtained all federal, state, and local approvals or permits necessary to begin physical

construction of the tank and if either of the following provisions applies:

(i) A continuous on-site physical installation program has begun.

(ii) The owner or operator has entered into contractual obligations, that cannot be

cancelled or modified without substantial loss, for installation of the tank system to be

completed within a reasonable time.

(y) "Used oil fuel" means any fuel that is produced from used oil through processing,

blending, or other treatment.

(z) "Used oil fuel marketer" means any person who conducts either of the following

activities:

(i) Directs a shipment of off-specification used oil from his or her facility to a used oil

burner.

(ii) First claims that the used oil that is to be burned for energy recovery meets the used

oil specifications set forth in R 299.9809(1)(f).

(aa) "Used oil generator" means any person, by site, whose act or process produces used

oil or whose act first causes the used oil to become subject to regulation.

(bb) "Used oil new tank" means a tank that is used for the storage or processing of used

oil and for which installation has commenced after, October 15, 1996, the effective date

of amendments to these rules that establish the state's used oil program under RCRA.

(cc) "Used oil processor/re-refiner" means a facility that processes used oil.

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(dd) "Used oil tank" means a stationary device that is designed to contain an

accumulation of used oil and that is constructed primarily of nonearthen materials, such

as wood, concrete, steel, or plastic, that provide structural support.

(ee) "Used oil transfer facility" means any transportation-related facility, including

loading docks, parking areas, storage areas, and other areas, where shipments of used oil

are held for more than 24 hours and not more than 35 days during the normal course of

transportation or before an activity performed under R 299.9813(1) or (2). Transfer

facilities that store used oil for more than 35 days are subject to regulation under

R 299.9813.

(ff) "Used oil transporter" means any person who transports used oil, any person who

collects used oil from more than 1 generator and transports the collected oil, and owners

and operators of used oil transfer facilities. Used oil transporters may consolidate or

aggregate loads of used oil for purposes of transportation, but with the following

exception, may not process used oil. Transporters may conduct incidental processing

operations that occur in the normal course of used oil transportation but that are not

designed to produce, or make more amenable for the production of, used oil derived

products or used oil fuel.

(gg) "User of the electronic manifest system" means a generator, a transporter, an owner

or operator of a hazardous waste or recycling facility, or any other person that is required

to use a manifest to comply with any federal or state requirement to track the shipment,

transportation, and receipt of either hazardous waste or other waste material that is

shipped from the site of generation to an off-site designated facility for treatment,

storage, recycling, or disposal, or rejected hazardous wastes or regulated container

residues that are shipped from a designated facility to an alternative facility or returned to

the generator and satisfies 1 or both of the following requirements:

(i) Elects to use the electronic manifest system to obtain, complete, and transmit an

electronic manifest format supplied by the system.

(ii) Elects to use the paper manifest form and submits to the electronic manifest system

for data processing purposes a paper copy of the manifest, or the data from the paper

copy, in accordance with 40 CFR 264.71(a)(2)(v) or 265.71(a)(2)(v). These paper copies

are submitted for data exchange purposes only and are not the official copies of record

for legal purposes.

(hh) "Vehicle" means each separate conveyance used in the transportation of hazardous

waste that is 1 of the following:

(i) A railcar as defined in 49 CFR 171.8.

(ii) A semitrailer, truck, or trailer as defined in act 300.

(iii) A truck tractor as defined in act 300, only if the hazardous waste is actually

transported in the cab of the vehicle.

(ii) "Very small quantity generator" means a generator who generates less than or equal

to the following amounts in a calendar month:

(i) 100 kilograms of non-acute hazardous waste.

(ii) 1 kilogram of acute hazardous waste.

(iii) 1 kilogram of severely toxic hazardous waste.

(iv) 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 hazardous waste or

severely toxic hazardous waste.

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(jj) "Vessel" means a watercraft that is used or is capable of being used as a means of

transportation on the water.

(kk) "Washout" means the movement of hazardous waste from the active portion of the

facility as a result of flooding.

(ll) "Waste" means material that is defined as waste in R 299.9202.

(mm) "WIETS" means the EPA’s Waste Import Export Tracking System.

(nn) "Waste management area" means the limit projected in the horizontal plane of the

area on which waste will be placed during the active life of a regulated unit and includes

horizontal space taken up by any liner, dike, or other barrier that is designed to contain

waste in a regulated unit. If the facility contains more than 1 regulated unit, then the

waste management area is described by an imaginary line circumscribing the several

regulated units.

(oo) "Wastewater treatment unit" means a device that satisfies all of the following

requirements:

(i) Is part of a wastewater treatment facility that is subject to regulation under either

section 402 or 307(b) of the federal clean water act, 33 USC 1342 or 1317(b).

(ii) Receives and treats or stores an influent wastewater that is a hazardous waste as

defined in R 299.9203, generates and accumulates a wastewater treatment sludge that is a

hazardous waste as defined in R 299.9203, or treats or stores a wastewater treatment

sludge that is a hazardous waste as defined in R 299.9203.

(iii) Meets the definition of "tank" or "tank system" specified in R 299.9108.

(pp) "Water (bulk shipment)" means the bulk transportation of hazardous waste that is

loaded or carried on board a vessel without containers or labels.

(qq) "Well" means any shaft or pit that is dug or bored into the earth, that is generally of

a cylindrical form, and that is often walled with bricks or tubing to prevent the earth from

caving in.

(rr) "Wetland" means the areas defined as wetlands in part 303 of the act, MCL

324.30301 to 324.30328.

(ss) "Wipe" means a woven or non-woven shop towel, rag, pad, or swab made of wood

pulp, fabric, cotton, polyester blends, or other material.

(tt) "Zone of engineering control" means an area that is under the control of the owner

or operator and that, upon detection of a hazardous waste release, can be readily cleaned

up before the release of hazardous waste or hazardous constituents to groundwater or

surface water.

History: 1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2017 AACS;

2020 MR 14, Eff. Aug. 3, 2020.

R 299.9199 Rescission.

Rule 199. R 299.6101 to R 299.7305 of the Michigan Administrative Code, appearing

on pages 194 to 261 of the 1981 Annual Supplement to the 1979 Michigan

Administrative Code, are rescinded.

History: 1985 AACS.

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PART 2. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

R 299.9201 Purpose and scope.

Rule 201. (1) This part identifies only some of the materials which are hazardous

wastes under sections 46 and 48 of part 111 of the act. A material which is not a

hazardous waste identified in this part is still a hazardous waste for purposes of those

sections if, in the case of section 46 of part 111 of the act, the director has reason to

believe that the material may be a hazardous waste within the meaning of section 3 of

part 111 of the act, and, in the case of section 48 of part 111 of the act, the statutory

elements are established.

(2) The explanation of waste contained in this part applies only to wastes that also are

hazardous for purposes of the rules implementing part 111 of the act. For example, it

does not apply to materials such as nonhazardous scrap, paper, textiles, and rubbers that

are not otherwise hazardous wastes and are recycled.

History: 1985 AACS; 1998 AACS.

R 299.9202 "Waste" explained.

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:

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(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.

(2) Any of the following materials may be wastes under subrule (1) of this rule:

(a) Spent materials.

(b) Sludges and by-products listed in R 299.9220 to R 299.9222.

(c) Scrap metal that is not excluded under R 299.9204.

(d) Sludges and by-products that exhibit a characteristic of hazardous waste.

(e) Commercial chemical products listed in R 299.9214.

(3) Except as provided in subrule (4) of this rule, materials are not wastes if they can be

shown to be recycled by any of the following means:

(a) By being used or reused as ingredients in an industrial process to make a product if

the materials are not being reclaimed.

(b) By being used or reused as effective substitutes for commercial products.

(c) By being returned to the original process from which they are generated without first

being reclaimed or placed on the land. The material must be returned as a substitute for

feedstock materials. If the original process to which the material is returned is a

secondary process, then the materials must be managed so that they are not placed on the

land.

If the materials are generated and reclaimed within the primary mineral processing

industry, the conditions of the exclusion under R 299.9204(1)(v) apply rather than this

subrule.

(4) All of the following materials are wastes, even if the recycling involves use, reuse,

or return to the original process described in subrule (3) of this rule:

(a) Materials used in a manner constituting disposal or used to produce products that are

applied to the land.

(b) Materials burned for energy recovery, used to produce a fuel, or contained in fuels.

(c) Materials accumulated speculatively.

(d) Inherently waste-like materials listed in subrule (1)(b)(v) and (vi) of this rule.

(5) Respondents in actions to enforce regulations implementing part 111 of the act,

MCL 324.11101 to 324.11153, who raise a claim that a certain material is not waste or is

conditionally exempt from regulation shall demonstrate that there is a known market or

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disposition for the material and that the respondent meets the terms of exclusion or

exemption. In doing so, the respondent shall provide appropriate documentation, such as

contracts showing that a second person uses the material as an ingredient in a production

process, to demonstrate that the material is not a waste or is exempt from regulation. In

addition, owners or operators of facilities claiming that they actually are recycling

materials shall show that they have the necessary equipment for recycling the materials.

(6) The director may determine, on a case-by-case basis, that the following recycled

materials are not wastes:

(a) Materials that are accumulated speculatively without sufficient amounts being

recycled, as defined in R 299.9107.

(b) Materials that are reclaimed and then reused within the original production process

in which they were generated.

(c) Materials that have been reclaimed but must be reclaimed further before the

materials are completely recovered.

(d) Hazardous secondary materials that are reclaimed in a continuous industrial process.

(e) Hazardous secondary materials that are indistinguishable in all relevant aspects from

a product or intermediate.

(7) The director shall use the standards, criteria, and procedures outlined in

40 CFR 260.31, 260.33, and 260.34 for making determinations under subrule (6) of this

rule.

(8) Persons receiving a variance or determination under subrule (6) of this rule shall

comply with the notification requirements of 40 CFR 260.42.

(9) 40 CFR 260.31, 260.33, 260.34, 260.42, 261.31, 261.32, and 261.33 are adopted by

reference in R 299.11003, with the exception that "director" replaces "regional

administrator" and "administrator," "waste" replaces "solid waste," "R 299.9202" replaces

references to "261.2," "R 299.9204" replaces references to "264.4," "R 299.9204(1)(aa)"

replaces references to "261.4(a)(24)," and "Michigan site identification form, form

EQP5150" replaces references to "EPA Form 8700-12."

History: 1985 AACS; 1988 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2013 AACS; 2017 AACS;

2020 MR 14, Eff. Aug. 3, 2020.

R 299.9203 "Hazardous waste" explained.

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

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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 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 25 parts per million on an average weekly basis:

(A) Methylene chloride.

(B) 1,1,1-Trichloroethane.

(C) Chlorobenzene.

(D) o-dichlorobenzene.

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(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.

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(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.

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(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