DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY  
MATERIALS MANAGEMENT DIVISION  
HAZARDOUS WASTE MANAGEMENT  
Filed with the secretary of state on April 28, 2025  
These rules become effective 7 days after filing with the secretary of state.  
(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)  
R 299.9101, R 299.9102, R 299.9103, R 299.9104, R 299.9105, R 299.9106, R 299.9107,  
R 299.9108, R 299.9109, R 299.9201, R 299.9202, R 299.9203, R 299.9204, R 299.9206,  
R 299.9207, R 299.9208, R 299.9209, R 299.9210, R 299.9211, R 299.9212, R 299.9213,  
R 299.9214, R 299.9215, R 299.9216, R 299.9217, R 299.9219, R 299.9220, R 299.9222,  
R 299.9224, R 299.9225, R 299.9226, R 299.9227, R 299.9228, R 299.9229, R 299.9231,  
R 299.9232, R 299.9233, R 299.9234, R 299.9301, R 299.9302, R 299.9303, R 299.9304,  
R 299.9305, R 299.9306, R 299.9307, R 299.9308, R 299.9309, R 299.9310, R 299.9311,  
R 299.9312, R 299.9314, R 299.9315, R 299.9316, R 299.9401, R 299.9404, R 299.9405,  
R 299.9406, R 299.9407, R 299.9408, R 299.9409, R 299.9410, R 299.9501, R 299.9502,  
R 299.9503, R 299.9504, R 299.9505, R 299.9506, R 299.9507, R 299.9508, R 299.9509,  
R 299.9510, R 299.9511, R 299.9512, R 299.9513, R 299.9514, R 299.9515, R 299.9516,  
R 299.9518, R 299.9519, R 299.9520, R 299.9521, R 299.9522, R 299.9523, R 299.9524,  
R 299.9525, R 299.9601, R 299.9602, R 299.9603, R 299.9604, R 299.9605, R 299.9606,  
R 299.9607, R 299.9608, R 299.9609, R 299.9610, R 299.9611, R 299.9612, R 299.9613,  
R 299.9614, R 299.9615, R 299.9616, R 299.9617, R 299.9618, R 299.9619, R 299.9620,  
R 299.9621, R 299.9622, R 299.9623, R 299.9628, R 299.9629, R 299.9630, R 299.9631,  
R 299.9632, R 299.9633, R 299.9634, R 299.9635, R 299.9636, R 299.9637, R 299.9638,  
R 299.9639, R 299.9640, R 299.9701, R 299.9702, R 299.9703, R 299.9704, R 299.9705,  
R 299.9706, R 299.9707, R 299.9708, R 299.9709, R 299.9710, R 299.9711, R 299.9712,  
R 299.9713, R 299.9801, R 299.9803, R 299.9804, R 299.9808, R 299.9809, R 299.9810,  
R 299.9812, R 299.9813, R 299.9814, R 299.9815, R 299.9816, R 299.9817, R 299.9818,  
R 299.9819, R 299.9820, R 299.9821, R 299.9822, R 299.9823, R 299.11001, R 299.11002,  
R 299.11003, R 299.11004, R 299.11005, R 299.11006, R 299.11007, R 299.11008, and  
R 299.11009 of the Michigan Administrative Code are amended, and R 299.9824, R 299.9825,  
R 299.9826, R 299.9827, R 299.9828, R 299.9829, R 299.9830, R 299.9831, R 299.9832, and  
R 299.9833 are added, as follows:  
PART 1. GENERAL PROVISIONS  
R 299.9101 Definitions; A to 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.  
November 20, 2024  
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(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 207" means the fire prevention code, 1941 PA 207, MCL 29.1 to 29.33.  
(e) "Act 218" means sections 3101 and 3102 of the insurance code of 1956,  
1956 PA 218, MCL 500.3101 and 500.3102.  
(f) "Act 236" means the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to  
600.9947.  
(g) "Act 300" means the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.  
(h) "Act 306" means the administrative procedures act of 1969, 1969 PA 306,  
MCL 24.201 to 24.328.  
(i) "Act 399" means the safe drinking water act, 1976 PA 399, MCL 325.1001 to  
325.1023.  
(j) "Active life" means the period from the initial receipt of hazardous waste at a facility  
until the director receives certification of final closure.  
(k) "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.  
(l) "Active range" means a military range that is currently in service and being regularly  
used for range activities.  
(m) "Acute hazardous waste" means hazardous waste that meets the listing criteria in  
R 299.9209(1) and is either listed in table 203a of part 2 of the rules with the assigned  
hazard code of (H) or is listed in table 205a of part 2 of the rules.  
(n) "Administrator" means the administrator of the EPA or the administrator's designee.  
(o) "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.  
(p) "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.  
(q) "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.  
(r) "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, to assume  
responsibility for regulating within its borders byproduct, source, or special nuclear  
material in quantities not sufficient to form a critical mass.  
(s) "Airbag waste" means any hazardous waste airbag modules or hazardous waste air  
bag inflators.  
(t) "Airbag waste collection facility" means any facility that receives airbag waste from  
airbag handlers subject to regulation under R 299.9204(13) to (15) and accumulates the  
waste for more than 10 days.  
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(u) "Airbag waste handler" means any person, by site, that generates airbag waste that is  
subject to regulation under these rules.  
(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 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  
capable of yielding a significant amount of groundwater to wells or springs.  
(z) "Associated organic chemical manufacturing facility" means a facility that meets all  
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 that is responsible for the overall  
operation of a facility or an operational unit, such as the plant manager, superintendent,  
or person that has equivalent responsibilities.  
(cc) "Battery" means a device that consists of 1 or more electrically connected  
electrochemical cells and 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.  
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 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  
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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 is not solely or separately produced by the production process. By-product  
includes process residues such as slags or distillation column bottoms. By-product does  
not include a coproduct that is produced for the general public's use and is ordinarily used  
in the form in which it is produced by the process.  
R 299.9102 Definitions; C to D.  
Rule 102. As used in these rules:  
(a) "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.  
(b) "Carbon regeneration unit" means an enclosed thermal treatment device used to  
regenerate spent activated carbon.  
(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 on-site 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 includes an on-site 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 on 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) "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.  
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(j) "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.  
(k) "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.  
(l) "Component" means either the tank or the ancillary equipment of a tank system.  
(m) "Consignee" means the ultimate treatment, storage, or disposal facility in a  
receiving country to which the hazardous waste will be sent.  
(n) "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.  
(o) "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  
part 2 of these rules.  
(p) "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.  
(q) "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 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.  
(r) "Container" means any portable device in which a material is stored, transported,  
treated, disposed of, or otherwise handled.  
(s) "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.  
(t) "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  
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facility.  
(u) "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  
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.  
(v) "Corrosion expert" means a person who, by reason of the person’s 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.  
(w) "CRT collector" means a person that receives used, intact CRTs for recycling,  
repair, resale, or donation.  
(x) "CRT exporter" means any person in the United States that 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.  
(y) "CRT glass manufacturer" means an operation or part of an operation that uses a  
furnace to manufacture CRT glass.  
(z) "CRT processing" means conducting all 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.  
(aa) "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, 42 USC 6926, which, if located in this state, has an  
operating license that is issued under part 111 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, the designated  
facility shall be a facility that is allowed by the receiving state to accept the waste. A  
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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.  
(bb) "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.  
(cc) "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.  
(dd) "Department” means the department of environment, Great Lakes, and energy.  
(ee) "Dioxins and furans (D/F)" means tetra-, penta-, hexa-, hepta-, and octa--  
chlorinated dibenzo dioxins and furans.  
(ff) "Director" means the director of the department.  
(gg) "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.  
(hh) "Displacement" means the relative movement of any two sides of a fault measured  
in any direction.  
(ii) "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.  
(jj) "Disposal facility" means a facility or a part of a facility at which hazardous waste,  
as that term is defined by these rules, is intentionally placed into or on any land or water  
and at which hazardous waste remains after closure. Disposal facility does not include a  
corrective action management unit into which remediation wastes are placed.  
(kk) "DOD" means the United States Department of Defense.  
(ll) "DOE" means the United States Department of Energy.  
(mm) "DOT" means the United States Department of Transportation.  
(nn) "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.  
(oo) "Drip pad" means an engineered structure that consists of a curbed, freedraining  
base, constructed of nonearthen materials, and is designed to convey preservative  
kickback or drippage from treated wood, precipitation, and surface water run-on to an  
associated collection system at wood preserving plants.  
R 299.9103 Definitions; E to 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  
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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,  
completed, transmitted, and distributed to users of the electronic manifest and to  
regulatory agencies.  
(d) "Electronic nicotine delivery system" or "ENDS" means any electronic device that  
can be used to aerosolize and deliver nicotine to the person inhaling from the device and  
any liquid nicotine, often referred to as "e-liquid", packaged for retail sale for use in an  
ENDS.  
(e) "Electronic nicotine delivery system retailer" or "ENDS retailer" means any person  
that distributes or sells electronic nicotine delivery systems. ENDS retailer includes  
retailers that sell products directly to consumers, wholesale distributors, and third-party  
logistics providers that serve as forward distributors. ENDS retailer does not include  
manufacturers or reverse logistics centers.  
(f) "Element" means any part 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.  
(g) "Elementary neutralization unit" means a device that meets 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) Complies with the definition of "tank," "tank system," "container," "transport  
vehicle," or "vessel" as specified in this part.  
(h) "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.  
(i) "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, a CERCLA remedy, or a closure or postclosure  
plan. An enforceable document must be issued under an authority that has available all  
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 determined 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.  
(j) "EPA" means the United States Environmental Protection Agency.  
(k) "EPA acknowledgment of consent" means the letter EPA sends to the exporter  
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documenting the specific terms of the country of import’s consent and the country or  
countries of transit’s consent. The EPA acknowledgment of consent meets the definition  
of an export license in the United States Census of Bureau regulations in 15 CFR 30.1.  
(l) "EPA region" means the states and territories found in any of the 10 EPA regions  
identified in 40 CFR 260.10.  
(m) "Episodic event" means an activity or activities, either planned or unplanned, that  
does not normally occur during generator operations and results in an increase in the  
generation of hazardous wastes that exceeds the calendar month quantity limits for the  
generator’s usual category.  
(n) "Equivalent method" means any testing or analytical method that is approved by the  
director under R 299.9215.  
(o) "Evaluated hazardous waste pharmaceutical" means a prescription hazardous waste  
pharmaceutical that has been evaluated by a reverse distributor in accordance with  
R 299.9833(2) and will not be sent to another reverse distributor for further evaluation or  
verification of manufacture credit.  
(p) "Excluded scrap metal" means processed scrap metal, unprocessed home scrap  
metal, and unprocessed prompt scrap metal.  
(q) "Exempted radioactive waste" means a waste that meets the eligibility criteria and all  
the conditions in R 299.9822 or meets the eligibility criteria and complies with all the  
conditions in R 299.9823. The waste is conditionally exempted from the regulatory  
definition of hazardous waste in R 299.9203.  
(r) "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  
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.  
(s) "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.  
(t) "Existing tank system" 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.  
(u) "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,  
10  
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.  
(v) "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.  
(w) "Explosives or munitions emergency response specialist" means a person trained in  
chemical or conventional munitions or explosives handling, transportation, render-safe  
procedures, or destruction techniques. Explosives or munitions emergency response  
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.  
(x) "Exporter", also known as "primary exporter" on the manifest, means any person  
domiciled in the United States that 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 that proposes export of the hazardous waste for recovery or disposal  
operations in the country of import.  
(y) "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, a facility includes all contiguous property  
under the control of the owner or operator. Notwithstanding the definition of the term 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 and these rules if the site is located within such a facility.  
(z) "Facility mailing list" means the mailing list for a facility that is maintained by the  
department under 40 CFR 124.10(c)(1)(ix).  
(aa) "Fault" means a fracture along which rocks on 1 side have been displaced with  
respect to rocks on the other side.  
(bb) "FDA" means the United States Food and Drug Administration.  
(cc) "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.  
11  
(dd) "Federal clean air act" means the clean air act, 42 USC 7401 to 7671q.  
(ee) "Federal clean water act" means the federal water pollution control act,  
33 USC 1251 to 1389.  
(ff) "Federal hazardous materials transportation act" means the hazardous materials  
transportation authorization act of 1994, Public Law 103-113.  
(gg) "Federal safe drinking water act" means the safe drinking water act, 42 USC 201 to  
300mm-62.  
(hh) "FIFRA" means the federal insecticide, fungicide, and rodenticide act,  
7 USC 136 to 136y.  
(ii) "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.  
(jj) "Flood" means a flood that has a 1% chance of being equaled or exceeded in any  
given year.  
(kk) "Floodplain" means any land area that is subject to a 1% or greater chance of  
flooding in any given year from any source.  
(ll) "Food chain crops" means tobacco, crops grown for human consumption, and crops  
grown for feed for animals whose products are consumed by humans.  
(mm) "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.  
(nn) "Free liquids" means liquids that readily separate from the solid portion of a waste  
at ambient temperature and pressure. Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, & salts  
(this listing does not include patches, gums and lozenges that are FDA-approved  
over-the-counter nicotine replacement therapies).  
(oo) "Fugitive emissions" means air contaminant emissions that emanate from non-point  
emission sources or sources other than stacks, ducts, or vents.  
(pp) "Functionally equivalent element" means an element that performs the same  
function or measurement and that meets or exceeds the performance specifications of  
another element.  
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 the person’s 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, byproduct, or sludge that, when discarded, is 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  
12  
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 that term is defined in R 299.9203.  
(g) "Hazardous waste electronic nicotine delivery system" or "hazardous waste ENDS" means  
an electronic nicotine delivery system that is a waste and exhibits 1 or more characteristics  
identified in R 299.9212 or is listed in R 299.9213 or R 299.9214.  
(h) "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.  
(i) "Hazardous waste management unit" means a contiguous area of land on or in which  
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 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 on which they are placed.  
(viii) A miscellaneous unit.  
(j) "Hazardous waste number" means the code number that is used to identify a  
particular type of hazardous waste.  
(k) "Hazardous waste pharmaceutical" means a pharmaceutical that is a waste and exhibits 1 or  
more characteristics identified in R 299.9212 or is listed in R 299.9213 or R 299.9214. A  
pharmaceutical is not a waste and therefore not a hazardous waste pharmaceutical if it is  
legitimately used or reused or reclaimed. An over-the-counter pharmaceutical, dietary  
supplement, or homeopathic drug is not a waste and therefore not a hazardous waste  
pharmaceutical if it has a reasonable expectation of being legitimately used or reused or  
reclaimed.  
(l) "Healthcare facility" means any person that is lawfully authorized to do either of the  
following:  
(i) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care,  
and counseling, service, assessment, or procedure with respect to the physical or mental condition,  
or functional status, of a human or animal or that affects the structure or function of the human or  
animal body.  
(ii) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals,  
dietary supplements, homeopathic drugs, or prescription pharmaceuticals, including, but not  
limited to, wholesale distributors, third-party logistics providers that serve as forward distributors,  
military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers,  
health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care  
facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies,  
retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. Healthcare facility does  
not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.  
(m) "Holocene" means the most recent epoch of the quaternary period extending from  
the end of the Pleistocene to the present.  
(n) "Home scrap metal" means scrap metal as generated by steel mills, foundries, and  
13  
refineries such as turnings, cuttings, punchings, and borings.  
(o) "Household do-it-yourselfer used oil" means oil that is derived from households,  
such as used oil generated by individuals through the maintenance of personal vehicles.  
(p) "Household do-it-yourselfer used oil generator" means an individual who generates  
household do-it-yourselfer used oil.  
(q) "Household waste electronic nicotine delivery system" or "Household waste ENDS" means  
an electronic nicotine delivery system that is a waste but is excluded from being a hazardous  
waste under R 299.9204(2)(a).  
(r) "Household waste pharmaceutical" means a pharmaceutical that is a waste but is excluded  
from being a hazardous waste under R 299.9204(2)(a).  
(s) "Import" means the act of bringing hazardous waste into the United States from a  
foreign country.  
(t) "Inactive portion" means that portion of a facility that is not operated after  
November 19, 1980.  
(u) "Inactive range” means a military range that is not currently being used, but 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.  
(v) "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.  
(w) "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.  
(x) "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  
license, interim status, and operating standards under R 299.9304 to R 299.9307,  
R 299.9315, or R 299.9316.  
(y) "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.  
(z) "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.  
14  
(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 not less  
than 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 based on 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.  
(aa) "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.  
(bb) "Inground 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,  
that prevents visual inspection of the external surface area of the device that is in the  
ground.  
(cc) "Injection well" means a well into which fluids are injected.  
(dd) "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.  
(ee) "In operation" means a facility is treating, storing, or disposing of hazardous waste.  
(ff) "Installation inspector" means a person, by reason of the person’s 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.  
(gg) "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.  
(hh) "International shipment" means the transportation of hazardous waste into or out of  
the jurisdiction of the United States.  
15  
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. Land-based unit 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.  
(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 remains after closure.  
(h) "Large quantity generator" means a generator that 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.  
16  
(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) "Long-term care facility" means a licensed entity that aids with activities of daily  
living, including managing and administering pharmaceuticals to 1 or more individuals at  
the facility. Long-term care facility includes, but is not limited to, hospice facilities,  
nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care  
portions of continuing care retirement communities. Long-term care facility does not  
include group homes, independent living communities, assisted living facilities, and the  
independent and assisted living portions of continuing care retirement communities.  
(n) "Low-level mixed waste" or "LLMW" means a waste that contains both LLRW and  
hazardous waste.  
(o) "Low-level radioactive waste" or "LLRW" means a radioactive waste that contains  
source, special nuclear, or byproduct materials, and that is not classified highlevel  
radioactive waste, transuranic waste, spent nuclear fuel, or byproduct materials as those  
terms are defined in section 11 of the atomic energy act of 1954, 42 USC 2014.  
(p) "Management" or "hazardous waste management" means the systematic control of  
the collection, source separation, storage, transportation, processing, treatment, recovery,  
and disposal of hazardous waste.  
(q) "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.  
(r) "Manifest tracking number" means the alphanumeric identification number which is  
reprinted in item 4 of the manifest by a registered source.  
(s) "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.  
17  
(v) Physical treatment.  
(vi) Biological treatment.  
(t) "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, that  
handle military munitions.  
(u) "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. 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, military munitions 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 2297g-4, have been  
compiled.  
(v) "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.  
(w) "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 used for  
reclamation of a surface mine.  
(x) "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.  
18  
(xii) A corrective action management unit.  
(xiii) A staging pile.  
(y) "Movement" means that hazardous waste transported to a facility in an individual  
vehicle.  
(z) "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  
2297g-4.  
(aa) "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 2296g-4, 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 those terms are defined by the atomic energy act of 1954,  
42 USC 2011 to 2297g-4.  
(ii) Is radioactive material that is produced by an accelerator.  
(bb) "New tank system" means a tank system or component that is used for the storage  
or treatment of hazardous waste and for which installation has commenced after July 14,  
1986. As used in 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.  
(cc) "NFPA" means the National Fire Protection Association.  
(dd) "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 SW846, or by another standard or test method approved by the director,  
and that there is no free liquid in the container holding the wipes.  
(ee) "Non-acute hazardous waste" means all hazardous waste that are not acute  
hazardous waste or severely toxic hazardous waste.  
(ff) "Non-creditable hazardous waste" means a non-creditable hazardous waste  
pharmaceutical or a hazardous waste electronic nicotine delivery system.  
(gg) "Non-creditable hazardous waste pharmaceutical" means a prescription hazardous  
waste pharmaceutical that does not have a reasonable expectation to be eligible for  
manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not  
have a reasonable expectation to be legitimately used or reused or reclaimed.  
Non-creditable hazardous waste pharmaceutical includes, but is not limited to,  
investigational drugs, free samples of pharmaceuticals received by healthcare facilities,  
residues of pharmaceuticals remaining in empty containers, contaminated personal  
protective equipment, floor sweepings, and clean-up material from the spills of  
pharmaceuticals.  
(hh) "Non-hazardous waste pharmaceutical" means a pharmaceutical that is a waste and  
is not listed in R 299.9213 or R 299.9214 and does not exhibit a characteristic identified  
in R 299.9212.  
(ii) "Non-pharmaceutical hazardous waste" means a waste that is listed in R 299.9213 or  
R 299.9214 or exhibits 1 or more characteristics identified in R 299.9212 but is not a  
pharmaceutical or an electronic nicotine delivery system.  
(jj) "NRC" means the United States Nuclear Regulatory Commission.  
(kk) "NRC license" or "NRC agreement state license" means a license issued by the  
19  
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 2297g-4.  
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 so 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. On-site includes 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.  
(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.  
(f) "Operator" means the person responsible for the overall operation of a facility.  
(g) "Owner" means the person that 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) "Part 31" means part 31 of the act, MCL 324.3101 to 324.3134.  
(i) "Part 55" means part 55 of the act, MCL 324.5501 to 324.5542.  
(j) "Part 111" means part 111 of the act, MCL 324.11101 to 324.11153.  
(k) "Part 115" means part 115 of the act, MCL 324.11501 to 324.11587.  
(l) "Part 201" means part 201 of the act, MCL 324.20101 to 324.20142.  
(m) "Part 213" means part 213 of the act, MCL 324.21301a to 324.21334.  
(n) "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  
20  
to operate.  
(o) "Person" means any of the following entities:  
(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) Another public body created by or under state law.  
(p) "Personnel" or "facility personnel" means all persons that 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 or these rules.  
(q) "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.  
(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, that bears or contains any substances identified in paragraph (i) or (ii) of  
this subdivision.  
(r) "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.  
(s) "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.  
(t) "Pharmaceutical" means any drug or dietary supplement for use by humans or other  
animals. Pharmaceutical includes, but not limited to, the following:  
(i) Dietary supplements, as that term is defined by section 201 the federal food, drug and  
cosmetic act, 21 USC 321.  
(ii) Prescription drugs, as that term is defined by 21 CFR 203.3(y).  
(iii) Over-the-counter drugs.  
(iv) Homeopathic drugs.  
(v) Compounded drugs.  
(vi) Investigational new drugs.  
(vii) Pharmaceuticals remaining in non-empty containers.  
21  
(viii) Personal protective equipment contaminated with pharmaceuticals.  
(ix) Clean-up material from spills of pharmaceuticals.  
(u) Electronic nicotine delivery systems that are subject to regulation as a drug, device,  
or combination product by the FDA.  
Pharmaceutical does not include dental amalgam or sharps.  
(v) "Pile" means any noncontainerized accumulation of solid, nonflowing hazardous  
waste that is used for treatment or storage.  
(w) "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.  
(x) "Plasma arc incinerator" means any enclosed device that uses a high intensity  
electrical discharge or arc as a source of heat followed by an afterburner using controlled  
flame combustion and is not listed as an industrial furnace.  
(y) "Point source" means any discernible, confined, and discrete conveyance, including  
any of the following from which pollutants are or might be discharged:  
(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.  
(z) "Potentially creditable hazardous waste pharmaceutical" means a prescription  
hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer  
credit and meets all the following requirements:  
(i) Is in the original manufacturer packaging, except pharmaceuticals that were subject to  
a recall.  
(ii) Is undispensed.  
(iii) Is unexpired or less than 1 year past expiration date.  
Potentially creditable hazardous waste pharmaceutical does not include evaluated  
hazardous waste pharmaceuticals or nonprescription pharmaceuticals, such as over-the-  
counter drugs, homeopathic drugs, and dietary supplements.  
(aa) "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 the requirements of 40 CFR part 264, subpart F.  
(bb) "Processed scrap metal" means scrap metal that 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,  
22  
melted, or separated by metal type and fines, drosses, and related materials that 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.  
(cc) "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 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.  
(dd) "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 the following:  
(i) Turnings.  
(ii) Cuttings.  
(iii) Punching.  
(iv) Borings.  
(ee) "Publicly owned treatment works" or "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 state or municipality, as those  
terms are defined by section 502(4) of the federal clean water act, 33 USC 1362.  
Publicly owned treatment works includes sewers, pipes, or other conveyances only if they  
convey wastewater to a POTW providing treatment.  
R 299.9107 Definitions; R to 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, 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 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) to (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, that 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.  
23  
(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 the regional  
administrator’s designee for the EPA region in which the facility is located.  
(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 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 must 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 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) "Reverse distributor" means any person that receives and accumulates prescription  
pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals  
facilitating or verifying manufacturer credit. Any person, including forward distributors,  
third-party logistics providers, and pharmaceutical manufacturers, that processes  
prescription pharmaceuticals for the facilitation or verification of manufacturer credit is  
considered a reverse distributor.  
(q) "Run-off" means any rainwater, leachate, or other liquid that drains over land from  
any part of a facility.  
24  
(r) "Run-on" means any rainwater, leachate, or other liquid that drains over land onto  
any part of a facility.  
(s) "Saturated zone" or "zone of saturation" means that part of the earth's crust in which  
all voids are filled with water.  
(t) "Scrap metal" means bits and pieces of metal parts, such as bars, turnings, rods,  
sheets, wire, or metal pieces, that may be combined with bolts or by soldering, such as  
radiators, scrap automobiles, and railroad car boxes, and that, when worn or superfluous,  
may be recycled.  
(u) "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 are not subject to the requirements of  
40 CFR part 264, subpart F.  
(v) "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 part 2 of these rules.  
(w) "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.  
(x) "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, site identification  
number means an equivalent number that is assigned by the director.  
(y) "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.  
(z) "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.  
(aa) "Small quantity generator" means a generator that 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.  
(bb) "Sole-source aquifer" means an aquifer designated pursuant to section 1424(e) of  
the federal safe drinking water act, 42 USC 300h-3.  
(cc) "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 to 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.  
25  
(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).  
(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 being recycled. A material  
is not accumulated speculatively if the person accumulating the material shows that all  
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  
in units that are exempt from regulation under R 299.9204(3)(a) or are already defined as  
wastes must 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 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 accumulate. If placing a label on the storage unit is not  
practicable, the accumulation period must be documented through an inventory log or  
other appropriate method.  
(ff) "Spent material" means any material that has been used and, because 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) "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.  
(ii) "Sump" means any pit or reservoir which satisfies the definition of tank and the  
troughs or trenches connected to it that 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 collects liquids drained from a leachate collection and removal system or  
leak detection system for later removal from the system.  
(jj) "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, manmade excavation, or diked area formed primarily of earthen materials,  
although it may be lined with manmade materials, that is designed to hold an  
26  
accumulation of liquid wastes or wastes containing free liquids, and that is not an  
injection well. Surface impoundments include holding, storage, settling and aeration pits,  
ponds, and lagoons.  
(kk) "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.  
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) "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 the following are  
examples of thermal treatment processes:  
(i) Incineration.  
(ii) Molten salt.  
(iii) Pyrolysis.  
(iv) Calcination.  
(v) Wet air oxidation.  
(vi) Microwave discharge.  
(d) "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).  
(e) "Title II of the solid waste disposal act" means the sections of Public Law 89-272  
specified in the act.  
(f) "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.  
(g) "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.  
(h) "Transportation" means the movement of hazardous waste by air, rail, highway, or  
water.  
(i) "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.  
(j) "Transporter" means a person that is engaged in the off-site transportation of  
hazardous waste by air, rail, highway, or water.  
27  
(k) "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.  
(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 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.  
(l) "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.  
(m) "Treatment facility" means a facility or part of a facility at which hazardous waste is  
subject to treatment.  
(n) "Treatment zone" means a soil area of the unsaturated zone of a land treatment unit  
within which hazardous constituents are degraded, transformed, or immobilized.  
(o) "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.  
(p) "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.  
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 a manner that constitutes a hazard to operations, installation,  
personnel, or material and remain unexploded either by malfunction, design, or another  
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.  
28  
(e) "United States" or "state" means any of the following:  
(i) The 50 states.  
(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 that has lawfully recognized resident status  
within the United States and brings, 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 that is liable for primary payment of any United States customs duties on  
the hazardous waste.  
(ii) An agent, as that term is 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 that 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.  
Universal waste handler does not include either of the following:  
(i) A person that 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 that  
accumulates 5,000 kilograms or more total of universal waste at any time.  
(j) "Universal waste small quantity handler" means a universal waste handler that 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" means the zone between the land surface and the water table.  
(o) "Uppermost aquifer" means the geologic formation nearest the natural ground  
29  
surface that is an aquifer and includes lower aquifers that are hydraulically interconnected  
with the aquifer within the facility's property boundary.  
(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 that has been refined from crude oil, or any synthetic oil,  
which has been used and because 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 that term is 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 that 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 that conducts either of the following  
activities:  
(i) Directs a shipment of off-specification used oil from the used oil fuel market’s  
facility to a used oil burner.  
(ii) First claims that the used oil 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.  
30  
(cc) "Used oil processor/re-refiner" means a facility that processes used oil.  
(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 that transports used oil, that 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 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 another 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 that term is defined in 49 CFR 171.8.  
(ii) A semitrailer, truck, or trailer, as those terms are defined in act 300.  
(iii) A truck tractor, as that term is 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 that 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.  
31  
(jj) "Vessel" means a watercraft that is used or is capable of being used as a means of  
transportation on the water because of flooding.  
(kk) "Waste" means material that is defined as waste in R 299.9202.  
(ll) "WIETS" means the EPA’s Waste Import Export Tracking System.  
(mm) "Waste management area" means the limit projected in the horizontal plane of the  
area waste is 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.  
(nn) "Wastewater treatment unit" means a device that satisfies all the following  
requirements:  
(i) Is part of a wastewater treatment facility that is subject to regulation under either  
section 307(b) or 402 of the federal clean water act, 33 USC 1317 or 1342.  
(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.  
(oo) "Water (bulk shipment)" means the bulk transportation of hazardous waste that is  
loaded or carried on board a vessel without containers or labels.  
(pp) "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.  
(qq) "Wetland" means the areas defined as wetlands in part 303 of the act,  
MCL 324.30301 to 324.30328.  
(rr) "Wipe" means a woven or non-woven shop towel, rag, pad, or swab made of wood  
pulp, fabric, cotton, polyester blends, or other material.  
(ss) "Zone of engineering control" means an area that is under the control of the owner  
or operator and that, on 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.  
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 that are hazardous wastes  
under sections 11146 and 11148 of the act, MCL 324.11146 and 324.11148. A material  
that 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 11146 of the act, MCL 324.11146, the director  
has reason to believe that the material may be a hazardous waste within the meaning of  
section 11103 of the act, MCL 324.11103, and, in the case of section 11148 of the act,  
MCL 324.11148, 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. For example, it does not  
apply to materials such as nonhazardous scrap, paper, textiles, and rubbers that are not  
32  
otherwise hazardous wastes and are recycled.  
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 material that is any of the following:  
(a) A material that is abandoned by being disposed of; burned or incinerated;  
accumulated, stored, or treated, but not recycled, before or instead of being abandoned by  
being disposed of, burned, or incinerated; or sham recycled.  
(b) A material that is recycled, or accumulated, stored, or treated before recycling, and  
that meets 1 of the following criteria:  
(i) It is a material listed in subrule (2) of this rule and is used in a manner constituting  
disposal by being either of the following:  
(A) Applied to or placed on the land in a manner that constitutes disposal.  
(B) Used to produce products that are applied to or are placed on the land or are  
otherwise contained in products that are applied to or placed on the land, in which cases  
the product itself remains a waste. A commercial chemical product listed in R 299.9214  
is not a waste if it is applied to the land and that is its ordinary manner of use.  
(ii) It is a material listed in subrule (2) of this rule and it is burned to recover energy, is  
used to produce a fuel, or is otherwise contained in fuels, in which cases the fuel itself  
remains a waste. A commercial chemical product listed in R 299.9214 is not a waste if it  
is itself a fuel.  
(iii) It is a material listed in subrule (2)(a), (b), or (c) of this rule and it undergoes  
reclamation, except as provided for in R 299.9204(1)(v), (aa), (bb), and (cc).  
(iv) It is a material listed in subrule (2)(a), (b), (c), or (d) of this rule and it undergoes  
speculative accumulation.  
(v) It is an inherently waste-like material, having a hazardous waste number of F020,  
F021, F022, F023, F026, or F028, or is another waste determined by the administrator  
based on both of the following criteria:  
(A) The materials are ordinarily disposed of, burned, or incinerated or the materials  
contain toxic constituents that are listed in 40 CFR part 261, appendix VIII, and that are  
not ordinarily found in raw materials or products for which the materials substitute or are  
found in raw materials or products in smaller concentrations, and that are not used or  
reused during the recycling process.  
(B) The material might pose a substantial hazard to human health and the environment  
when recycled.  
(vi) It is an inherently waste-like material that is a secondary material, that is fed to a  
halogen acid furnace, and that exhibits a characteristic of a hazardous waste or is listed as  
a hazardous waste under part 2 of these rules, except for brominated material that meets  
all 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.  
33  
(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, 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 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, 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 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 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.  
(b) Materials that are reclaimed and 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  
34  
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."  
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 307(b) or 402 of the federal clean water act,  
33 USC 1317 and 1342, including wastewater at facilities that have eliminated the  
discharge of wastewater, and is 1 of the following:  
(i) One or more of the spent solvents carbon tetrachloride, tetrachloroethylene,  
trichloroethylene, or benzene that are listed in R 299.9213 or scrubber waters derived  
from the combustion of these spent solvents, 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 wastewater treatment system, at facilities subject to regulation under the federal  
clean air act at 40 CFR parts 60, 61, or 63 or at facilities subject to an enforceable limit in  
a federal operating permit that minimizes fugitive emissions, is not more than 1 part per  
million on an average weekly basis 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 is eligible for the direct monitoring option once it  
35  
receives confirmation that the sampling and analysis plan has been received by the  
director. The director may reject the sampling and analysis plan if the director 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, the director 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 spent solvents methylene chloride, 1,1,1-trichloroethane,  
chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl  
ethyl ketone, carbon disulfide, isobutanol, pyridine, chlorofluorocarbon solvents,  
2-ethoxyethanol, that are listed in R 299.9213 or scrubber waters derived from the  
combustion of the spent solvents, 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 the federal clean air  
act at 40 CFR at parts 60, 61, or 63 or at facilities subject to an enforceable limit in a  
federal operating permit that minimizes fugitive emissions, is not more than 25 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 is 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 the director 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, the director 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  
36  
or are produced in the manufacturing process. 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 is  
eligible to claim the exemption once notification of the possible deminimis releases has  
been provided via the federal 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 must be placed in the facility's  
on-site files. For 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.  
(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.  
(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 that are used  
in laboratories and are demonstrated not to be discharged to wastewater must 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 must include the monitoring point location at  
the headworks, the sampling frequency and methodology, and a list of constituents to be  
37  
monitored. A facility is 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 the director 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, the director shall notify the facility that it  
must cease the use of the direct monitoring option until the bases for the rejection are  
corrected.  
(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  
rendered inaccurate by changes in the facility's operations. The sampling and analysis  
plan must include the monitoring point location at the headworks, the sampling frequency  
and methodology, and a list of constituents to be monitored. A facility is 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 the director 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,  
the director shall notify the facility that it must cease the use of the direct monitoring  
option until the bases for the rejection are corrected.  
(d) It is a mixture of a waste and a hazardous waste that meets the characteristic of  
severe toxicity pursuant to R 299.9212(5).  
(e) It is a used oil that contains more than 1,000 parts per million total halogens. Used  
oil that contains more than 1,000 parts per million is presumed to be a hazardous waste  
and is regulated as a hazardous waste under part 111 and these rules. A person may rebut  
the presumption by demonstrating that the used oil does not contain hazardous waste.  
The demonstration may be made by showing that the used oil does not contain significant  
concentrations of halogenated hazardous constituents that are listed in 40 CFR part 261,  
appendix VIII. The rebuttable presumption rule does not apply to the following  
materials:  
(i) Metalworking oils or fluids that contain chlorinated paraffins if the oils or fluids are  
processed through a tolling agreement as specified in 40 CFR 279.24(c) to reclaim the  
oils or fluids. The rebuttable presumption does apply, however, if the oils or fluids are  
recycled in another manner or are disposed of.  
(ii) Used oils that are contaminated with chlorofluorocarbons that have been removed  
from refrigeration units if the chlorofluorocarbons are destined for reclamation. The  
rebuttable presumption does apply, however, if the used oils are contaminated with  
38  
chlorofluorocarbons that have been mixed with used oil from sources other than  
refrigeration units.  
(2) A waste that is not excluded from regulation pursuant to R 299.9204(1) or (2)  
becomes a hazardous waste when any of the following events occur:  
(a) In the case of a waste that is listed in R 299.9213 or R 299.9214, when the waste  
first meets the listing description.  
(b) In the case of a mixture of waste and 1 or more listed hazardous wastes or severely  
toxic wastes, when a waste that is hazardous pursuant to R 299.9212(5), R 299.9213, or  
R 299.9214 is first added to the waste.  
(c) In the case of other waste, including a waste mixture, when the waste exhibits any  
of the characteristics identified in R 299.9212.  
(3) Unless it meets the criteria of subrule (5) of this rule, a hazardous waste will remain  
a hazardous waste, and, except as provided in subrules (4), (7), and (8) of this rule, any  
waste generated from the treatment, storage, or disposal of a hazardous waste, including  
any sludge, spill residue, ash, emission control dust, or leachate, but not including  
precipitation runoff, is a hazardous waste. Materials that are reclaimed from wastes and  
that are used beneficially are not wastes and are not hazardous wastes pursuant to this  
subrule, unless the reclaimed material is burned for energy recovery or used in a manner  
that constitutes disposal.  
(4) All the following wastes are not hazardous even though they are generated from the  
treatment, storage, or disposal of a hazardous waste, unless they exhibit 1 or more of the  
characteristics of hazardous waste:  
(a) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor  
from the iron and steel industry, as defined by standard industrial codes 331 and 332 in  
the office of management and budget document entitled "Standard Industrial  
Classification Manual."  
(b) Wastes from burning any of the materials exempted from regulation by  
R 299.9206(3)(c) to (f).  
(c) Nonwastewater residues, such as slag, which result from high temperature metals  
recovery processing of K061, K062, or F006 waste in units identified as rotary kilns,  
flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth  
furnace/electric furnace combinations, or industrial furnaces and are disposed of in units  
regulated under part 115, if the residues comply with the specified generic exclusion  
levels. Testing requirements must be incorporated in a facility's waste analysis plan or  
generator's self-implementing waste analysis plan. At a minimum, samples of residues  
must be collected and analyzed quarterly or when the process or operation generating the  
waste changes. A person that claims this exclusion in an enforcement action has the  
burden of proving, by clear and convincing evidence, that the material meets all the  
following exclusion requirements:  
(i) For K061 and K062 nonwastewater high temperature metals recovery residues, the  
specified generic exclusion levels are as follows:  
(A) Antimony, 0.10 milligrams per liter.  
(B) Arsenic, 0.50 milligrams per liter.  
(C) Barium, 7.6 milligrams per liter.  
(D) Beryllium, 0.010 milligrams per liter.  
(E) Cadmium, 0.050 milligrams per liter.  
39  
(F) Chromium (total), 0.33 milligrams per liter.  
(G) Lead, 0.15 milligrams per liter.  
(H) Mercury, 0.009 milligrams per liter.  
(I) Nickel, 1.0 milligrams per liter.  
(J) Selenium, 0.16 milligrams per liter.  
(K) Silver, 0.30 milligrams per liter.  
(L) Thallium, 0.020 milligrams per liter.  
(M) Zinc, 70 milligrams per liter.  
(ii) For F006 nonwastewater high temperature metals recovery residues, the specified  
generic exclusion levels are as follows:  
(A) Antimony, 0.10 milligrams per liter.  
(B) Arsenic, 0.50 milligrams per liter.  
(C) Barium, 7.6 milligrams per liter.  
(D) Beryllium, 0.010 milligrams per liter.  
(E) Cadmium, 0.050 milligrams per liter.  
(F) Chromium (total), 0.33 milligrams per liter.  
(G) Cyanide (total), 1.8 mg/kg.  
(H) Lead, 0.15 milligrams per liter.  
(I) Mercury, 0.009 milligrams per liter.  
(J) Nickel, 1.0 milligrams per liter.  
(K) Selenium, 0.16 milligrams per liter.  
(L) Silver, 0.30 milligrams per liter.  
(M) Thallium, 0.020 milligrams per liter.  
(N) Zinc, 70 milligrams per liter.  
(iii) For nonwastewater residues resulting from the high temperature metals recovery  
processing of KO61, K062, or F006 waste which meet the generic exclusion levels  
specified in this subdivision and which do not exhibit any hazardous waste characteristic,  
and that are sent to a unit regulated under part 115, the person claiming the exclusion  
shall send a 1time notification and certification to the director. The notification and  
certification must be in compliance with all the following provisions:  
(A) The notification and certification must be maintained at the facility.  
(B) The notification and certification must be updated by the person claiming the  
exclusion if the process or operation generating the waste changes or if the unit regulated  
under part 115 that is receiving the waste changes. However, the director need only be  
notified on an annual basis, by the end of the calendar year, if a change occurs.  
(C) The notification must include all the following information:  
(I) The name and address of the unit regulated under part 115 that is receiving the  
waste shipment.  
(II) The site identification number and treatability group of the waste at the initial  
point of generation.  
(III) The treatment standards applicable to the waste at the initial point of generation.  
(D) The certification must be signed by an authorized representative and include the  
following statement: "I certify under penalty of law that the generic exclusion levels for  
all constituents have been met without impermissible dilution and that no characteristic of  
hazardous waste is exhibited. I am aware that there are significant penalties for  
submitting a false certification, including the possibility of fine and imprisonment."  
40  
(d) Biological treatment sludge from the treatment of organic wastes from the  
production of carbamates and carbamoyl oximes, K156, or wastewaters from the  
production of carbamates and carbamoyl oximes, K157.  
(e) Catalyst inert support media separated from either or both of the following wastes  
listed in R 299.9213:  
(i) Spent hydrotreating catalyst, K171.  
(ii) Spent hydrorefining catalyst, K172.  
(5) Any waste that is described in subrule (3) of this rule is not a hazardous waste if it  
complies with the following criteria, as applicable:  
(a) In the case of any waste, it does not exhibit any of the characteristics of hazardous  
waste that are identified in R 299.9212. However, a waste that exhibits a characteristic at  
the point of generation may still be subject to the requirements of 40 CFR part 268, even  
if the waste does not exhibit a characteristic at the point of land disposal.  
(b) In the case of a waste which is listed in R 299.9212(5), R 299.9213, or R 299.9214,  
which contains a waste that is listed in these rules, or which is derived from a waste that  
is listed in these rules, the waste also has been excluded from regulation pursuant to  
R 299.9211.  
(6) Notwithstanding subrules (1) to (5) of this rule and if the debris, as defined in  
40 CFR part 268, does not exhibit a hazardous characteristic identified in R 299.9212, the  
following materials are not subject to regulation under part 111 and these rules, except  
for R 299.9809 to R 299.9816:  
(a) Hazardous debris that has been treated using 1 of the required extraction or  
destruction technologies specified in 40 CFR 268.45, table 1. A person that claims this  
exclusion in an enforcement action has the burden of proving, by clear and convincing  
evidence, that the material meets all the exclusion requirements.  
(b) Debris that the director, considering the extent of contamination, has determined is  
no longer contaminated with hazardous waste.  
(7) A hazardous waste that is listed in R 299.9213 or R 299.9214 solely because it  
exhibits 1 or more characteristics of ignitability, corrosivity, or reactivity, as defined  
under R 299.9212, is not a hazardous waste, if the waste no longer exhibits any  
characteristic of hazardous waste identified in R 299.9212. However, the waste remains  
subject to 40 CFR part 268, as applicable, even if the waste no longer exhibits a  
characteristic at the point of land disposal. This exclusion is limited to any of the  
following:  
(a) A mixture of a waste and a hazardous waste listed in R 299.9213 or R 299.9214  
solely because it exhibits 1 or more characteristics of ignitability, corrosivity, or  
reactivity which is generated as a result of a cleanup conducted at the individual site of  
generation pursuant to part 31, part 111, part 201, part 213, or CERCLA.  
(b) A waste generated from the treatment, storage, or disposal of a hazardous waste  
listed in R 299.9213 or R 299.9214 solely because it exhibits the characteristic of  
ignitability.  
(c) A mixture of a waste excluded from regulation under R 299.9204(2)(i) and a  
hazardous waste listed in R 299.9213 or R 299.9214 solely because it exhibits 1 or more  
of the characteristics of ignitability, corrosivity, or reactivity which is generated because  
of a cleanup conducted at the individual site of generation pursuant to part 31, part 111,  
part 201, part 213, or CERCLA.  
41  
(8) Hazardous waste that contains radioactive waste is no longer a hazardous waste  
when it meets the eligibility criteria and conditions of R 299.9822 and R 299.9823. This  
exclusion is limited to either of the following:  
(a) A mixture of a waste and an eligible radioactive mixed waste.  
(b) A waste generated from the treatment, storage, or disposal of an eligible radioactive  
mixed waste.  
(9) The office of management and budget document entitled "Standard Industrial  
Classification Manual" is adopted by reference in R 299.11007.  
R 299.9204 Exclusions.  
Rule 204. (1) The following materials are not wastes under part 111 and these rules:  
(a) Domestic sewage and any mixture of domestic sewage and other wastes that passes  
through a sewer system to a publicly owned treatment works for treatment, except as  
prohibited by R 299.9828 and the federal clean water act requirements under  
40 CFR 403.5(b). Domestic sewage means untreated sanitary wastes that pass through a  
sewer system.  
(b) Industrial wastewater discharges that are point source discharges subject to  
regulation under section 402 of the federal clean water act, 33 USC 1342, except for  
discharges to injection wells.  
(c) Irrigation return flows.  
(d) Source, special nuclear, or byproduct material, as those terms are defined by the  
atomic energy act of 1954, 42 USC 2011 to 2297g-4.  
(e) Materials that are subjected to insitu mining techniques and that are not removed  
from the ground as part of the extraction process.  
(f) Pulping liquors that are reclaimed in a pulping liquor recovery furnace and reused in  
the pulping process, unless the liquors are accumulated speculatively.  
(g) Spent sulfuric acid that is used to produce virgin sulfuric acid provided it is not  
accumulated speculatively.  
(h) Secondary materials that are reclaimed and returned to the original process or  
processes in which they were generated and where they are reused in the production  
process, if all the following provisions apply:  
(i) Only tank storage is involved, and the entire process through completion of  
reclamation is closed by being entirely connected with pipes or other comparable  
enclosed means of conveyance.  
(ii) The reclamation does not involve controlled flame combustion, such as occurs in  
boilers, industrial furnaces, or incinerators.  
(iii) The secondary materials are not accumulated in the tanks for more than 12 months  
without being reclaimed.  
(iv) The reclaimed material is not used to produce a fuel and is not used to produce  
products that are used in a manner that constitutes disposal.  
(i) Spent wood preserving solutions that have been reclaimed and that are reused for  
their original intended purpose.  
(j) Wastewaters from the wood preserving process that have been reclaimed and that  
are reused to treat wood.  
(k) Nonwastewater splash condenser dross residue from the treatment of K061 in high  
temperature metals recovery units, if the residue, if shipped, is shipped, in containers and  
42  
is not land disposed before recovery.  
(l) Oil-bearing hazardous secondary materials, such as sludges, by-products, and spent  
materials, that are generated at a petroleum refinery (SIC code 2911) and are inserted into  
the petroleum refining process (SIC code 2911), including distillation, catalytic cracking,  
fractionation, or thermal cracking units, unless the material is placed on the land,  
or accumulated speculatively before being so recycled. Materials inserted into thermal  
cracking units are excluded under this subdivision if the coke product does not exhibit a  
characteristic of a hazardous waste. Oil-bearing hazardous secondary materials may be  
inserted into the same petroleum refinery where they are generated, or sent directly to  
another refinery, and still be excluded under this subdivision. Except as provided for in  
subdivision (m) of this subrule, oil-bearing hazardous secondary materials generated  
elsewhere in the petroleum industry are not excluded under this subdivision. Residuals  
generated from processing or recycling materials excluded under this subdivision, where  
the materials as generated would have otherwise met a listing under R 299.9213  
or R 299.9214, are designated as F037 wastes when disposed of or intended for disposal.  
(m) Recovered oil that is recycled in the same manner and with the same conditions as  
described in subdivision (l) of this subrule. Recovered oil is oil that has been reclaimed  
from secondary materials, including wastewater, generated from normal petroleum  
industry practices, including refining, exploration and production, bulk storage, and  
transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612,  
4613, 4789, 4922, 4923, 5171, and 5172). Recovered oil does not include oil--bearing  
hazardous wastes listed in part 2 of these rules. However, oil recovered from oil--bearing  
hazardous wastes listed in part 2 of these rules may be considered recovered oil.  
Recovered oil also does not include used oil, as that term is defined in R 299.9109.  
(n) EPA hazardous waste numbers K060, K087, K141, K142, K143, K144, K145,  
K147, and K148 and any wastes from the coke by-products processes that are hazardous  
only because they exhibit the toxicity characteristic specified in R 299.9212 when, after  
generation, the materials are recycled to coke ovens or to the tar recovery process as a  
feedstock to produce coal tar or are mixed with coal tar before the tar's sale or refining.  
This exclusion is conditioned on there being no land disposal of the wastes from the point  
that the wastes are generated to the point that they are recycled to coke ovens or tar  
recovery or refining processes or are mixed with coal tar.  
(o) Materials that are reclaimed from used oil and used beneficially if the materials are  
not burned for energy recovery or used in a manner that constitutes disposal of the  
materials.  
(p) Excluded scrap metal that is being recycled.  
(q) Shredded circuit boards that are being recycled if both of the following  
requirements are met:  
(i) The shredded circuit boards are stored in containers sufficient to prevent a release to  
the environment before recovery.  
(ii) The shredded circuit boards are free of mercury switches, mercury relays, and  
nickel-cadmium batteries and lithium batteries.  
(r) Condensates derived from the overhead gases from kraft mill steam strippers that are  
used to comply with 40 CFR 63.446(e). This exemption applies only to combustion at  
the mill generating the condensates.  
(s) Petrochemical recovered oil from an associated organic chemical manufacturing  
43  
facility, where the oil is inserted into the petroleum refining process (SIC code 2911)  
along with normal petroleum refinery process streams, if both the following requirements  
are met:  
(i) The oil is hazardous only because it exhibits the characteristic of ignitability as  
defined in R 299.9212 or toxicity for benzene as defined in R 299.9212 and R 299.9217.  
(ii) The oil generated by the organic chemical manufacturing facility is not placed on  
the land or speculatively accumulated before being recycled into the petroleum refining  
process.  
(t) Spent caustic solutions from petroleum refining liquid treating processes used as a  
feedstock to produce cresylic or naphthenic acid unless the material is placed on the land  
or speculatively accumulated.  
(u) Before reuse, the wood preserving wastewaters and spent wood preserving solutions  
described in subdivisions (i) and (j) of this subrule if all the following requirements are  
met:  
(i) The wood preserving wastewaters and spent wood preserving solutions are reused  
on-site at water borne plants in the production process for their original intended use.  
(ii) Before reuse, the wastewaters and spent wood preserving solutions are managed to  
prevent releases to either the land or groundwater or both.  
(iii) Units used to manage wastewaters or spent wood preserving solutions before reuse  
can be visually or otherwise determined to prevent releases to either land or groundwater.  
(iv) Drip pads used to manage the wastewaters or spent wood preserving solutions  
before reuse comply with 40 CFR part 265, subpart W, regardless of whether the plant  
generates a total of less than 1,000 kilograms per month of hazardous waste.  
(v) Before operating under this exclusion, the plant owner or operator complies with all  
the following requirements; otherwise the exclusion must not apply:  
(A) Submits a 1-time notification to the director stating that the plant intends to claim  
the exclusion, giving the date the plant intends to begin operating under the exclusion,  
and containing the following language: "I have read the applicable regulation  
establishing an exclusion for wood preserving wastewaters and spent wood preserving  
solutions and understand it requires me to comply at all times with the conditions set out  
in the regulations."  
(B) The owner or operator maintains a copy of the 1-time notification required under  
paragraph (v) of this subdivision in its on-site records until closure of the facility.  
(C) If the plant voids the exclusion by not complying with the exclusion conditions  
and wishes to have its wastes excluded again, it shall apply to the director for  
reinstatement. The director may reinstate the exclusion on finding that the plant has  
returned to compliance with all the conditions and that violations are not likely to recur.  
(v) Spent materials, other than hazardous waste listed under R 299.9213 or R 299.9214,  
that are generated within the primary mineral processing industry from which minerals,  
acids, cyanide, water, or other values are recovered by mineral processing or by  
beneficiation if all the following requirements are met:  
(i) The spent material is legitimately recycled to recover minerals, acids, cyanide,  
water, or other values.  
(ii) The spent material is not speculatively accumulated.  
(iii) Except as provided under paragraph (iv) of this subdivision, the spent material is  
stored in tanks, containers, or buildings that meet the following requirements as  
44  
applicable:  
(A) If using a building, the building must be an engineered structure with a floor,  
walls, and a roof all made of non-earthen materials providing structural support, except  
smelter buildings which may have partially earthen floors if the spent material is stored  
on the non-earthen portion, has a roof that is suitable for diverting rainwater away from  
the foundation, and is designed, constructed, and operated to prevent significant releases  
of the material to the environment.  
(B) If using a tank, the tank must be free standing, not meet the definition of a surface  
impoundment, be manufactured of a material suitable for containment of its contents, be  
operated in a manner that controls fugitive dust if the tank contains any particulate that  
may be subject to wind dispersal, and be designed, constructed, and operated to prevent  
significant releases of the material to the environment.  
(C) If using a container, the container must be free standing and be manufactured of a  
material suitable for containment of its contents, be operated in a manner that controls  
fugitive dust if the container contains any particulate that may be subject to wind  
dispersal, and be designed, constructed, and operated to prevent significant releases of the  
material to the environment.  
(iv) The spent materials are placed on pads if all the following requirements are met:  
(A) The solid mineral processing spent materials do not contain any free liquid.  
(B) The pad is designed, constructed, and operated to prevent significant releases of  
the spent material into the environment.  
(C) The pad provides the same degree of containment afforded by non-RCRA tanks,  
containers, and buildings eligible for this exclusion.  
(D) The pad is designed of non-earthen material that is compatible with the chemical  
nature of the mineral processing spent material.  
(E) The pad is capable of withstanding physical stresses associated with placement  
and removal.  
(F) The pad has run-on/run-off controls.  
(G) The pad is operated in a manner that controls fugitive dust.  
(H) The integrity of the pad is ensured through inspections and maintenance programs.  
(I) The director makes a site-specific determination that the materials may be placed  
on a pad rather than in tanks, containers, or buildings. In making a determination, the  
director shall consider whether storage on a pad poses the potential for significant  
releases via groundwater, surface water, and air exposure pathways. When assessing the  
groundwater, surface water, and air exposure pathways, the director shall consider the  
volume and physical and chemical properties of the spent material, including its potential  
for migration of the pad, the potential for human or environmental exposure to hazardous  
constituents migrating from the pad via each exposure pathway, and the possibility and  
extent of harm to human and environmental receptors via each exposure pathway. Before  
making a determination, the director shall provide notice and the opportunity for  
comment to all persons potentially interested in the determination. Notice may be  
accomplished by placing notice of the action in major local newspapers or broadcasting  
notice over local radio stations.  
(v) The owner or operator provides notice to the director that provides the following  
information and is updated if there is a change in the type of materials recycled or the  
location of the recycling process:  
45  
(A) The types of materials recycled.  
(B) The type and location of storage units and recycling processes.  
(C) The annual quantities expected to be placed in land-based units.  
(vi) For the exclusion under R 299.9204(2)(i), mineral processing spent materials must  
be the result of mineral processing and may not include any hazardous wastes listed  
under R 299.9213 or R 299.9214. Listed hazardous wastes and characteristic hazardous  
wastes generated by non-mineral processing industries are not eligible for the conditional  
exclusion from the definition of waste.  
(w) Hazardous secondary materials used to make zinc fertilizers if the following  
conditions are met:  
(i) Hazardous secondary materials used to make zinc micronutrient fertilizers must not  
be accumulated speculatively.  
(ii) Generators and intermediate handlers of zinc-bearing hazardous secondary  
materials that are incorporated into zinc fertilizers shall comply with all the following  
requirements:  
(A) Submit a 1-time notice to the director that contains the name, address, and site  
identification number of the generator or intermediate handler facility, provides a brief  
description of the secondary material that is subject to the exclusion, and identifies when  
the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary  
materials under the conditions of this subdivision.  
(B) Store the excluded secondary material in buildings, tanks, or containers that are  
constructed and maintained in a way that prevents releases of the secondary materials  
into the environment. At a minimum, any building used for this purpose must be an  
engineered structure made of non-earthen materials that provide structural support and  
have a floor, walls, and a roof that prevent wind dispersal and contact with rainwater.  
Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs  
or covers that prevent contact with wind and rain. Containers that are used for this  
purpose must remain closed except when it is necessary to add or remove material and be  
in sound condition. Containers that are stored outdoors must be managed within storage  
areas that have containment structures or systems sufficiently impervious to contain  
leaks, spills, and accumulated precipitation; provide for effective drainage and removal of  
leaks, spills, and accumulated precipitation; and prevent run-on into the containment  
system.  
(C) With each off-site shipment of excluded hazardous secondary materials, provide  
written notice to the receiving facility that the material is subject to the conditions of this  
subdivision.  
(D) Maintain at the generator's or intermediate handler's facility for not less than  
3 years records of all shipments of excluded hazardous secondary materials. At a  
minimum, the records for each shipment must include the name of the transporter, the  
date of the shipment, the name and address of the facility that received the excluded  
material, documentation confirming receipt of the shipment, and the type and quantity of  
excluded secondary material in each shipment.  
(iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded  
hazardous secondary materials shall comply with all the following requirements:  
(A) Store excluded hazardous secondary material under the storage requirements for  
generators and intermediate handlers, as specified in paragraph (ii) of this subdivision.  
46  
(B) Submit a 1-time notification to the director which contains the name, address, and  
site identification number of the manufacturing facility and identifies when the  
manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary  
materials under the conditions of this subdivision.  
(C) Maintain for not less than 3 years records of all shipments of excluded hazardous  
secondary materials received by the manufacturer. At a minimum, the records for each  
shipment must include the name and address of the generating facility, the name of the  
transporter, the date the materials were received, the quantity of materials received, and a  
brief description of the industrial process that generated the material.  
(D) Submit to the director an annual report that identifies the total quantities of all  
excluded hazardous secondary materials that were used to manufacture zinc fertilizers or  
zinc fertilizer ingredients in the previous year, the name and address of each generating  
facility, and the industrial process from which they were generated.  
(iv) Nothing in this subdivision preempts, overrides, or otherwise negates the  
requirements of R 299.9302, that requires any person that generates a waste to determine  
if the waste is a hazardous waste.  
(v) Interim status and licensed storage units that have been used to store only  
zinc-bearing hazardous wastes before the submission of the 1-time notice described in  
paragraph (ii) of this subdivision, and that afterward is used only to store hazardous  
secondary materials excluded under this subdivision, are not subject to the closure  
requirements of part 6 of these rules.  
(x) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that  
are excluded under subdivision (w) of this subrule, if the following conditions are met:  
(i) The fertilizers meet the following contaminant limits, established as the maximum  
allowable total concentration in fertilizer per 1% of zinc, for metal contaminants:  
(A) Arsenic, 0.3 parts per million.  
(B) Cadmium, 1.4 parts per million.  
(C) Chromium, 0.6 parts per million.  
(D) Lead, 2.8 parts per million.  
(E) Mercury, 0.3 parts per million.  
(ii) The fertilizers meet the contaminant limit for dioxin contaminants of not more than  
8 parts per trillion of dioxin, measured as toxic equivalent.  
(iii) The manufacturer performs sampling and analysis of the fertilizer product to  
determine compliance with the contaminant limits for metals not less than every 6  
months, and for dioxins not less than every 12 months. Testing must also be performed  
when changes occur to manufacturing processes or ingredients that could significantly  
affect the amounts of contaminants in the fertilizer product. The manufacturer may use  
any reliable analytical methods to demonstrate that no constituent of concern is present in  
the product at concentrations above the applicable limits. The manufacturer shall ensure  
that the sampling and analysis are unbiased, precise, and representative of the products  
introduced into commerce.  
(iv) The manufacturer maintains for not less than 3 years records of all sampling and  
analysis performed for determining compliance with the requirements of paragraph (iii)  
of this subdivision. At a minimum, the records must include all the following:  
(A) The dates and times product samples were taken, and the dates the samples were  
analyzed.  
47  
(B) The names and qualifications of the persons taking the samples.  
(C) A description of the methods and equipment used to take the samples.  
(D) The name and address of the laboratory facility at which analyses of the samples  
were performed.  
(E) A description of the analytical methods used, including any cleanup and sample  
preparation methods.  
(F) All laboratory analytical results used to determine compliance with the  
contaminant limits specified in paragraphs (i) and (ii) of this subdivision.  
(y) Used CRTs that meet any of the following requirements:  
(i) Used, intact CRTs unless they are disposed or are speculatively accumulated by  
CRT collectors or glass processors.  
(ii) Used, intact CRTs when exported for recycling if they meet the requirements of  
R 299.9231(5).  
(iii) Used, broken CRTs if they meet the requirements of R 299.9231(1) and (2).  
(iv) Glass removed from CRTs if it meets the requirements of R 299.9231(3).  
(z) Solvent-contaminated wipes that are sent for cleaning and reuse are not wastes at  
the point of generation if all the following requirements are met:  
(i) The wipes, when accumulated, stored, and transported, are contained in  
non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes."  
The containers must be able to contain free liquids if free liquids occur. During  
accumulation, a container is considered closed if there is complete contact between the  
fitted lid and the rim, except when it is necessary to add or remove wipes. If the  
container is full, the wipes are no longer being accumulated, or the container is being  
transported, the container must be sealed with all lids properly and securely affixed to the  
container and all openings tightly bound or closed sufficiently to prevent leaks and  
emissions.  
(ii) The wipes must not be accumulated by the generator for more than 180 days after  
the start date of accumulation for each container before being sent for cleaning.  
(iii) At the point of being sent for cleaning on-site or at the point of being transported  
off-site for cleaning, the wipes must contain no free liquids.  
(iv) Free liquids removed from the wipes or from the container holding the wipes must  
be managed in accordance with these rules.  
(v) Generators shall maintain at their site all the following:  
(A) The name and address of the laundry or dry cleaner that is receiving the wipes.  
(B) Documentation that the 180-day accumulation time limit in paragraph (ii) of this  
subdivision is being met.  
(C) A description of the process the generator is using to ensure that the wipes contain  
no free liquids at the point of being laundered or dry cleaned on-site or at the point of  
being transported off-site for laundering or dry cleaning.  
(vi) The wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated  
under sections 301 and 402 or section 307 of the federal clean water act, 33 USC 1311,  
1342, and 1317.  
(aa) Hazardous secondary material that is generated and legitimately reclaimed within  
the United States or its territories and under the control of the generator, if all the  
following requirements are met:  
(i) The hazardous secondary material is generated and reclaimed in accordance with  
48  
any of the following conditions:  
(A) It is reclaimed at the generating facility. For this requirement, the generating  
facility means all contiguous property owned, leased, or otherwise controlled by the  
hazardous secondary material generator.  
(B) It is reclaimed at a different facility that is controlled by the generator, and the  
generator provides the following certification to the department: "On behalf of [insert  
generating facility name], I certify that this facility will send the indicated hazardous  
secondary material to [insert reclaiming facility name], which is controlled by [insert  
generating facility name] and that [insert name of either generating or reclaiming facility  
name] has acknowledged full responsibility for the safe management of the secondary  
hazardous material."  
(C) It is reclaimed at a different facility and both the generating facility and the  
reclaiming facility are controlled by the same person, and the generator provides the  
following certification to the department: "On behalf of [insert generating facility name],  
I certify that this facility will send the indicated hazardous secondary material to [insert  
reclaiming facility name], that both facilities are under common control, and that [insert  
name of either generating or reclaiming facility name] has acknowledged full  
responsibility for the safe management of the secondary hazardous material." For this  
requirement, "control" means the power to direct the policies of the facility, whether by  
the ownership of stock, voting rights, or otherwise, except contractors that operate  
facilities on behalf of a different person shall not be considered to "control" the facilities.  
The generating and reclaiming facilities shall both maintain at their facilities for not less  
than 3 years records of hazardous secondary materials sent or received under this  
exclusion. In both cases, the records must contain the name of the transporter, the date of  
the shipment, and the type and quantity of the hazardous secondary material shipped or  
received under this exclusion. These requirements may be satisfied by routine business  
records, such as financial records, bills of lading, copies of DOT shipping papers, or  
electronic confirmations of receipt.  
(D) The hazardous secondary material is generated under a written contract between a  
tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor if the  
tolling contractor certifies the following: "On behalf of [insert tolling contractor name], I  
certify that [insert tolling contractor name] has a written contract with [insert toll  
manufacturer name] to manufacture [insert name of product or intermediate] which is  
made from specified unused materials, and that [insert tolling contractor name] will  
reclaim the hazardous secondary materials generated during this manufacture. On behalf  
of [insert tolling contractor name], I also certify that [insert tolling contractor name]  
retains ownership of, and responsibility for, the hazardous secondary materials that are  
generated during the manufacture, including any releases of hazardous secondary  
materials that occur during the manufacturing process." The tolling contractor shall  
maintain at its facility for not less than 3 years records of hazardous secondary materials  
received under its written contract with the toll manufacturer, and the toll manufacturer  
shall maintain at its facility for not less than 3 years records of hazardous secondary  
materials shipped under its written contract with the tolling contractor. In both cases, the  
records must contain the name of the transporter, the date of the shipment, and the type  
and quantity of the hazardous secondary materials shipped or received under the written  
contract. These requirements may be satisfied by routine business records, such as  
49  
financial records, bills of lading, copies of DOT shipping papers, or electronic  
confirmations of receipt. For this requirement, "tolling contractor" means a person that  
arranges for the production of a product or intermediate made from specified unused  
materials through a written contract with a toll manufacturer and "toll manufacturer"  
means a person that produces a product or intermediate made from specified unused  
materials under a written contract with a tolling contractor.  
(ii) The hazardous secondary material is contained. A hazardous secondary material  
that is released to the environment is discarded and a waste unless it is immediately  
recovered for reclamation. Hazardous secondary material managed in a unit with leaks or  
other continuing or intermittent unpermitted releases is discarded and a waste.  
(iii) The hazardous secondary material is not speculatively accumulated.  
(iv) A notification is provided in accordance with 40 CFR 260.42.  
(v) The hazardous secondary material is not otherwise subject to material-specific  
management conditions under this subrule when reclaimed, and it is not a spent  
lead--acid battery.  
(vi) A person performing the recycling of hazardous secondary materials under this  
exclusion shall maintain documentation of their legitimacy determination on-site. The  
documentation must include a written description of how the recycling meets all 3 factors  
in R 299.9232 and be maintained for 3 years after the recycling operation has ceased.  
(vii) The emergency preparedness and response requirements of R 299.9234.  
(bb) Hazardous secondary material that is generated and transferred to another person  
for reclamation if all the following requirements are met:  
(i) The hazardous secondary material is not speculatively accumulated.  
(ii) The hazardous secondary material is not handled by any person or facility other  
than the hazardous secondary material generator, the transporter, an intermediate facility,  
or a reclaimer, and while in transport, is not stored for more than 10 days at a transfer  
facility and is packaged in accordance with applicable DOT regulations in 49 CFR parts  
173, 178, and 179.  
(iii) The hazardous secondary material is not otherwise subject to material-specific  
management conditions under this subrule when reclaimed, and it is not a spent lead-acid  
battery.  
(iv) The reclamation of the hazardous secondary material is legitimate as outlined in  
R 299.9232.  
(v) The hazardous secondary material generator meets all the following conditions:  
(A) The hazardous secondary material is contained. A hazardous secondary material  
that is released to the environment is discarded and a waste unless it is immediately  
recovered for recycling. Hazardous secondary material managed in a unit with leaks or  
other continuing or intermittent unpermitted releases is discarded and a waste.  
(B) Before arranging for transport of hazardous secondary materials to a reclamation  
facility or facilities where the management of the hazardous secondary materials is not  
addressed under an operating license issued under these rules or by the interim status  
standards in part 6 of these rules, the hazardous secondary material generator shall make  
reasonable efforts to ensure that each reclaimer intends to properly and legitimately  
reclaim the hazardous secondary material and not discard it, and that each reclaimer will  
manage the hazardous secondary material in a manner that is protective of human health  
and the environment. If the hazardous secondary material will be passing through an  
50  
intermediate facility where the management of the hazardous secondary material is not  
addressed under an operating license issued under these rules or by the interim status  
standards under part 6 of these rules, the hazardous secondary material generator shall  
make contractual arrangements with the intermediate facility to ensure that the material is  
sent to the reclamation facility identified by the generator, and make reasonable efforts to  
ensure that the intermediate facility will manage the hazardous secondary material in a  
manner that is protective of human health and the environment. The hazardous  
secondary material generator shall repeat these reasonable efforts every 3 years at a  
minimum to claim the exclusion and send the hazardous secondary materials to each  
reclaimer and any intermediate facility. In making these reasonable efforts, the  
hazardous material generator may use any credible evidence available, including  
information gathered by the generator, provided by the reclaimer or intermediate facility,  
or provided by a third party. The hazardous secondary material generator shall confirm  
that all the following requirements are met for each reclamation facility and any  
intermediate facility:  
(I) The available information indicates that the reclamation process is legitimate  
under R 299.9232. In evaluating this requirement, the hazardous secondary material  
generator may rely on their existing knowledge of the physical and chemical properties of  
the hazardous secondary material, and information from other sources about the  
reclamation process.  
(II) The publicly available information indicates that the reclamation facility and any  
intermediate facility used by the hazardous secondary material generator has notified the  
appropriate authorities of the hazardous secondary materials reclamation activities under  
40 CFR 260.42, and that the financial assurance requirements of paragraph (vi)(F) of this  
subdivision have been satisfied. In evaluating this requirement, the hazardous secondary  
material generator may rely on the available information documenting the reclamation  
facility’s and any intermediate facility’s compliance with the notification requirements of  
40 CFR 260.42, including the requirement in 40 CFR 260.42(a)(5).  
(III) The publicly available information indicates that the reclamation facility or any  
intermediate facility used by the hazardous secondary material generator has not had a  
formal enforcement action taken against the facility in the previous 3 years for violations  
of part 111 and these rules and has not been classified as a significant non-complier under  
RCRA. In evaluating this requirement, the hazardous secondary material generator may  
rely on the publicly available information from this state or the EPA. If the reclamation  
facility or any intermediate facility that is used by the hazardous secondary material  
generator has had a formal enforcement action taken against the facility in the previous  
3 years for violations of part 111 and these rules, the generator shall have credible  
evidence that the facility will manage the hazardous secondary materials in accordance  
with the applicable regulations. The hazardous secondary material generator may obtain  
additional information from this state, the EPA, or the facility itself that the facility has  
addressed the violations, taken remedial steps to address the violations and prevent future  
violations, or that the violations are not relevant to the proper management of the  
hazardous secondary materials.  
(IV) The publicly available information indicates that the reclamation facility or any  
intermediate facility used by the hazardous secondary material generator has the  
equipment and trained personnel to safely recycle the hazardous secondary material. In  
51  
evaluating this requirement, the hazardous secondary material generator may rely on a  
description by the reclamation facility or by an independent third-party of the equipment  
and trained personnel used to recycle the generator’s hazardous secondary material.  
(V) If residuals are generated from the reclamation of the excluded hazardous  
secondary materials, the reclamation facility shall have the licenses required, if any, to  
manage the residuals. If the reclamation facility does not have the required licenses, the  
facility shall have a contract with an appropriately licensed facility to dispose of the  
residuals. If the reclamation facility does not have the required licenses or contracts, the  
hazardous secondary material generator shall alternatively have credible evidence that the  
residuals are managed in a manner that is protective of human health and the  
environment. In evaluating these requirements, the hazardous secondary material  
generator may rely on publicly available information from this state, the EPA, or  
information provided by the facility itself.  
(C) The hazardous secondary material generator shall maintain at the generating  
facility for not less than 3 years documentation and certification that reasonable efforts  
were made for each reclamation facility and, if applicable, intermediate facility where the  
management of the hazardous secondary material is not addressed under an operating  
license issued under these rules or by the interim status standards of part 6 of these rules  
before transferring hazardous secondary material. The documentation and certification  
must be made available on request by the department within 72 hours, or within a longer  
time period as approved by the department. The certification statement must include all  
the following information:  
(I) The printed and official title of an authorized representative of the hazardous  
secondary material generator company, the authorized representative’s signature, and the  
date signed.  
(II) The following language: "I hereby certify in good faith and to the best of my  
knowledge that, before arranging for transport of excluded hazardous secondary materials  
to [insert name(s) of reclamation facility and any intermediate facility], reasonable efforts  
were made in accordance with R 299.9204(1)(bb)(v)(B) to ensure that the hazardous  
secondary materials are recycled legitimately, and otherwise managed in a manner that is  
protective of human health and the environment, and that the efforts were based on  
current and accurate information."  
(D) The hazardous secondary material generator shall maintain at the generator  
facility for not less than 3 years records of all off-site shipments of hazardous secondary  
materials. For each shipment, these records must, at a minimum, contain all the  
following information:  
(I) The name of the transporter and date of the shipment.  
(II) The name and address of each reclaimer and, if applicable, the name and address  
of each intermediate facility to which the hazardous secondary material was sent.  
(III) The type and quantity of hazardous secondary material in the shipment.  
(E) The hazardous secondary material generator shall maintain for not less than  
3 years confirmations after receipt from each reclaimer and, if applicable, each  
intermediate facility for all off-site shipments of hazardous secondary materials.  
(F) The emergency preparedness and response requirements of R 299.9234.  
(vi) Reclaimers of hazardous secondary material excluded from regulation under this  
exclusion and intermediate facilities meet all the following conditions:  
52  
(A) The reclaimer and intermediate facility shall maintain at its facility for not less  
than 3 years records of all shipments of hazardous secondary material that were received  
at the facility and, if applicable, for all shipments of hazardous secondary material that  
were received and subsequently sent off-site from the facility for further reclamation. For  
each shipment, these records must, at a minimum, include the name of the transporter and  
date of the shipment, the name and address of the hazardous secondary material generator  
and, if applicable, the name and address of the reclaimer or intermediate facility which  
the hazardous secondary material was received from, the type and quantity of hazardous  
secondary material in the shipment, and for hazardous secondary materials that, after  
being received by the reclaimer or intermediate facility, were subsequently transferred  
off-site for further reclamation, the name and address of the subsequent reclaimer, and if  
applicable, the name and address of each intermediate facility to which the hazardous  
secondary material was sent.  
(B) The intermediate facility shall send the hazardous secondary material to the  
reclaimer or reclaimers designated by the hazardous secondary material generator.  
(C) The reclaimer and intermediate facility shall send the hazardous secondary  
material generator confirmations of receipt for all off-site shipments of hazardous  
secondary material. Confirmations of receipt must include the name and address of the  
reclaimer or intermediate facility, the type and quantity of hazardous secondary material  
received, and the date that the hazardous secondary material was received. This  
requirement may be satisfied by routine business records, such as financial records, bills  
of lading, copies of DOT shipping papers, or electronic confirmations of receipt.  
(D) The reclaimer and intermediate facility shall manage the hazardous secondary  
material in a manner that is at least as protective as that employed for analogous raw  
material and that is contained. As used in this subparagraph, "analogous raw material"  
means a raw material for which a hazardous secondary material is a substitute and serves  
the same function and has similar physical and chemical properties as the hazardous  
secondary material.  
(E) Any residuals that are generated from reclamation processes must be managed in a  
manner that is protective of human health and the environment. If any residuals exhibit a  
hazardous characteristic according to part 2 of these rules, or they themselves are  
specifically listed in part 2 of these rules, the residuals are hazardous waste and must be  
managed in accordance with the applicable requirements of these rules.  
(F) The reclaimer and intermediate facility shall have financial assurance as required  
under part 7 of these rules.  
(G) The reclaimer and intermediate facility shall have an operating license issued  
under these rules or comply with the interim status standards under part 6 of these rules  
that address the management of the hazardous secondary materials.  
(vii) All persons claiming the exclusion under this subdivision shall provide  
notification as required under 40 CFR 260.42.  
(cc) Hazardous secondary material that is generated and transferred to another person  
for remanufacturing if all the following requirements are met:  
(i) The hazardous secondary material consists of 1 or more of the following spent  
solvents:  
(A) Toluene.  
(B) Xylenes.  
53  
(C) Ethylbenzene.  
(D) 1,2,4-trimethylbenzene.  
(E) Chlorobenzene.  
(F) n-hexane.  
(G) Cyclohexane.  
(H) Methyl tert-butyl ether.  
(I) Acetonitrile.  
(J) Chloroform.  
(K) Chloromethane.  
(L) Dichloromethane.  
(M) Methyl isobutyl ketone.  
(N) NN-dimethylformamide.  
(O) Tetrahydrofuran.  
(P) n-butyl alcohol.  
(Q) Ethanol.  
(R) Methanol.  
(ii) The hazardous secondary material originated from using 1 or more of the solvents  
listed in paragraph (i) of this subdivision in a commercial grade for reacting, extracting,  
purifying, or blending chemicals, or for rinsing out the process lines associated with these  
functions, in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical  
manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or  
paints and coatings manufacturing (NAICS 325510) sectors.  
(iii) The hazardous secondary material generator sends the hazardous secondary  
material spent solvents listed in paragraph (i) of this subdivision to a remanufacturer in  
the pharmaceutical manufacturing (NAICS 325412), basic organic chemical  
manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or  
paints and coatings manufacturing (NAICS 325510) sectors.  
(iv) After manufacturing 1 or more of the solvents listed in paragraph (i) of this  
subdivision, the use of the remanufactured solvent is limited to reacting, extracting,  
purifying, or blending chemicals, or for rinsing out the process lines associated with these  
functions, in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical  
manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or  
paints and coatings manufacturing (NAICS 325510) sectors or to using them as  
ingredients in a product. These allowed uses correspond to chemical functional uses  
enumerated under the chemical data reporting rules of the toxic substances control act,  
15 USC 2601 to 2697, and 40 CFR parts 704, 710, and 711, including industrial function  
codes U015 (solvents consumed in a reaction to produce other chemicals and U030  
(solvents become part of the mixture).  
(v) After remanufacturing 1 or more of the solvents listed in paragraph (i) of this  
subdivision, the use of the remanufactured solvent does not involve cleaning or  
degreasing oil, grease, or similar material from textiles, glassware, metal surfaces or other  
articles. These disallowed continuing uses correspond to chemical functional uses in  
industrial function code U029 under the chemical data reporting rule of the toxic  
substances control act, 15 USC 2601 to 2697.  
(vi) Both the hazardous secondary material generator and the remanufacturer shall do  
all the following:  
54  
(A) Notify the EPA or the director and update the notification every 2 years under  
40 CFR 260.42.  
(B) Develop and maintain an up-to-date remanufacturing plan that identifies all the  
following:  
(I) The name, address, and site identification number of the generator and the  
remanufacturer.  
(II) The types and estimated annual volumes of spent solvents to be remanufactured.  
(III) The processes and industry sectors that generate the spent solvents.  
(IV) The specific uses and industry sectors for the remanufactured solvents.  
(V) A certification statement from the remanufacturer stating "On behalf of [insert  
remanufacturer facility name], I certify that this facility is a remanufacturer under  
pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing  
(NAICS 325199), plastics and resins manufacturing (NAICS 325211), or paints and  
coatings manufacturing (NAICS 325510) sectors, and will accept the spent solvents for  
the sole purpose of remanufacturing into commercial-grade solvents that are used for  
reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines  
associated with these functions, or for use as a product ingredient. I also certify that the  
remanufacturing equipment, vents, and tanks are equipped with and are operating air  
emission controls in compliance with the appropriate clean air act regulations under  
40 CFR parts 60, 61, or 63, or, absent such clean air act standards for the particular  
operation or piece of equipment covered by the remanufacturing exclusion, comply with  
the appropriate standards in 40 CFR part 261, subparts AA, BB, and CC."  
(C) Maintain records of shipments and confirmations of receipts for a period of  
3 years after the dates of the shipments.  
(D) Before remanufacturing, store the hazardous spent solvents in tanks or containers  
that meet the technical standards R 299.9233(1) and (2), with the tanks and containers  
being labeled or otherwise having immediately available record of the material being  
stored.  
(E) During remanufacturing, and during storage of the hazardous secondary material  
before remanufacturing, the remanufacturer certifies that the remanufacturing  
equipment, vents, and tanks are equipped with and are operating air emission controls in  
compliance with the appropriate clean air act regulations under 40 CFR parts 60, 61, or  
63, or, absent clean air act standards for the particular operation or piece of equipment  
covered by the remanufacturing exclusion, comply with the appropriate standards in  
40 CFR part 261, subparts AA, BB, and CC.  
(F) Meet the requirements prohibiting speculative accumulation under R 299.9107.  
(dd) Hazardous secondary material that is exported from the United States and  
reclaimed at a reclamation facility located in a foreign country is not a waste if the  
hazardous secondary material generator complies with the applicable requirements of  
subdivision (bb)(i) to (v) of this subrule, except subdivision(bb)(v)(B)(II)  
subdivision(bb)(v)(B)(II) for foreign reclaimers and foreign intermediate facilities, and  
all the following requirements:  
(i) Provides notification to the EPA of an intended export before the hazardous  
secondary material is scheduled to leave the United States. A complete notification must  
be submitted not less than 60 days before the initial shipment is intended to be shipped  
off-site. The notification may cover export activities extending over no more than a  
55  
12-month period. The notification must be in writing, signed by the hazardous secondary  
material generator, and include all the following information:  
(A) The name, mailing address, telephone number, and site identification number, if  
applicable, of the hazardous secondary material generator.  
(B) A description of the hazardous secondary material and the hazardous waste  
number that would apply if the hazardous secondary material was managed as a  
hazardous waste and the DOT proper shipping name, hazard class, and ID number  
(UN/NA) for each hazardous secondary material as identified in 49 CFR parts 171 to  
177.  
(C) The estimated frequency or rate at which the hazardous secondary material is to be  
exported and the time period over which the material is to be exported.  
(D) The estimated total quantity of hazardous secondary material.  
(E) All points of entry to and departure from each foreign country through which the  
hazardous secondary material will pass.  
(F) A description of how each shipment of hazardous secondary material will be  
transported, including the mode of transportation vehicle and the types of containers.  
(G) A description of how the hazardous secondary material will be reclaimed in the  
country of import.  
(H) The name and address of the reclaimer, any intermediate facility, and any alternate  
reclaimer and intermediate facilities.  
(I) The name of any countries of transit through which the hazardous secondary  
material will be sent and a description of the approximate length of time it will remain in  
the countries and the nature of its handling while there. For this provision, the terms  
"country of import" and "country of transit" have the same meanings as those terms as  
defined in 40 CFR 262.81, with the exception that the terms in this subparagraph refer to  
hazardous secondary materials, rather than hazardous waste.  
(ii) Notifications must be submitted electronically using the WIETS, or its successor  
system.  
(iii) Except for changes to the telephone number in paragraph (i)(A) of this subdivision  
and decreases in the quantity of hazardous secondary material indicated under paragraph  
(i)(D) of this subdivision, when the conditions specified on the original notification  
change, including any exceedance of the estimate of the quantity of hazardous secondary  
material specified in the original notification, the hazardous secondary material generator  
shall provide the EPA with written renotification of the change. The shipment cannot  
take place until consent of the country of import to the changes and in the ports of entry  
to and departure from countries of transit has been obtained and the hazardous secondary  
material generator receives from the EPA an Acknowledgment of Consent reflecting the  
country of import’s consent to the changes.  
(iv) On request by the EPA, the hazardous secondary material generator shall furnish  
to the EPA any additional information which a country of import requests to respond to a  
notification.  
(v) The EPA shall provide a complete notification to the country of import and any  
countries of transit. A notification is complete when the EPA receives a notification that  
the EPA determines satisfies the requirements of paragraph (i) of this subdivision. If a  
claim of confidentiality is asserted with respect to any notification information required  
by paragraph (i) of this subdivision, the EPA may find the notification not complete until  
56  
the claim is resolved under 40 CFR 260.2.  
(vi) The export of hazardous secondary material under this subdivision is prohibited  
unless the country of import consents to the intended import. When the country of import  
consents in writing to the receipt of the hazardous secondary material or withdraws a  
prior consent, the EPA shall notify the hazardous secondary material generator in writing.  
The EPA shall also notify the hazardous secondary material generator of any responses  
from the countries of transit.  
(vii) For exports to Organization for Economic Cooperation and Development (OECD)  
member countries, the receiving country may respond to the notification using tacit  
consent. If no objection has been lodged by any country of import or any country of  
transit to a notification provided under to paragraph (i) of this subdivision within 30 days  
after the date of issuance of the acknowledgement of receipt of notification by the  
competent authority of the country of import, the transboundary movement may  
commence. In these cases, the EPA shall send an EPA Acknowledgment of Consent to  
inform the hazardous secondary material generator that the country of import and any  
relevant countries of transit have not objected to the shipment and are therefore presumed  
to have consented tacitly. Tacit consent expires 1 calendar year after the close of the 30-  
day period. Renotification and renewal of all consents is required for exports after that  
date.  
(viii) A copy of the EPA Acknowledgement of Consent must accompany the shipment.  
The shipment must conform to the terms of the EPA Acknowledgement of Consent.  
(ix) If a shipment cannot be delivered for any reason to the reclaimer, intermediate  
facility, or the alternate reclaimer or alternate intermediate facility, the hazardous  
secondary material generator shall renotify the EPA of a change in the conditions of the  
original notification to allow shipment to a new reclaimer in accordance with paragraph  
(iii) of this subdivision and obtain another EPA Acknowledgement of Consent.  
(x) Hazardous secondary material generators shall keep a copy of each notification of  
intent to export and each EPA Acknowledgement of Consent for a period of not less than  
3 years after the date of receipt of the EPA Acknowledgement of Consent. This  
recordkeeping requirement may be satisfied by retaining electronically submitted  
notifications or electronically generated EPA Acknowledgements of Consent in the  
generator’s account on WIETS, provided the copies are readily available for viewing and  
production if requested by any EPA or authorized state inspector. A hazardous secondary  
material generator may not be held liable for the inability to produce a notification or  
EPA Acknowledgment of Consent for inspection under this paragraph if the generator  
can demonstrate that the inability to produce the copies are due exclusively to technical  
difficulty with WIETS for which the generator bears no responsibility.  
(xi) Hazardous secondary material generators shall file with the EPA no later than  
March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate  
destination of all hazardous secondary materials exported during the previous calendar  
year. Annual reports must be submitted electronically using WIETS. The reports must  
include all the following information:  
(A) The name, mailing and site addresses, and site identification number, if  
applicable, of the hazardous secondary material generator.  
(B) The calendar year covered by the report.  
(C) The name and site address of each reclaimer and intermediate facility.  
57  
(D) Organized by reclaimer and intermediate facility, for each hazardous secondary  
material exported, a description of the material and the hazardous waste number that  
would apply if the material was managed as a hazardous waste, the DOT hazard class, the  
name and site identification number, if applicable, for each transporter used, the total  
amount material shipped, and the number of shipments under each notification.  
(E) A certification signed by the hazardous secondary material generator that states:  
"I certify under penalty of law that I have personally examined and am familiar with the  
information submitted in this and all attached documents, and that based on my inquiry of  
those individuals immediately responsible for obtaining the information, I believe that the  
submitted information is true, accurate, and complete. I am aware that there are  
significant penalties for submitting false information including the possibility of fine and  
imprisonment."  
(xii) All persons claiming an exclusion under this subdivision shall provide notification  
as required by 40 CFR 260.42.  
(2) The following wastes are not hazardous wastes under part 111 and these rules:  
(a) Household waste, including household waste that has been collected, transported,  
stored, treated, disposed of, recovered, or reused. Household waste means any waste  
material, including garbage, trash, and sanitary wastes in septic tanks, that is derived  
from households, including single and multiple residences, hotels and motels,  
bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use  
recreation areas. A resource recovery facility that manages municipal waste is not  
considered to be treating, storing, disposing of, or otherwise managing hazardous wastes  
for regulation under these rules if the facility complies with both of the following  
provisions:  
(i) Receives and burns only household waste from single and multiple dwellings,  
hotels, motels, and other residential sources and waste from commercial or industrial  
sources that does not contain hazardous waste.  
(ii) Does not accept hazardous wastes and the owner or operator of the facility has  
established contractual requirements or other appropriate notification or inspection  
procedures to ensure that hazardous wastes are not received at or burned in the facility.  
(b) Wastes that are generated by either of the following and that are returned to the soil  
as fertilizers:  
(i) The growing and harvesting of agricultural crops.  
(ii) The raising of animals, including animal manures.  
(c) Mining overburden that is returned to the mine site.  
(d) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste  
that is generated primarily from the combustion of coal or other fossil fuels, except as  
provided by 40 CFR 266.112 for facilities that burn or process hazardous waste.  
(e) The following wastes that are generated primarily from processes that support the  
combustion of coal or other fossil fuels that are co-disposed with the wastes in  
subdivision (d) of this subrule, except as provided by 40 CFR 266.112 for facilities that  
burn or process hazardous waste:  
(i) Coal pile run-off, which means any precipitation that drains off of coal piles.  
(ii) Boiler cleaning solutions, which means water solutions and chemical solutions  
used to clean the fireside and water-side of the boiler.  
(iii) Boiler blowdown, which means water purged from boilers used to generate steam.  
58  
(iv) Process water treatment and demineralizer regeneration wastes, which means  
sludges, rinses, and spent resins generated from processes to remove dissolved gases,  
suspended solids, and dissolved chemical salts from combustion system process water.  
(v) Cooling tower blowdown, which means water purged from a closed cycle cooling  
system. Closed cycle cooling systems include cooling towers, cooling ponds, or spray  
canals.  
(vi) Air heater and precipitator washes, which means wastes from cleaning air  
preheaters and electrostatic precipitators.  
(vii) Effluents from floor and yard drains and sumps, which means wastewaters, such  
as wash water, collected by or from floor drains, equipment drains, and sumps located  
inside the power plant building; and wastewaters, such as rain runoff, collected by yard  
drains and sumps located outside the power plant.  
(viii) Wastewater treatment sludges, which mean sludges that are generated from the  
treatment of wastewaters specified in paragraphs (i) to (vi) of this subdivision.  
(f) Drilling fluids, produced waters, and other wastes that are associated with the  
exploration, development, or production of crude oil, natural gas, or geothermal energy.  
(g) Wastes that fail the test for the toxicity characteristic because chromium is present  
or wastes that are listed in R 299.9213 or R 299.9214 due to the presence of chromium,  
that do not fail the test for the toxicity characteristic for another constituent or are not  
listed due to the presence of another constituent, and that do not fail the test for another  
characteristic, if it is shown by a waste generator or by waste generators that all the  
following provisions are met:  
(i) The chromium in the waste is exclusively, or nearly exclusively, trivalent  
chromium.  
(ii) The waste is generated from an industrial process that uses trivalent chromium  
exclusively, or nearly exclusively, and the process does not generate hexavalent  
chromium.  
(iii) The waste is typically and frequently managed in nonoxidizing environments.  
(h) The specific wastes that meet the standards in subdivision (g) of this subrule, if the  
wastes do not fail the test for the toxicity characteristic for another constituent and do not  
fail the test for another characteristic, include the following:  
(i) Chrome (blue) trimmings generated by any of the following subcategories of the  
leather tanning and finishing industry:  
(A) Hair pulp/chrome, tan/retan/wet finish.  
(B) Hair save/chrome, tan/retan/wet finish.  
(C) Retan/wet finish.  
(D) No beam houses.  
(E) Through-the-blue.  
(F) Shearling.  
(ii) Chrome (blue) shavings generated by any of the following subcategories of the  
leather tanning and finishing industry:  
(A) Hair pulp/chrome, tan/retan/wet finish.  
(B) Hair save/chrome, tan/retan/wet finish.  
(C) Retan/wet finish.  
(D) No beam house.  
(E) Through-the-blue.  
59  
(F) Shearling.  
(iii) Buffing dust generated by any of the following subcategories of the leather  
tanning and finishing industry:  
(A) Hair pulp/chrome, tan/retan/wet finish.  
(B) Hair save/chrome, tan/retan/wet finish.  
(C) Retan/wet finish.  
(D) No beamhouse.  
(E) Through-the-blue.  
(iv) Sewer screenings generated by any of the following subcategories of the leather  
tanning and finishing industry:  
(A) Hair pulp/chrome, tan/retan/wet finish.  
(B) Hair save/chrome, tan/retan/wet finish.  
(C) Retan/wet finish.  
(D) No beamhouse.  
(E) Through-the-blue.  
(F) Shearling.  
(v) Wastewater treatment sludges generated by any of the following subcategories of  
the leather tanning and finishing industry:  
(A) Hair pulp/chrome, tan/retan/wet finish.  
(B) Hair save/chrome, tan/retan wet finish.  
(C) Retan/wet finish.  
(D) No beamhouse.  
(E) Through-the-blue.  
(F) Shearling.  
(vi) Wastewater treatment sludges generated by any of the following subcategories of  
the leather tanning and finishing industry:  
(A) Hair pulp/chrome, tan/retan/wet finish.  
(B) Hair save/chrome, tan/retan/wet finish.  
(C) Through-the-blue.  
(vii) Waste scrap leather from the leather tanning industry, the shoe manufacturing  
industry, and other leather product manufacturing industries, including waste scrap  
leather from automotive seat design activities.  
(viii) Wastewater treatment sludges from the production of Ti02 pigment using  
chromium-bearing ores by the chloride process.  
(ix) Ink generated by the USPS in its automated facer canceled systems.  
(x) Boiler chemical cleaning waste from electric utility boiler maintenance using water  
and tetra ammonium ethylene diamine tetra acetic acid, which is also known as  
ammoniated EDTA.  
(xi) Waste leather personal protective equipment manufactured by the leather tanning  
industry, shoe manufacturing industry, or other leather product industries, such as  
footwear, gloves, jackets, or aprons, if the chromium concentration in the waste is  
comparable to the chromium concentration in equipment before use.  
(i) Waste from the extraction, beneficiation, and processing of ores and minerals,  
including coal, phosphate rock, and overburden from the mining of uranium ore, except  
as provided in 40 CFR 266.112 for facilities that burn or process hazardous waste. As  
used in this subdivision, the following provisions apply:  
60  
(i) Beneficiation of ores and minerals is restricted to the following activities: crushing;  
grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying;  
sintering; pelletizing; briqueting; calcining to remove water or carbon dioxide, or both;  
roasting, autoclaving, or chlorination, or any combination thereof, in preparation for  
leaching, except where the roasting/leaching or autoclaving/leaching or  
chlorination/leaching sequence produces a final or intermediate product that does not  
undergo further beneficiation or processing; gravity concentration; magnetic separation;  
electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning;  
precipitation; amalgamation; and heap, dump, vat, tank, and in-situ leaching.  
(ii) Waste from the processing of ores and minerals must include only the following  
wastes as generated:  
(A) Slag from primary copper processing.  
(B) Slag from primary lead processing.  
(C) Red and brown muds from bauxite refining.  
(D) Phosphogypsum from phosphoric acid production.  
(E) Slag from elemental phosphorus production.  
(F) Gasifier ash from coal gasification.  
(G) Process wastewater from coal gasification.  
(H) Calcium sulfate wastewater treatment plant sludge from primary copper  
processing.  
(I) Slag tailings from primary copper processing.  
(J) Fluorogypsum from hydrofluoric acid production.  
(K) Process wastewater from hydrofluoric acid production.  
(L) Air pollution control dust/sludge from iron blast furnaces.  
(M) Iron blast furnace slag.  
(N) Treated residue from roasting/leaching of chrome ore.  
(O) Process wastewater from primary magnesium processing by the anhydrous  
process.  
(P) Process wastewater from phosphoric acid production.  
(Q) Basic oxygen furnace and open-hearth furnace air pollution control dust/sludge  
from carbon steel production.  
(R) Basic oxygen furnace and open-hearth furnace slag from carbon steel production.  
(S) Chloride process waste solids from titanium tetrachloride production.  
(T) Slag from primary zinc processing.  
(iii) Residues derived from co-processing mineral processing secondary materials with  
normal beneficiation raw materials or with normal mineral processing raw materials  
remain excluded under this subrule if the owner or operator meets both of the following  
requirements:  
(A) Processes not less than 50% by weight normal beneficiation raw materials or  
normal mineral processing raw materials.  
(B) Legitimately reclaims the secondary mineral processing materials.  
(j) Mixtures of a waste that is excluded from regulation under subdivision (i) of this  
subrule and another waste that exhibits a hazardous waste characteristic under  
R 299.9212 and that is not listed under R 299.9213 or R 299.9214, so that the resultant  
mixture does not exhibit any hazardous waste characteristic that would have been  
exhibited by the non-excluded waste alone if the mixture had not occurred.  
61  
(k) Cement kiln dust waste, except as provided in 40 CFR 266.112 for facilities that  
burn or process hazardous waste.  
(l) Waste that consists of discarded arsenical-treated wood or wood products, that fails  
the test for the toxicity characteristic for hazardous waste numbers D004 to D017 and that  
is not a hazardous waste for another reason, if the waste is generated by persons that  
utilize the arsenical-treated wood and wood products for these materials' intended end  
use.  
(m) Petroleum-contaminated media and debris that fail the test for the toxicity  
characteristic under R 299.9212 for hazardous waste numbers D018 to D043 only and are  
subject to the corrective action regulations under 40 CFR part 280.  
(n) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment,  
including mobile air conditioning systems, mobile refrigeration, and commercial and  
industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the  
heat transfer fluid in a refrigeration cycle, if the refrigerant is reclaimed for further use.  
(o) Non-terne plated used oil filters that are not mixed with wastes that are identified in  
R 299.9213 or R 299.9214, or both, if the oil filters have been gravity hot-drained using 1  
of the following methods:  
(i) Puncturing the filter anti-drain back valve or the filter dome end and hot-draining.  
(ii) Hot-draining and crushing.  
(iii) Dismantling and hot-draining.  
(iv) Another equivalent hot-draining method that removes used oil.  
(p) Leachate or gas condensate collected from landfills where certain wastes have been  
disposed of if all the following requirements are met:  
(i) The wastes disposed would meet 1 or more of the listing descriptions for hazardous  
waste numbers K169, K170, K171, K172, K174, K175, K176, K177, K178, and K181 if  
these wastes had been generated after the effective date of the listing.  
(ii) The wastes described in paragraph (i) of this subdivision were disposed before the  
effective date of the listing.  
(iii) The leachate or gas condensate do not exhibit any characteristic of a hazardous  
waste and are not derived from another listed hazardous waste.  
(iv) The discharge of the leachate or gas condensate, including leachate or gas  
condensate transferred from the landfill to a publicly owned treatment works by truck,  
rail, or dedicated pipe, is subject to regulations under section 307(b) or 402 of the federal  
clean water act, 33 USC 1317 or 1342.  
(v) As of February 13, 2001, leachate or gas condensate derived from K169, K170,  
K171, and K172 is no longer exempt if it is stored or managed in a surface impoundment  
before discharge. As of November 21, 2003, leachate or gas condensate derived from  
K176, K177, or K178 is no longer exempt if it is stored or managed in a surface  
impoundment before discharge. After February 26, 2007, leachate or gas condensate  
derived from K181 is no longer exempt if it is stored or managed in a surface  
impoundment before discharge unless the surface impoundment meets both of the  
following requirements:  
(A) The surface impoundment is used to temporarily store leachate or gas condensate  
in response to an emergency situation.  
(B) The surface impoundment has a double liner, and the leachate or gas condensate is  
removed from the impoundment and continues to be managed in compliance with the  
62  
conditions of this subdivision after the emergency ends.  
(q) Solvent-contaminated wipes, except for wipes that are hazardous waste due to the  
presence of trichloroethylene, that are sent for disposal are not hazardous waste at the  
point of generation if all the following requirements are met:  
(i) The wipes, when accumulated, stored, and transported, are contained in  
non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes."  
The containers must be able to contain free liquids if free liquids occur. During  
accumulation, a container is considered closed if there is complete contact between the  
fitted lid and the rim, except when it is necessary to add or remove wipes. If the  
container is full, the wipes are no longer being accumulated, or the container is being  
transported, the container must be sealed with all lids properly and securely affixed to the  
container and all openings tightly bound or closed sufficiently to prevent leaks and  
emissions.  
(ii) The wipes must not be accumulated by the generator for more than 180 days after  
the start date of accumulation for each container before being sent for disposal.  
(iii) At the point of being transported for disposal, the wipes contain no free liquids.  
(iv) Free liquids removed from the wipes or from the container holding the wipes must  
be managed in accordance with these rules.  
(v) Generators shall maintain at their site all the following:  
(A) The name and address of the landfill or combustor that is receiving the wipes.  
(B) Documentation that the 180-day accumulation time limit in paragraph (ii) of this  
subdivision is being met.  
(C) A description of the process the generator is using to ensure that the wipes contain  
no free liquids at the point of being transported for disposal.  
(vi) The wipes are sent for disposal to any of the following:  
(A) A municipal solid waste landfill regulated under part 115.  
(B) A municipal solid waste landfill regulated under 40 CFR part 258.  
(C) A hazardous waste landfill regulated under these rules.  
(D) A hazardous waste landfill regulated under 40 CFR part 264 or 265.  
(E) A municipal waste combustor or other combustion facility regulated under  
section 129 of the clean air act, 42 USC 7429.  
(F) A hazardous waste combustor, boiler, or industrial furnace regulated under these  
rules.  
(G) A hazardous waste combustor, boiler, or industrial furnace regulated under  
40 CFR part 264, 265, or 266, subpart H.  
(3) The following hazardous wastes are not subject to regulation under parts 3 to 10 of  
these rules:  
(a) A hazardous waste that is generated in a product or raw material storage tank, a  
product or raw material transport vehicle or vessel, a product or raw material pipeline, or  
a manufacturing process unit or an associated nonwaste treatment manufacturing unit.  
This exemption does not apply in any of the following circumstances:  
(i) Once the waste exits the unit in which it was generated.  
(ii) If the unit is a surface impoundment.  
(iii) If the hazardous waste remains in the unit more than 90 days after the unit ceases  
to be operated for the manufacturing, storage, or transportation of product or raw  
materials.  
63  
(b) Waste pesticides and pesticide residues that are generated by a farmer from the  
farmer’s own use and that are hazardous wastes if the pesticide residues are disposed of  
on the farmer's own farm in a manner that is consistent with the disposal instructions on  
the pesticide container label and if the farmer empties or cleans each pesticide container  
under R 299.9207.  
(4) Except as provided in subrule (5) of this rule, a sample of waste or a sample of  
water, soil, or air that is collected for the sole purpose of testing to determine its  
characteristics or composition is not subject to part 111 and these rules if the following  
provisions are met:  
(a) The sample meets 1 of the following provisions:  
(i) The sample is being transported to a laboratory for testing.  
(ii) The sample is being transported back to the sample collector after testing.  
(iii) The sample is being stored by the sample collector before transport to a laboratory  
for testing.  
(iv) The sample is being stored in a laboratory before testing.  
(v) The sample is being stored in a laboratory after testing but before it is returned to  
the sample collector.  
(vi) The sample is being stored temporarily in the laboratory after testing for a specific  
purpose, such as until conclusion of a court case or enforcement action where further  
testing of the sample might be necessary.  
(b) A sample collector that ships samples to a laboratory and a laboratory that returns  
samples to a sample collector shall comply with DOT, USPS, or another applicable  
shipping requirements. The sample collector shall only ship a volume that is necessary  
for testing and analysis and, if the sample collector determines that DOT, USPS, or other  
shipping requirements do not apply to the shipment of the sample, the sample collector  
shall package the sample so that it does not leak, spill, or vaporize from its packaging and  
ensure that all the following information accompanies the sample:  
(i) The sample collector's name, mailing address, and telephone number.  
(ii) The laboratory's name, mailing address, and telephone number.  
(iii) The quantity of the sample.  
(iv) The date of shipment.  
(v) A description of the sample.  
(c) The mass of a sample that is exported to a foreign laboratory or that is imported to a  
United States laboratory from a foreign source does not exceed 25 kilograms.  
(5) The exemption specified in subrule (4) of this rule does not apply if the laboratory  
determines that the waste is hazardous, but the laboratory is no longer in compliance with  
any of the conditions in subrule (4)(a) of this rule.  
(6) Persons that generate or collect samples for conducting treatability studies are not  
subject to the requirements of parts 2, 3, and 4 of these rules or the notification  
requirements of section 3010 of RCRA, 42 USC 6930, and the samples are not included  
in the quantity determinations specified in R 299.9303 when the sample is being collected  
and prepared for transportation by the generator or sample collector, the sample is being  
accumulated or stored by the generator or sample collector before transportation to a  
laboratory or testing facility, or the sample is being transported to a laboratory or testing  
facility for conducting a treatability study. The exemption specified in this subrule  
applies to samples of hazardous waste that are being collected and shipped for conducting  
64  
treatability studies if all the following provisions are met:  
(a) The generator or sample collector does not use more than 10,000 kilograms of  
media that is contaminated with nonacute hazardous waste, 1,000 kilograms of any  
nonacute hazardous waste other than contaminated media, 1 kilogram of acute or  
severely toxic hazardous waste, or 2,500 kilograms of media that is contaminated with  
acute or severely toxic hazardous waste for each process that is being evaluated for each  
generated waste stream in a treatability study.  
(b) The mass of each sample shipment is not more than 10,000 kilograms. The  
10,000-kilograms quantity may be all media contaminated with nonacute hazardous  
waste or may include 2,500 kilograms of media contaminated with acute or severely toxic  
hazardous waste, 1,000 kilograms of nonacute hazardous waste, and 1 kilogram of acute  
or severely toxic hazardous waste.  
(c) The sample must be packaged and transported so that it will not leak, spill, or  
vaporize from its packaging during shipment and so that either of the following  
requirements are met:  
(i) The transportation of each sample shipment complies with DOT, USPS, or another  
applicable shipping requirement.  
(ii) If the DOT, USPS, or other shipping requirements do not apply to the shipment of  
the sample, all the following information must accompany the sample:  
(A) The name, mailing address, and telephone number of the originator of the sample.  
(B) The name, address, and telephone number of the facility that will perform the  
treatability study.  
(C) The quantity of the sample.  
(D) The date of the shipment.  
(E) A description of the sample, including its hazardous waste number.  
(d) The sample is shipped to a laboratory or testing facility that is exempt under  
subrule (9) of this rule or has an appropriate RCRA permit, state hazardous waste  
operating license, or interim status.  
(e) The generator or sample collector maintains all the following records for 3 years  
after completion of the treatability study:  
(i) Copies of the shipping documents.  
(ii) A copy of the contract with the facility that conducts the treatability study.  
(iii) Documentation that shows all the following information:  
(A) The amount of waste that is shipped under this exemption.  
(B) The name, address, and site identification number of the laboratory or testing  
facility that received the waste.  
(C) The date the shipment was made.  
(D) If unused samples and residues were returned to the generator.  
(f) The generator reports the information required under subdivision (e)(iii) of this  
subrule as part of the data referenced in R 299.9312(1).  
(g) The mass of a sample that is exported to a foreign laboratory or that is imported to a  
United States laboratory from a foreign source does not exceed 25 kilograms.  
(7) The director may grant requests on a case-by-case basis for up to an additional  
2 years for treatability studies involving bioremediation. The director may grant requests  
on a case-by-case basis for quantity limits in excess of those specified in subrules (6)(a)  
and (b) and (9)(d) of this rule for up to an additional 5,000 kilograms of media  
65  
contaminated with nonacute hazardous waste, 500 kilograms of nonacute hazardous  
waste, 2,500 kilograms of media contaminated with acute or severely toxic hazardous  
waste, and 1 kilogram of acute or severely toxic hazardous waste. A request may be  
granted in response to 1 or both of the following requests:  
(a) A request for authorization to ship, store, and conduct treatability studies on,  
additional quantities in advance of commencing treatability studies. The director shall  
consider all the following factors in determining whether to grant the request:  
(i) The nature of the technology.  
(ii) The type of process.  
(iii) The size of the unit undergoing testing, particularly in relation to scale-up  
considerations.  
(iv) The time and quantity of material required to reach steady state operating  
conditions.  
(v) Test design considerations such as mass balance calculations.  
(b) A request for authorization to ship, store, and conduct treatability studies on,  
additional quantities after initiation or completion of initial treatability studies when any  
of the following occur:  
(i) There has been an equipment or mechanical failure during the conduct of a  
treatability study.  
(ii) There is a need to verify the results of a previously conducted treatability study.  
(iii) There is a need to study and analyze alternative techniques within a previously  
evaluated treatment process.  
(iv) There is a need to do further evaluation of an ongoing treatability study to  
determine final specifications for treatment.  
(8) The additional quantities and time frames allowed under subrule (7) of this rule are  
subject to this rule. The generator or sample collector shall apply to the director and shall  
provide, in writing, all the following information:  
(a) The reason why the generator or sample collector requires an additional quantity of  
the sample or time for the treatability study evaluation and the additional quantity or time  
needed.  
(b) Documentation accounting for all samples of hazardous waste from the waste  
stream that have been sent for or undergone treatability studies, including all the  
following information:  
(i) The date that each previous sample from the waste stream was shipped.  
(ii) The sample quantity of each previous shipment.  
(iii) The laboratory or testing facility to which the sample was shipped.  
(iv) What treatability study processes were conducted on each sample shipped.  
(v) The available results of each treatability study.  
(c) A description of the technical modifications or change in specifications that will be  
evaluated and the expected results.  
(d) If further study is being required due to equipment or mechanical failure, the  
applicant shall include information regarding the reason for the failure and a description  
of what procedures were established, or what equipment improvements have been made,  
to protect against further equipment or mechanical failure.  
(e) Other information that the director considers necessary.  
(9) Samples that undergo treatability studies and the laboratory or testing facility that  
66  
conducts the treatability studies, to the extent the facilities are not otherwise subject to the  
requirements of part 111 or these rules, are not subject to any of the requirements of these  
rules or to the notification requirements of section 3010 of RCRA, 42 USC 6930, if the  
conditions of this subrule are met. A mobile treatment unit may qualify as a testing  
facility subject to this subrule. If a group of mobile treatment units is located at the same  
site, the limitations specified in this subrule apply to the entire group of mobile treatment  
units collectively as if the group were 1 mobile treatment unit. The conditions are as  
follows:  
(a) Not less than 45 days before conducting treatability studies, the facility shall notify  
the director, in writing, that it intends to conduct treatability studies under this rule.  
(b) The laboratory or testing facility that conducts the treatability study has a site  
identification number.  
(c) Not more than a total of 10,000 kilograms of as received media contaminated with  
nonacute hazardous waste, 2,500 kilograms of media contaminated with acute or severely  
toxic hazardous waste, or 250 kilograms of other as received hazardous waste is  
subjected to the initiation of treatment in all treatability studies in any single day. As  
received hazardous waste refers to waste as received in the shipment from the generator  
or sample collector.  
(d) The quantity of as received hazardous waste that is stored at the facility for  
evaluation in treatability studies is not more than 10,000 kilograms, the total of which  
may include 10,000 kilograms of media contaminated with nonacute hazardous waste,  
2,500 kilograms of media contaminated with acute or severely toxic hazardous waste,  
1,000 kilograms of nonacute hazardous waste other than contaminated media, and  
1 kilogram of acute or severely toxic hazardous waste. The quantity limitation does not  
include treatment materials, including nonhazardous waste, that are added to as received  
hazardous waste.  
(e) Not more than 90 days have elapsed since the treatability study for the sample was  
completed, or not more than 1 year, or 2 years for treatability studies involving  
bioremediation, has elapsed since the generator or sample collector shipped the sample to  
the laboratory or testing facility, whichever date occurs first.  
(f) The treatability study does not involve the placement of hazardous waste on the land  
or the open burning of hazardous waste.  
(g) The facility maintains records, for 3 years following completion of each study, that  
show compliance with the treatment rate limits, storage time, and quantity limits. All the  
following specific information must be included for each treatability study that is  
conducted:  
(i) The name, address, and site identification number of the generator or sample  
collector of each waste sample.  
(ii) The date the shipment was received.  
(iii) The quantity of waste accepted.  
(iv) The quantity of as received waste in storage each day.  
(v) The date the treatment study was initiated and the amount of as received waste  
introduced to treatment each day.  
(vi) The date the treatability study was concluded.  
(vii) The date any unused sample or residues generated from the treatability study were  
returned to the generator or sample collector or, if sent to a designated facility, the name  
67  
of the facility and the site identification number.  
(h) The facility keeps, on-site, a copy of the treatability study contract and all shipping  
papers associated with the transport of treatability study samples to and from the facility  
for a period ending 3 years after the completion date of each treatability study.  
(i) The facility prepares and submits a report to the director by March 15 of each year  
that includes all the following information for the previous calendar year:  
(i) The name, address, and site identification number of the facility conducting the  
treatability studies.  
(ii) The types, by process, of treatability studies conducted.  
(iii) The names and addresses of persons for whom studies have been conducted,  
including their site identification numbers.  
(iv) The total quantity of waste in storage each day.  
(v) The total quantity and types of waste subjected to treatability studies.  
(vi) When each treatability study was conducted.  
(vii) The final disposition of residues and unused sample from each treatability study.  
(j) The facility determines if any unused sample or residues generated by the treatability  
study are hazardous waste under R 299.9203 and, if so, are subject to these rules, unless  
the residues and unused samples are returned to the sample originator under the  
exemption in subrule (6) of this rule.  
(k) The facility notifies the director, by letter, when the facility is no longer planning to  
conduct any treatability studies at the site.  
(10) The disposal of PCB-containing dielectric fluid and electric equipment that  
contains the fluid as authorized for use and as regulated under 40 CFR part 761 and fluid  
and equipment that are hazardous only because they fail the test for the toxicity  
characteristic for hazardous waste numbers D018 to D043 are not subject to regulation  
under parts 2 to 7, 9, and 10 of these rules.  
(11) Dredged material, as that term is defined in 40 CFR 232.2, that is subject to the  
requirements of a permit that has been issued under section 404 of the federal clean water  
act, 33 USC 1344, or section 103 of the marine protection, research, and sanctuaries act  
of 1972, 33 USC 1413, is not a hazardous waste for under part 111 and these rules. For  
this exemption, "permit" means any of the following:  
(a) A permit issued by the United States Army Corps of Engineers or an approved state  
under section 404 of the federal clean water act, 33 USC 1344.  
(b) A permit issued by the United States Army Corps of Engineers under section 103 of  
the marine protection, research, and sanctuaries act of 1972, 33 USC 1413.  
(c) In the case of United States Army Corps of Engineers civil works projects, the  
administrative equivalent of the permits referred to in subdivisions (a) and (b) of this  
subrule, as provided for in the United States Army Corps of Engineers regulations.  
(12) Carbon dioxide streams that are captured and transported for injection into an  
underground injection well subject to the requirements for class VI underground injection  
control wells, including the requirements of 40 CFR parts 144 and 146 and the  
underground injection control program under act 399, are not a hazardous waste if all the  
following requirements are met:  
(a) Transportation of the carbon dioxide stream must comply with all the following  
DOT requirements:  
(i) The pipeline safety laws under 49 USC 60101 to 60141.  
68  
(ii) The pipeline safety regulations under 49 CFR parts 190 to 199.  
(iii) The pipeline safety regulations adopted and administered by a state authority  
under a certification under 49 USC 60105, as applicable.  
(b) Injection of the carbon dioxide stream must comply with the applicable  
requirements for class VI underground injection control wells, including the applicable  
requirements of 40 CFR parts 144 and 146.  
(c) No hazardous waste is mixed with, or otherwise co-injected with, the carbon dioxide  
stream.  
(d) Any generator of a carbon dioxide stream that claims that a stream is excluded  
under this subrule shall sign, or have an authorized representative sign, a certification  
statement worded in accordance with 40 CFR 261.4(h)(4)(i).  
(e) Any class VI underground injection control well owner or operator that claims that a  
carbon dioxide stream is excluded under this subrule shall sign, or have an authorized  
representative sign, a certification statement worded in accordance with  
40 CFR 261.4(h)(4)(ii).  
(f) The signed certification statements referenced in subdivisions (d) and (e) of this  
subrule must be maintained on-site for not less than 3 years. The statements must be  
made available within 72 hours after a written request from the director. The statements  
must be renewed every year that the exclusion is claimed by having the generator or the  
owner or operator, or their authorized representative, annually prepare and sign a new  
copy of the statement within 1 year after the date of the previous statement. The  
statements must also be readily accessible on the generator and owner or operator’s  
publicly available website, if one exists, as a public notification with the title of "Carbon  
Dioxide Stream Certification" when the exclusion is claimed.  
(13) Airbag waste at the airbag waste handler or during transport to an airbag waste  
collection facility or designated facility is not subject to regulation under parts 2 to 7, 9,  
and 10 of these rules if all the following requirements are met:  
(a) The airbag waste is accumulated in a quantity of not more than 250 airbag modules  
or airbag inflators.  
(b) The airbag waste is accumulated for not more than 180 days.  
(c) The airbag waste is packaged in a container designed to address the risk posted by  
the airbag waste and labelled "Airbag Waste - Do Not Reuse".  
(d) The airbag waste is sent directly to either of the following:  
(i) An airbag waste collection facility in the United States under the control of a  
vehicle manufacturer or the vehicle manufacturer’s authorized representative, or under  
the control of an authorized individual administering a remedy program in response to a  
recall under the National Highway Traffic Safety Administration.  
(ii) A designated facility.  
(e) The transport of the airbag waste complies with all applicable DOT regulations in  
49 CFR parts 171 to 180 during transit.  
(f) The airbag waste handler maintains at the handler facility for not less than 3 years  
records of all off-site shipments of airbag waste and all confirmations of receipt from the  
receiving facility. The shipping records and confirmations of receipt must contain the  
following information, which may be satisfied by routine business records such as  
electronic or paper financial records, bills of lading, copies of DOT shipping papers, or  
electronic confirmations of receipt, and made available for inspection:  
69  
(i) For each shipment, at a minimum, all the following:  
(A) The name of the transporter.  
(B) The date of the shipment.  
(C) The name and address of receiving facility.  
(D) Whether the airbag waste are modules or inflators and the quantity of each type of  
waste.  
(ii) For each shipment, the confirmations of receipt must include all the following:  
(A)The name and address of the receiving facility.  
(B) Whether the airbag waste are modules or inflators and the quantity of each type of  
waste received.  
(C) The date the airbag waste was received.  
(14) Once the airbag waste arrives at an airbag waste collection facility or designated  
facility, the airbag waste is subject to all applicable provisions of these rules, and the  
facility receiving the airbag waste is considered the hazardous waste generator under these  
rules and shall comply with part 3 of these rules.  
(15) The reuse in vehicles of defective airbag modules or airbag inflators subject to a  
recall under the National Highway Traffic Safety Administration must be considered sham  
recycling and is prohibited under R 299.9107(w) and R 299.9202(1)(a).  
(16) 40 CFR 261.4(h)(4)(i) and (ii), part 144, part 146, part 280, and part 761, and  
49 CFR parts, 171 to 180 and 190 to 199 are adopted by reference in R 299.11003 and  
R 299.11004.  
R 299.9206 Requirements for recyclable materials.  
Rule 206. (1) Except as provided in subrules (2) to (6) of this rule, recyclable materials  
are subject to all the following requirements:  
(a) Generators and transporters of recyclable materials are subject to the applicable  
requirements of parts 3 and 4 of these rules.  
(b) Owners or operators of facilities that store recyclable materials before they are  
recycled are regulated under all applicable provisions of parts 5, 6, 7, and 8 of these rules.  
The recycling process itself is exempt from regulation, except as provided in subdivision  
(d) of this subrule.  
(c) Owners or operators of facilities that recycle recyclable materials without storing  
them before they are recycled are subject to the identification number requirements of  
40 CFR 264.11, the manifest requirements of R 299.9608, and the reporting requirements  
of R 299.9610. The recycling process itself is exempt from regulation, except as  
provided in subdivision (d) of this subrule.  
(d) A hazardous waste management unit in which recyclable materials are recycled is  
subject to the requirements of 40 CFR part 265, subparts AA and BB if the unit is located  
at a facility that is described in R 299.9601(3)(a) or (b), or the requirements of  
R 299.9630 and R 299.9631 if the unit is located at a facility subject to the licensing  
requirements specified in part 111 and part 5 of these rules.  
(2) The following recyclable materials are not subject to the requirements of this rule,  
but are regulated under the applicable provisions of parts 5 and 8 of these rules:  
(a) Recyclable materials used in a manner that constitutes disposal.  
(b) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that  
are not regulated as incinerators under part 6 of these rules.  
70  
(c) Recyclable materials from which precious metals are reclaimed.  
(d) Spent lead-acid batteries that are being reclaimed.  
(3) The following recyclable materials are not subject to regulation under part 111 or  
these rules, except for the environmental and human health standards of R 299.9602 and  
R 299.9809 to R 299.9816, as applicable:  
(a) Industrial ethyl alcohol that is reclaimed except that exports and imports of the  
recyclable materials must comply with the requirements of R 299.9314.  
(b) Scrap metal that is not excluded under R 299.9204(1)(p).  
(c) Fuels produced from the refining of oil-bearing hazardous wastes together with  
normal process streams at a petroleum refining facility if the wastes result from normal  
petroleum refining, production, and transportation practices. This exemption does not  
apply to fuels produced from oil recovered from oil-bearing hazardous waste if the  
recovered oil is already excluded under R 299.9204(1)(l).  
(d) Hazardous waste fuel that is produced from oil-bearing hazardous wastes from  
petroleum refining, production, or transportation practices or that is produced from oil  
that is reclaimed from the hazardous wastes, if the hazardous wastes are reintroduced into  
a process that does not use distillation or does not produce products from crude oil if the  
resulting fuel complies with the used oil specification in R 299.9809(1)(f) and if other  
hazardous wastes are not used to produce the hazardous waste fuel.  
(e) Hazardous waste fuel that is produced from oil-bearing hazardous waste that results  
from petroleum refining production and transportation practices if the hazardous wastes  
are reintroduced into a refining process after a point at which contaminants are removed  
and if the fuel complies with the used oil fuel specification in R 299.9809(1)(f).  
(f) Oil that is reclaimed from oil-bearing hazardous wastes that result from petroleum  
refining, production, and transportation practices, which reclaimed oil is burned as a fuel  
without reintroduction to a refining process, if the reclaimed oil complies with the used  
oil fuel specification in R 299.9809(1)(f).  
(g) Textiles, including gloves, uniforms, linens, and wipes, that are being recycled in a  
manner other than being burned for energy recovery or used in a manner constituting  
disposal if both of the following conditions are met:  
(i) After the textile's original use, hazardous waste is not mixed with the textile.  
(ii) The textiles and the containers used to transport the textiles do not contain any free  
liquids.  
(4) Used oil that is recycled and is also a hazardous waste solely because it exhibits a  
hazardous characteristic is not subject to regulation under part 111 or these rules, except  
for the environmental and human health standards in R 299.9602 and R 299.9809 to  
R 299.9816. Used oil that is recycled includes any used oil that is reused, after its  
original use, for any purpose. Used oil includes, but is not limited to, oil that is  
re-refined, reclaimed, burned for energy recovery, or reprocessed.  
(5) An owner or operator of a facility that stores lamps that meet the definition of a  
hazardous waste before recycling the lamps at the facility shall comply with all the  
following requirements:  
(a) Submit a written notification of hazardous waste lamp storage activity to the  
director. The notification must include all the following information:  
(i) The name, mailing address, and telephone number of the owner.  
(ii) The name, mailing address, and telephone number of the operator.  
71  
(iii) The name, mailing address, location, and telephone number of the recycle facility.  
(iv) A description of the unit or units in which the lamps are managed on-site before  
recycling and a map that shows the location of the unit or units.  
(b) Obtain an identification number for the facility from the director.  
(c) The environmental and human health standards under R 299.9602.  
(d) The location standards under R 299.9603.  
(e) The facility design and operating standards under R 299.9604.  
(f) The handling requirements of R 299.9228(4)(a).  
(g) Ensure that facility personnel are trained with respect to proper hazardous waste  
handling and preparedness and prevention procedures and are familiar with the facility  
emergency procedures.  
(h) If there is a fire, explosion, or other release of hazardous waste or hazardous waste  
constituents that could threaten human health or the environment, or if the owner or  
operator has knowledge that a spill has reached surface water or groundwater, the owner  
or operator shall immediately notify the department's pollution emergency alerting  
system telephone number 800-292-4706, or the department's district office for the district  
in which the facility is located. The notification must include all the following  
information:  
(i) The name and telephone number of the person that is reporting the incident.  
(ii) The name, address, telephone number, and identification number of the facility.  
(iii) The date, time, and type of incident.  
(iv) The name and quantity of the material or materials involved and released.  
(v) The extent of injuries, if any.  
(vi) The estimated quantity and disposition of recovered materials that resulted from  
the incident, if any.  
(vii) An assessment of actual or potential hazards to human health or the environment.  
(viii) The immediate response action taken.  
(i) The area where the lamps are accumulated must be protected, as appropriate for the  
type of waste being stored, from weather, fire, physical damage, and vandals.  
(j) Accumulation must be conducted so that fugitive emissions are not in violation of  
part 55.  
(k) A written operating record must be maintained onsite by the owner or operator and  
contain all the following information:  
(i) The quantity of lamps received on-site during the calendar year.  
(ii) The quantity of lamps recycled at the facility during the calendar year.  
(iii) The documentation necessary to demonstrate that the lamps are not being stored  
on-site for more than 1 year.  
(l) The closure standards of 40 CFR 264.111 and 264.114.  
(m) R 299.9614 if the lamps are being stored in containers and R 299.9615 if the lamps  
are being stored in tanks.  
(n) The lamps must not be stored on-site for more than 1 year from the date that the  
owner or operator receives the lamps.  
(o) Any hazardous waste that is generated from the lamp recycle operation is subject to  
parts 2 to 7 of these rules.  
(6) Hazardous waste that is exported or imported for recovery is subject to the  
requirements of R 299.9314.  
72  
(7) 40 CFR 264.11, 264.111, and 264.114, and part 265, subparts AA and BB, are  
adopted by reference in R 299.11003.  
R 299.9207 Residues of hazardous waste in empty containers.  
Rule 207. (1) Any hazardous waste that remains in either an empty container or an  
inner liner which is removed from an empty container, as explained in subrules (3), (4),  
and (5) of this rule, is not subject to regulation pursuant to the provisions of parts 3 to 10  
of these rules.  
(2) Any hazardous waste in either a container that is not empty or an inner liner which  
is removed from a container that is not empty, as explained in subrule (3), (4), or (5) of  
this rule, is subject to regulation pursuant to these rules.  
(3) A container or an inner liner that is removed from a container that has held any  
hazardous waste, except for a waste that is a compressed gas, which is identified as an  
acute hazardous waste listed in table 203a or 205a of this part, or that is a severely toxic  
hazardous waste, is empty if both of the following conditions are met:  
(a) All wastes have been removed that can be removed using the practices commonly  
employed to remove materials from that type of container, such as pouring, pumping, and  
aspirating.  
(b) Not more than 2.5 centimeters, 1 inch, of residue remain on the bottom of the  
container or inner liner or either of the following conditions is met:  
(i) Not more than 3% by weight of the total capacity of the container remains in the  
container or inner liner if the container is less than or equal to 119 gallons in size.  
(ii) Not more than 0.3% by weight of the total capacity of the container remains in the  
container or inner liner if the container is more than 119 gallons in size.  
(4) A container that has held a hazardous waste that is a compressed gas is empty when  
the pressure in the container approaches atmospheric.  
(5) A container or an inner liner that is removed from a container which has held an  
acute hazardous waste that is listed in table 203a or 205a of this part or that is a severely  
toxic hazardous waste is empty if any of the following criteria are met:  
(a) The container or inner liner has been triple rinsed using a solvent that is capable of  
removing the commercial chemical product or manufacturing chemical intermediate.  
(b) The container or inner liner has been cleaned by another method that has been  
shown, in scientific literature or by tests conducted by the generator, to achieve  
equivalent removal.  
(c) In the case of a container, the inner liner that prevented contact of the commercial  
chemical product or manufacturing chemical intermediate with the container has been  
removed.  
(6) Containers of hazardous waste pharmaceuticals are subject to R 299.9830 for  
determining when they are considered empty, instead of this rule, except as provided in  
R 299.9830(4) and (5).  
R 299.9208 Criteria for identifying characteristics of hazardous waste.  
Rule 208. (1) The director shall identify and define a characteristic of hazardous waste  
in this part on finding that the administrator has identified the characteristic based on the  
criteria contained in the provisions of 40 CFR 261.10.  
(2) The director shall identify and define a characteristic of hazardous waste in this part  
73  
in addition to those identified by the administrator in the provisions of 40 CFR part 261,  
subpart C, on determining that the waste that exhibits the characteristic does either of the  
following:  
(a) Exhibits extreme toxicity to aquatic life.  
(b) Contains a substance which can statistically be shown to cause acutely toxic;  
carcinogenic; teratogenic; hereditary mutagenic; or severe, debilitating, irreversible,  
adverse effects to mammals when exposed, by oral, dermal, or inhalation route, once or  
repeatedly to levels of 100 parts per billion or less.  
(3) The provisions of 40 CFR 261.10 are adopted by reference in R 299.11003.  
R 299.9209 Criteria and procedure for listing hazardous wastes.  
Rule 209. (1) The director shall list a waste as a hazardous waste in this part on finding  
that the administrator has listed the waste as hazardous based on the quantities of the  
waste generated at individual generation sites and the criteria contained in the provisions  
of 40 CFR 261.11.  
(2) The director shall evaluate a waste for listing as a hazardous waste in this part, in  
addition to the wastes listed by the administrator in the provisions of 40 CFR part 261,  
subpart D, on determining that the waste meets any of the following criteria:  
(a) The waste meets a characteristic identified in R 299.9208.  
(b) The waste, or a material that could be a constituent of the waste, is hazardous  
pursuant to the provisions of section 11103 of the act, MCL 324.11103, but is not  
currently listed in this part.  
(3) If information becomes available that indicates that a waste, or a material that may  
be a component of wastes, might meet any of the criteria of subrule (2) of this rule, the  
director shall do the following:  
(a) Evaluate the characteristics of the waste or material to verify its hazards.  
(b) If the waste is determined to have hazardous characteristics, initiate rule change  
procedures as outlined in act 306 that leads to the listing of the waste as hazardous. In  
addition, the director shall request the governor to petition the administrator to add the  
waste to the listings in the provisions of 40 CFR part 261 pursuant to the authority of  
section 3001(c) of RCRA, 42 USC 6921.  
(4) As additional wastes are determined to be hazardous by the administrator and listed  
in the provisions of 40 CFR part 261, the director shall initiate rule change procedures as  
outlined in act 306 to incorporate the wastes into these rules.  
(5) The basis for listing the classes or types of waste specified in this part must be  
designated by 1 or more of the following hazard codes:  
(a) For ignitable waste, (I).  
(b) For corrosive waste, (C).  
(c) For reactive waste, (R).  
(d) For toxicity characteristic waste, (E).  
(e) For acute hazardous waste, (H).  
(f) For toxic waste, (T).  
(6) The constituents that were the basis for listing the waste as toxicity characteristic  
waste (E) or toxic waste (T) in R 299.9220 and R 299.9222 are identified in the  
provisions of 40 CFR part 261, appendix VII.  
(7) The provisions of 40 CFR 261.11 and 40 CFR part 261, appendix VII, are adopted  
74  
by reference in R 299.11003.  
R 299.9210 Removal from hazardous waste listings.  
Rule 210. (1) A petition may be made to the director for removal from listing in this  
part of these rules any listed waste or hazardous waste constituent, except those  
determined by the administrator to be hazardous in the provisions of 40 CFR part 261.  
The petition must be accompanied by substantiating data and references taken from  
scientific literature that challenges the validity of the data that led to the waste or waste  
constituent listing. Data supplied must be reviewed and evaluated by the director. If the  
petition is granted, rule change procedures, as outlined in act 306, must be initiated for  
delisting of the waste or constituent. If the petition is not granted, the director shall  
inform the generator of the reasons why within 180 days after receipt of the petition.  
(2) Pursuant to the provisions of 40 CFR 260.20 and 260.22, a petition may be made to  
the EPA to remove from listing those wastes or constituents listed in the provisions of  
40 CFR part 261. When wastes are removed from the listing in the provisions of  
40 CFR part 261 by the EPA, the director shall initiate rule change procedures, as  
outlined in section 11128 of the act, MCL 324.11128, to remove those wastes from the  
listing in R 299.9203.  
R 299.9211 Petitions to exclude waste produced at a particular facility.  
Rule 211. (1) Any person seeking to exclude a waste at a particular generating facility  
from the lists in this part shall do the following:  
(a) If the waste is listed in 40 CFR part 261, subpart D, contains a waste listed in  
40 CFR part 261, subpart D, or is derived from a waste listed in 40 CFR part 261,  
subpart D and does not meet the criteria of paragraph (c) of this subrule, petition the  
administrator, under 40 CFR 260.20 and 260.22, to exclude the waste at a particular  
generating facility from the lists. If the petition is granted by the administrator, the  
director shall do both of the following:  
(i) Within 60 days after the redesignation by the administrator, request any  
information necessary to evaluate the petition.  
(ii) Within 180 days after receiving all information necessary to evaluate the petition,  
redesignate the waste and impose any conditions on the redesignation necessary to  
protect human health and the environment.  
(b) If the waste is listed in this part, but not listed in the provisions of 40 CFR part 261,  
subpart D, petition the director to exclude the waste at the particular generating facility  
from the lists in the part. The petition must include that information specified by the  
provisions of CFR 260.22(i) and demonstrate that either the waste does not contain  
hazardous constituents or that the waste does contain hazardous constituents, but is not  
capable of posing a substantial present or potential hazard to human health or the  
environment when improperly treated, stored, transported, disposed of, or otherwise  
managed, considering the factors listed in the provisions of 40 CFR 261.11(a)(3). After  
receiving a petition for an exclusion, the director shall do both of the following:  
(i) Within 60 days after receiving a petition for an exclusion, request any information  
necessary to evaluate the petition.  
(ii) Within 180 days after receiving all information necessary to evaluate the petition,  
either approve the petition with any conditions necessary to protect human health and the  
75  
environment or deny the petition.  
(c) If the waste is treated, stored, or disposed of as part of closure or partial closure of a  
treatment, storage, or disposal facility or if the waste is contaminated soil determined  
hazardous under R 299.9203(1) or R 299.9214 due to its mixture with a hazardous waste,  
petition the director to exclude the waste at the particular facility from regulation under  
these rules. The petition must contain that information specified in 40 CFR 260.20(b)  
and 260.22. After receiving a complete petition under subrule (3) of this rule, the director  
shall do all the following:  
(i) Make a tentative decision to grant or deny the petition based on the criteria  
specified in 40 CFR 260.22.  
(ii) Public notice the tentative decision and provide 30 days for public comment.  
(iii) After evaluating all public comments, make a final decision on the petition. The  
director shall grant the petition if the criteria specified in 40 CFR 260.22 are met.  
(2) Noncompliance with any conditions imposed under subrule (1) of this rule or any  
change of constituents, physical state, conditions of the generating process, or other  
variation which would increase the hazardous characteristics of the waste is a basis for  
the director to amend or revoke the delisting under act 306.  
(3) Wastes for which petitions are under consideration must be managed as required by  
these rules until a redesignation is granted.  
(4) The provisions of 40 CFR 260.20, 260.22, 260.31, and 261.11(a)(3) are adopted by  
reference in R 299.11003, with the exception that the word "director" replaces the word  
"administrator."  
R 299.9212 Characteristics of hazardous waste.  
Rule 212. (1) A waste exhibits the characteristic of ignitability and is identified by the  
hazardous waste number D001 if a representative sample of the waste has any of the  
following properties:  
(a) It is a liquid, other than a solution that contains less than 24% alcohol by volume  
and not less than 50% water by weight, and has a flash point less than 60 degrees  
Centigrade, 140 degrees Fahrenheit, as determined by any of the following test methods:  
(i) A Pensky-Martens- closed cup tester using the test methods specified in ASTM  
standards D9379, D93-80, or D8175-18 which are adopted by reference in R 299.11001.  
(ii) A setaflash closed cup tester using the test method specified in ASTM standard  
D3278-78, which is adopted by reference in R 299.11001.  
(iii) A small scale closed cup tester using the test method specified in ASTM standard  
D8174-18, which is adopted by reference in R 299.11001.  
(iv) An equivalent test method approved by the director, or the director’s designee,  
pursuant to procedures in R 299.9215.  
(b) It is not a liquid and is capable, under standard temperature and pressure, of  
causing fire through friction, absorption of moisture, or spontaneous chemical changes  
and, when ignited, burns so vigorously and persistently that it creates a hazard.  
(c) It is an ignitable compressed gas as defined in 40 CFR 261.21(a)(3) and meets the  
specified criteria.  
(d) It is an oxidizer as defined in 40 CFR 261.21(a)(4) and meets the specified criteria.  
(2) A waste exhibits the characteristic of corrosivity and is identified by the hazardous  
waste number D002 if a representative sample of the waste has either of the following  
76  
properties:  
(a) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as  
determined by a pH meter using method 9040C in the publication entitled "Test Methods  
for Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference  
in R 299.11005.  
(b) It is a liquid and corrodes steel, SAE 1020, at a rate of more than 6.35 mm,  
0.250 inch, per year at a test temperature of 55 degrees Centigrade, 130 degrees  
Fahrenheit, as determined by method 1110A in the publication entitled "Test Methods for  
Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference in  
R 299.11005.  
(3) A waste exhibits the characteristic of reactivity and is identified by the hazardous  
waste number D003 if a representative sample of the waste has any of the following  
properties:  
(a) It is normally unstable and readily undergoes violent change without detonating.  
(b) It reacts violently with water.  
(c) It forms potentially explosive mixtures with water.  
(d) When mixed with water, it generates toxic gases, vapors, or fumes in a quantity  
sufficient to present a danger to human health or the environment.  
(e) It is a cyanide or sulfide-bearing waste that, when exposed to pH conditions  
between 2 and 12.5, can generate toxic gases, vapors, or fumes in a quantity sufficient to  
present a danger to human health or the environment.  
(f) It is capable of detonation or explosive reaction if it is subjected to a strong  
initiating source or if heated under confinement.  
(g) It is readily capable of detonation or explosive decomposition or reaction at  
standard temperature and pressure.  
(h) It is a forbidden explosive, as that term is defined in 49 CFR 173.54, or it meets the  
definition of a Division 1.1, 1.2, or 1.3 explosive, as defined in 49 CFR 173.50 and  
173.53, which are adopted by reference in R 299.11004.  
(4) A waste, except manufactured gas plant waste, exhibits the toxicity characteristic if,  
using the toxicity characteristic leaching procedure, test Method 1311 in the publication  
entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which  
is adopted by reference in R 299.11005, the extract from a representative sample of the  
waste contains any of the contaminants listed by the administrator or the director and  
identified in table 201a of these rules at a concentration equal to or greater than the  
respective values given in the tables. If the waste contains less than 0.5% filterable  
solids, the waste itself, after filtering using the methodology outlined in Method 1311, is  
considered to be the extract under this rule.  
(5) A waste exhibits the characteristic of severe toxicity if the waste contains 1 part per  
million or more of a severely toxic substance listed in table 202.  
(6) A hazardous waste that is identified by a characteristic in this rule must be assigned  
every hazardous waste number that applies. The hazardous waste number or numbers  
must be used in complying with the notification, recordkeeping, and reporting  
requirements of these rules. The hazardous waste numbers are as follows:  
(a) For wastes determined to be hazardous pursuant to subrules (4) and (5) of this rule,  
the hazardous waste number listed in table 201a or table 202 of these rules.  
(b) For a waste that exhibits the characteristic of ignitability, the hazardous waste  
77  
number D001.  
(c) For a waste that exhibits the characteristic of corrosivity, the hazardous waste  
number D002.  
(d) For a waste that exhibits the characteristic of reactivity, the hazardous waste  
number D003.  
(7) For this rule, the director, or the director’s designee, shall consider a sample that is  
obtained using any of the applicable sampling methods specified in 40 CFR part 261,  
appendix I, which is adopted by reference in R 299.11003, to be a representative sample.  
(8) The following test methods must be used:  
(a) For aflatoxin, the test methods in subsection 26, natural poisons, of the publication  
entitled "Official Methods of Analysis of the Association of Official Analytical  
Chemists," 13th edition, 1980, which is adopted by reference in R 299.11006.  
(b) For chlorinated dibenzo-p-dioxins and chlorinated dibenzofurans in chemical  
wastes, including still bottoms, filter aids, sludges, spent carbon, and reactor residues, and  
in soil, EPA method 8280B or 8290A in the publication entitled "Test Methods for  
Evaluating Solid Waste, Physical/Chemical Methods," which is adopted by reference in  
R 299.11005.  
(c) Alternate procedures as approved by the director or the director’s designee.  
(9) The provisions of 40 CFR 261.21(a)(3) and (4) are adopted by reference in  
R 299.11003.  
R 299.9213 Lists of hazardous wastes from nonspecific and specific sources.  
Rule 213. (1) The following wastes are hazardous wastes unless excluded under  
R 299.9211:  
(a) Wastes from nonspecific sources listed by the administrator and identified in  
table 203a of these rules.  
(b) Wastes from specific sources listed by the administrator and identified in table 204a  
of these rules.  
(2) Each hazardous waste that is listed in subrule (1) of this rule is assigned a hazardous  
waste number that precedes the name of the waste on the table in which it is listed. The  
number must be used in complying with the notification requirements and the  
recordkeeping and reporting requirements of these rules.  
(3) The EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027 are  
subject to the exclusion limits for acutely hazardous wastes established in R 299.9304.  
(4) For the EPA hazardous waste numbers F037 and F038 listings, aggressive biological  
treatment units are defined as those units that employ 1 of the following 4 treatment  
methods:  
(a) Activated sludge.  
(b) Trickling filter.  
(c) Rotating biological contactor for the continuous accelerated biological oxidation of  
wastewaters.  
(d) High-rate aeration. High-rate aeration is a system of surface impoundments or  
tanks in which intense mechanical aeration is used to completely mix the wastes and  
enhance biological activity. High-rate aeration systems must be composed of units that  
employ a minimum of 6 horsepower per million gallons of treatment volume and either  
the hydraulic retention time of the unit is no longer than 5 days, or the hydraulic retention  
78  
time is no longer than 30 days and the unit does not generate a sludge that is hazardous  
waste by the toxicity characteristic.  
(5) Generators and facility owners and operators shall demonstrate that their sludges are  
not subject to being listed as F037 or F038, or both, wastes under subrule (4) of this rule.  
Generators and facility owners and operators shall maintain, in their operating or other  
on-site records, documents and data sufficient to demonstrate that the unit is an  
aggressive biological treatment unit as defined in subrule (4) of this rule and that the  
sludges sought to be exempted from the definitions of F037 or F038, or both, wastes were  
generated in the aggressive biological treatment unit.  
(6) For the EPA hazardous waste number F037 listing, sludges are considered to be  
generated at the moment of deposition in the unit, where deposition is defined as at least  
a temporary cessation of lateral particle movement.  
(7) For the EPA hazardous waste number F038 listing, sludges are considered to be  
generated at the moment of deposition in the unit, where deposition is defined as at least  
a temporary cessation of lateral particle movement, and floats are considered to be  
generated at the moment they are formed in the top of the unit.  
R 299.9214 Discarded commercial chemical products, off-specification species,  
containers, container residues, and spill residues as hazardous wastes.  
Rule 214. (1) The following materials or items are hazardous wastes when they are  
discarded or intended to be discarded as described in R 299.9202(1)(a), when they are  
burned for energy recovery instead of their original intended use, when they are used to  
produce fuels instead of their intended use, when they are applied to the land instead of  
their intended use, or when they are contained in products that are applied to the land  
instead of their original intended use:  
(a) Any commercial chemical product or manufacturing chemical intermediate having  
the generic name in tables 205a, 205b, and 205c of these rules.  
(b) Any off-specification commercial chemical product or manufacturing intermediate  
that, if it met specifications, would have the generic name listed in tables 205a, 205b, and  
205c of these rules.  
(c) Any residue that remains in a container or in an inner liner which is removed from a  
container that has held any commercial chemical product or manufacturing chemical  
intermediate having the generic names listed in tables 205a, 205b, and 205c of these  
rules, unless the container is empty. Unless the residue is being beneficially used or  
reused; legitimately recycled or reclaimed; or accumulated, stored, transported, or treated  
before use, reuse, recycle, or reclamation, the department considers the residue to be  
intended for discard and, the residue is a hazardous waste.  
(d) Any residue or contaminated soil, water, or other debris resulting from the cleanup  
of a spill into any water or on any land of any commercial chemical product, a  
manufacturing chemical intermediate having the generic name listed in tables 205a, 205b,  
and 205c of these rules, any residue or contaminated soil, water, or other debris resulting  
from the cleanup of a spill into any water or on any land of any off-specification chemical  
product, and manufacturing chemical intermediate that, if it met specifications, would  
have the generic name listed in tables 205a, 205b, and 205c of these rules.  
(2) The commercial chemical products, manufacturing chemical intermediates, or  
off-specification commercial chemical products listed by the administrator and identified  
79  
in table 205a are acutely hazardous wastes (H).  
(3) The commercial chemical products, manufacturing chemical intermediates, or  
off-specification commercial chemical products listed by the administrator and identified  
in table 205b are toxic wastes (T).  
(4) The commercial chemical products, manufacturing chemical intermediates, or  
off-specification commercial chemical products listed by the director and identified in  
table 205c are toxic wastes (T).  
(5) As used in subrule (1) of this rule, the phrases "commercial chemical product,"  
"manufacturing chemical intermediate," "off-specification commercial chemical  
product," and "manufacturing chemical intermediate" refer to materials that are  
manufactured or formulated for commercial or manufacturing use. The phrases do not  
refer to materials, such as manufacturing process wastes, that contain any of the  
substances listed in tables 205a, 205b, or 205c of these rules.  
(6) Each hazardous waste listed in subrule (1) of this rule is assigned the hazardous  
waste number in tables 205a, 205b, or 205c of these rules that corresponds to the  
constituent that caused the waste to be hazardous. With regard to a mixture of hazardous  
wastes, a number must be assigned in the following priority order based on the wastes or  
constituents present:  
(a) Acutely hazardous, from table 205a.  
(b) Toxic, from table 205b.  
(c) Toxic, from table 205c of these rules.  
(7) If the constituents identified in subrule (6) of this rule are listed in the same table, the  
hazardous waste number assigned must correspond to the constituents present in the  
greatest amount on a weight basis.  
R 299.9215 Petitions for equivalent testing or analytical methods.  
Rule 215. (1) Any person seeking to add a testing or analytical method to these rules  
may petition the director for a rule change under this rule. To be successful, the person  
shall demonstrate, to the satisfaction of the director, that the proposed method is equal to  
or superior to the corresponding method prescribed in the provisions of 40 CFR part 261,  
264, or 265 in terms of its sensitivity, accuracy, and precision.  
(2) Each petition under this rule must contain that information required by the  
provisions of 40 CFR 260.20(b) and 260.21(b).  
(3) After receiving a petition for an equivalent method, the director, or the director’s  
designee, shall within 120 days after receiving the petition, request any additional  
information on the proposed method which they may reasonably require to evaluate the  
method. If the petition is granted, the director shall initiate rule change procedures under  
act 306.  
(4) The provisions of 40 CFR 260.20(b) and 260.21(b) are adopted by reference in  
R 299.11003.  
R 299.9216 Method of analysis.  
Rule 216. (1) The method of analysis specified in the provisions of 40 CFR part 261,  
appendix I must be used to identify the hazardous constituents listed 40 CFR part 261,  
appendices VII and VIII. Alternate methods of analysis may be used if approved by the  
director.  
80  
(2) The provisions of 40 CFR part 261, appendices I, VII, and VIII are adopted by  
reference in R 299.11003.  
R 299.9217 Table 201a.  
Rule 217. Table 201a reads as follows:  
TABLE 201a  
EPA  
Hazardous Abstract  
Waste Services  
Number Number  
440-38-2 Arsenic  
Chemical  
Extract  
Concentration  
milligrams  
per liter  
5.0  
Material  
D004  
D005  
D018  
D006  
D019  
D020  
D021  
D022  
D007  
D023  
D024  
D025  
D026  
D016  
D027  
D028  
D029  
D030  
D012  
7440-39-3 Barium  
71-43-2 Benzene  
7440-43-9 Cadmium  
56-23-5 Carbon tetrachloride  
57-74-9 Chlordane  
108-90-7 Chlorobenzene  
67-66-3 Chloroform  
7440-47-3 Chromium  
95-48-7 o-Cresol  
100.0  
0.5  
1.0  
0.5  
0.03  
100.0  
6.0  
5.0  
200.0**  
200.0**  
200.0**  
200.0**  
10.0  
7.5  
108-39-4 m-Cresol  
106-44-5 p-Cresol  
-------- Cresol  
94-75-7 2,4-D (2,4-Dichlorophenoxyacetic Acid)  
106-46-7 1,4-Dichlorobenzene  
107-06-2 1,2-Dichloroethane  
75-35-4 1,1-Dichloroethylene  
121-14-2 2,4-Dinitrotoluene  
72-20-8 Endrin (1,2,3,4,10,10-hexachloro-1,7-Epoxy-  
1,4,4a,5,6,7,8,8a octahydro-1,4-endo, endo-5,8-  
dimenthano naphthalene)  
0.5  
0.7  
0.13*  
0.02  
D031  
D032  
D033  
D034  
D008  
D013  
76-44-8 Heptachlor (and its Epoxide)  
118-74-1 Hexachlorobenzene  
87-68-3 Hexachlorobutadiene  
67-72-1 Hexachloroethane  
0.008  
0.13*  
0.5  
3.0  
5.0  
0.4  
7439-92-1 Lead  
58-89-9 Lindane (1,2,3,4,5,6-hexa-chlorocyclo-hexane,  
gamma isomer)  
D009  
D014  
7439-97-6 Mercury  
0.2  
10.0  
72-43-5 Methoxychlor (1,1,1-trichloro-2,2-bis(p-  
methoxyphenyl) ethane)  
D035  
D036  
D037  
78-93-3 Methyl ethyl ketone  
98-95-3 Nitrobenzene  
87-86-5 Pentachlorophenol  
200.0  
2.0  
100.0  
81  
TABLE 201a  
EPA  
Hazardous Abstract  
Waste Services  
Number Number  
Chemical  
Extract  
Concentration  
milligrams  
per liter  
5.0*  
Material  
D038  
D010  
D011  
D039  
D015  
110-86-1 Pyridine  
7782-49-2 Selenium  
7440-22-4 Silver  
127-18-4 Tetrachloroethylene  
8001-35-2 Toxaphene (C10H10C18, Technical chlorinated  
camphene, 67-69% chlorine)  
1.0  
5.0  
0.7  
0.5  
D040  
D041  
D042  
D017  
79-01-6 Trichloroethylene  
0.5  
400.0  
2.0  
95-95-4 2,4,5-Trichlorophenol  
88-06-2 2,4,6-Trichlorophenol  
93-72-1 2,4,5-TP Silvex (2,4,5-Tri-  
chlorophenoxypropionic acid)  
1.0  
D043  
75-01-4 Vinyl chloride  
0.2  
* Quantitation limit is greater than the calculated regulatory level. The quantitation limit  
then becomes the regulatory level.  
**If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026)  
concentration is used. The regulatory level of total cresol is 200 milligrams per liter.  
R 299.9219 Table 202.  
Rule 219. Table 202 reads as follows:  
TABLE 202  
Michigan Hazardous Waste Number  
Substance  
001S  
002S  
003S  
004S  
005S  
006S  
007S  
Aflatoxin  
2,3,7,8-Tetrachlorodibenzo-p-dioxin  
1,2,3,7,8-Pentachlorodibenzo-p-dioxin  
1,2,3,4,7,8-Hexachlorodibenzo-p-dioxin  
1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin  
1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin  
2,3,7,8-Tetrachloridibenzo furan  
R 299.9220 Table 203a; hazardous waste from nonspecific sources.  
Rule 220. Table 203a reads as follows:  
82  
TABLE 203a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Hazardous Waste from Nonspecific Sources  
Number  
The following spent halogenated solvents used in degreasing:  
tetrachloroethylene, trichloroethylene, methylene chloride,  
1,1,1-trichloroethane, carbon tetrachloride, and chlorinated  
fluorocarbons; all spent solvent mixtures and blends used in  
degreasing containing, before use, a total of 10% or more, by  
volume, of 1 or more of the above halogenated solvents or  
those solvents listed in F002, F004, and F005; and still bottoms  
from the recovery of these spent solvents and spent solvent  
mixtures.  
The following spent halogenated solvents: tetrachloroethylene,  
methylene chloride, trichloroethylene, 1,1,1-trichloroethane,  
chlorobenzene, 1,1,2trichloro1,2,2trifluoroethane, ortho-  
dichlorobenzene, trichlorofluoromethane and 1,1,2  
trichloroethane; all spent solvent mixtures and blends  
containing, before use, a total of 10% or more, by volume, of 1  
or more of the above halogenated solvents or those solvents  
listed in F001, F004, and F005; and still bottoms from the  
recovery of these spent solvents and spent solvent mixtures.  
The following spent nonhalogenated solvents: xylene, acetone,  
ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl  
ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent  
solvent mixtures and blends containing, before use, only the  
above spent nonhalogenated solvents; and all spent solvent  
mixtures or blends, containing before use, one or more of the  
above nonhalogenated solvents, and a total of 10% or more, by  
volume, of 1 or more of those solvents listed in F001, F002,  
F004, and F005 and still bottoms from the recovery of these  
spent solvents and spent solvent mixtures.  
F001  
F002  
F003  
(T)  
(T)  
(I)  
The following spent nonhalogenated solvents: cresols and  
cresylic acid, and nitrobenzene; all spent solvent mixtures and  
blends containing, before use, a total of 10% or more, by  
volume, of 1 or more of the above nonhalogenated solvents or  
those solvents listed in F001, F002, and F005; and still bottoms  
from the recovery of these spent solvents and spent solvent  
mixtures.  
The following spent nonhalogenated solvents: toluene, methyl  
ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene,  
2-ethoxyethanol, and 2nitropropane; all spent solvent mixtures  
and blends containing, before use, a total of 10% or more, by  
volume, of 1 or more of the above nonhalogenated solvents or  
those solvents listed in F001, F002 and F004; and still bottoms  
F004  
F005  
(T)  
(I, T)  
83  
TABLE 203a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Hazardous Waste from Nonspecific Sources  
Number  
from the recovery of these spent solvents and spent solvent  
mixtures.  
Wastewater treatment sludges from electroplating operations  
except from the following processes: (1) sulfuric acid anodizing  
of aluminum; (2) tin plating on carbon steel; (3) zinc plating  
used on a segregated basis on carbon steel; (4) aluminum or  
zinc-aluminum plating on carbon steel; (5) cleaning or stripping  
associated with tin, zinc, and aluminum plating on carbon steel;  
and (6) chemical etching and milling of aluminum.  
Spent cyanide plating bath solutions from electroplating  
operations.  
F006  
(T)  
F007  
F008  
(R, T)  
(R, T)  
Plating sludges from the bottom of plating baths from  
electroplating operations where cyanides are used in the  
process.  
Spent stripping and cleaning bath solutions from electroplating  
operations where cyanides are used in the process.  
Quenching bath residues from oil baths from metal heat treating  
operations where cyanides are used in the process.  
Spent cyanide solutions from salt bath pot cleaning from metal  
heat-treating operations.  
F009  
F010  
F011  
F012  
F019  
(R, T)  
(R, T)  
(R, T)  
(T)  
Quenching wastewater treatment sludges from metal  
heat-treating operations where cyanides are used in the process.  
Wastewater treatment sludges from the chemical conversion  
coating of aluminum except from zirconium phosphating in  
aluminum can washing when the phosphating is an exclusive  
conversion coating process. Wastewater treatment sludges  
from the manufacturing of motor vehicles using a zinc  
phosphating process will not be subject to this listing at the  
point of generation if both of the following requirements are  
met: (1) the wastes are not placed outside on the land before  
shipment to a landfill for disposal and are either disposed of in  
a solid waste landfill unit that is permitted or licensed under  
part 115; disposed in a hazardous waste landfill meeting the  
requirements of the act and these rules; or, if out-of-state,  
disposed of in a RCRA, Subtitle D, 42 USC 6941 to 6949a,  
municipal or industrial landfill unit that is equipped with a  
single clay liner and is permitted, licensed, or otherwise  
authorized by the receiving state; or disposed of in a landfill  
subject to, or otherwise meeting, the requirements of  
40 CFR 258.40, 264.301, or 265.301, and (2) the generator  
maintains records to prove that the exempted sludges meet the  
(T)  
84  
TABLE 203a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Hazardous Waste from Nonspecific Sources  
Number  
conditions of the listing, including: the volume of waste  
generated and disposed off-site; the date the waste was  
generated, the date the waste was sent off-site, the name and  
address of receiving facility, and documentation confirming  
receipt. For this listing, motor vehicle manufacturing means  
the engagement in the manufacture of complete automobiles  
and light trucks/utility vehicles or chassis only.  
Wastes, except wastewater and spent carbon from hydrogen  
chloride purification, from the production or manufacturing use  
as a reactant, chemical intermediate, or component in a  
formulating process, of tri or tetrachlorophenol or of  
intermediates used to produce their pesticide derivatives. This  
listing does not include wastes from the production of  
hexachlorophene from highly purified 2,4,5trichlorophenol.  
Wastes, except wastewater and spent carbon from hydrogen  
chloride purification, from the production or manufacturing use  
as a reactant, chemical intermediate, or component in a  
formulating process of pentachlorophenol or of intermediates  
used to produce its derivatives.  
Wastes, except wastewater and spent carbon from hydrogen  
chloride purification, from the manufacturing use as a reactant,  
chemical intermediate, or component in a formulating process  
of tetra, penta, or hexachlorobenzenes under alkaline  
conditions.  
Wastes, except wastewater and spent carbon from hydrogen  
chloride purification, from the production of materials on  
equipment previously used for the production or manufacturing  
use as a reactant, chemical intermediate, or component in a  
formulating process of tri and tetrachlorophenols. This listing  
does not include wastes from equipment used only for the  
production or use of hexachlorophene from highly purified  
2,4,5trichlorophenol.  
F020  
(H)  
F021  
F022  
F023  
(H)  
(H)  
(H)  
Process wastes, including, but not limited to, distillation  
residues, heavy ends, tars, and reactor cleanout wastes from the  
production of certain chlorinated aliphatic hydrocarbons by free  
radical catalyzed processes. These chlorinated aliphatic  
hydrocarbons are those having carbon chain lengths ranging  
from 1 to 5, with varying amounts and positions of chlorine  
substitutions. This listing does not include wastewater,  
wastewater treatment sludges, spent catalysts, and wastes listed  
in R 299.9213(1)(a) or R 299.9214(1)(a).  
F024  
(T)  
85  
TABLE 203a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Hazardous Waste from Nonspecific Sources  
Number  
Condensed light ends, spent filters and filter acids, and spent  
desiccant wastes from the production of certain chlorinated  
aliphatic hydrocarbons, by free radical catalyzed processes.  
These chlorinated aliphatic hydrocarbons are those having  
carbon chain lengths ranging from 1 to 5, with varying amounts  
and positions of chlorine substitution.  
Wastes, except wastewater and spent carbon from hydrogen  
chloride purification, from the production of materials on  
equipment previously used for the manufacturing use as a  
reactant, chemical intermediate, or component in a formulating  
process of tetra, penta, or hexachlorobenzene under alkaline  
conditions.  
Discarded unused formulations containing tri, tetra, or  
pentachlorophenol or discarded unused formulation containing  
compounds derived from these chlorophenols. This listing does  
not include formulations containing hexachlorophene  
synthesized from prepurified 2,4,5trichlorophenol as the sole  
component.  
Residues resulting from the incineration or thermal treatment of  
soil contaminated with EPA hazardous waste numbers F020,  
F021, F022, F023, F026, and F027.  
Wastewaters, except for those that have not come into contact  
with process contaminants; process residuals; preservative  
drippage; and spent formulations from wood preserving  
processes generated at plants that currently use or have  
previously used chlorophenolic formulations, except potentially  
cross-contaminated wastes that have had the F032 hazardous  
waste number deleted pursuant to 40 CFR 261.35 or potentially  
cross-contaminated wastes that are otherwise currently regulated  
as F034 or F035, and where the generator does not resume or  
initiate the use of chlorophenolic formulations. This listing does  
not include K001 bottom sediment sludge from the treatment of  
wastewater from wood preserving processes that use creosote or  
pentachlorophenol, or both.  
F025  
(T)  
(H)  
F026  
F027  
(H)  
(T)  
F028  
F032  
(T)  
Wastewaters, except for those that have not come into contact  
with process contaminants; process residuals; preservative  
drippage; and spent formulations from wood preserving  
processes generated at plants that use creosote formulations.  
This listing does not include K001 bottom sediment sludge  
from the treatment of wastewater from wood preserving  
processes that use creosote or pentachlorophenol, or both.  
F034  
(T)  
86  
TABLE 203a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Hazardous Waste from Nonspecific Sources  
Number  
Wastewaters, except for those that have not come into contact  
with process contaminants; process residuals; preservative  
drippage; and spent formulations from wood preserving  
processes generated at plants that use inorganic preservatives  
containing arsenic or chromium. This listing does not include  
K001 bottom sediment sludge from the treatment of wastewater  
from wood preserving processes that use creosote or  
F035  
(T)  
pentachlorophenol, or both.  
Petroleum refinery primary oil/water/solids (oil and/or water  
and/or solids) separation sludgeany sludge generated from the  
gravitational separation of oil/water/solids during the storage or  
treatment of process wastewaters and oily cooling wastewaters  
from petroleum refineries. These sludges include, but are not  
limited to, those generated in oil/water/solids separators; tanks  
and impoundments; ditches and other conveyances; sumps; and  
stormwater units receiving dry weather flow. Sludges  
generated in stormwater units that do not receive dry weather  
flow, sludges generated from noncontact once-through cooling  
waters segregated for treatment from other process or oily  
cooling waters, sludges generated in aggressive biological  
treatment units as defined in R 299.9213(4), including sludges  
generated in 1 or more additional units after wastewaters have  
been treated in aggressive biological treatment units, and K051  
wastes are not included in this listing. This listing does include  
residuals generated from processing or recycling oil-bearing  
hazardous secondary materials excluded under R 299.204(1)(l)  
if those residuals are being disposed.  
F037  
(T)  
Petroleum refinery secondary (emulsified) oil/water/solids (oil  
and/or water and/or solids) separation sludge-any sludge or  
float generated from the physical or chemical separation of  
oil/water/solids in process wastewaters and oily cooling  
wastewaters from petroleum refineries. These wastes include,  
but are not limited to, all sludges and floats generated in  
induced air flotation (IAF) units and tanks and impoundments,  
and all sludges generated in DAF units. Sludges generated in  
stormwater units that do not receive dry weather flow; sludges  
generated from non-contact once-through cooling waters  
segregated for treatment from other process or oily cooling  
waters; sludges and floats generated in aggressive biological  
treatment units as defined in R 299.9213(4), including sludges  
and floats generated in 1 or more additional units after  
F038  
(T)  
87  
TABLE 203a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Hazardous Waste from Nonspecific Sources  
Number  
wastewaters have been treated in aggressive biological  
treatment units; and F037, K048, and K051 wastes are not  
included in this listing.  
Leachate resulting from the treatment, storage, or disposal of  
wastes classified by more than 1 hazardous waste number  
pursuant to R 299.9213 and R 299.9214 or from a mixture of  
wastes classified pursuant to R 299.9213 and R 299.9214.  
Leachate resulting from the management of 1 or more of the  
following hazardous wastes, and no other hazardous wastes,  
retains its original hazardous waste number or numbers: F020,  
F021, F022, F023, F026, F027, or F028.  
F039  
(T)  
R 299.9222 Table 204a; hazardous wastes from specific sources.  
Rule 222. Table 204a reads as follows:  
TABLE 204a  
EPA  
Hazardous  
Hazard  
Code  
Industry  
Wood  
Hazardous Waste from Specific Sources  
Waste  
Number  
K001  
Bottom sediment sludge from the treatment of  
wastewaters from wood-preserving processes  
that use creosote or pentachlorophenol, or both  
compounds  
(T)  
Preservation  
Inorganic  
Pigments  
K002  
Wastewater treatment sludge from the  
production of chrome yellow and orange  
pigments  
(T)  
K003  
K004  
K005  
K006  
Wastewater treatment sludge from the production  
of molybdate orange pigments  
(T)  
(T)  
(T)  
(T)  
Wastewater treatment sludge from the  
production of zinc yellow pigments  
Wastewater treatment sludge from the  
production of chrome green pigments  
Wastewater treatment sludge from the  
production of chrome oxide green pigments,  
anhydrous and hydrated forms  
K007  
K008  
K009  
Wastewater treatment sludge from the production  
of iron blue pigments  
Oven residue from the production of chrome  
oxide green pigments  
(T)  
(T)  
(T)  
Organic  
Distillation bottoms from the production of  
88  
TABLE 204a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Industry  
Hazardous Waste from Specific Sources  
Number  
Chemicals  
chemicals acetaldehyde from ethylene  
Distillation side cuts from the production of  
acetaldehyde from ethylene  
Bottom stream from the wastewater stripper in the (R,T)  
production of acrylonitrile  
Bottom stream from the acetonitrile column in  
the production of acrylonitrile  
Bottoms from the acetonitrile purification  
column in the production of acrylonitrile  
K010  
K011  
K013  
K014  
(T)  
(R,T)  
(T)  
K015  
K016  
K017  
K018  
K019  
K020  
K021  
K022  
K023  
K024  
K025  
K026  
K027  
K028  
K029  
K030  
Still bottoms from the distillation of benzyl  
chloride  
Heavy ends or distillation residues from the  
production of carbon tetrachloride  
(T)  
(T)  
(T)  
(T)  
(T)  
(T)  
(T)  
(T)  
(T)  
(T)  
(T)  
(T)  
(R,T)  
(T)  
(T)  
(T)  
Heavy ends or still bottoms from the purification  
column in the production of epichlorohydrin  
Heavy ends from the fractionation column in  
ethyl chloride production  
Heavy ends from the distillation of ethylene  
dichloride in ethylene dichloride production  
Heavy ends from the distillation of vinyl chloride  
in vinyl chloride monomer production  
Aqueous spent antimony catalyst waste from  
fluoromethanes production  
Distillation bottom tars from the production of  
phenol or acetone from cumene  
Distillation light ends from the production of  
phthalic anhydride from naphthalene  
Distillation bottoms from the production of  
phthalic anhydride from naphthalene  
Distillation bottoms from the production of  
nitrobenzene by the nitration of benzene  
Stripping still tails from the production of methyl  
ethyl pyridines  
Centrifuge and distillation residues from toluene  
diisocyanate production  
Spent catalyst from the hydrochlorinator reactor  
in the production of 1,1,1-trichloroethane  
Waste from the product steam stripper in the  
production of 1,1,1-trichloroethane  
Column bottoms or heavy ends from the  
89  
TABLE 204a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Industry  
Hazardous Waste from Specific Sources  
Number  
combined production of trichloroethylene and  
perchloroethylene  
K083  
K085  
Distillation bottoms from aniline production  
Distillation of fractionation column bottoms  
from the production of chlorobenzenes  
Distillation light ends from the production of  
phthalic anhydride from ortho-xylene  
Distillation bottoms from the production of  
phthalic anhydride from ortho-xylene  
Distillation bottoms from the production of  
1,1,1-trichloroethane  
Heavy ends from the heavy ends column from  
the production of 1,1,1-trichloroethane  
Process residues from aniline extraction from the  
production of aniline  
(T)  
(T)  
K093  
K094  
K095  
K096  
K103  
K104  
K105  
K107  
(T)  
(T)  
(T)  
(T)  
(T)  
(T)  
Combined wastewater streams generated from  
nitrobenzene or aniline production  
Separated aqueous stream from the reactor product (T)  
washing step in the production of chlorobenzenes  
Column bottoms from product separation from the (C,T)  
production of 1,1-dimethylhydrazine (UDMH)  
from carboxylic acid hydrazides  
K108  
Condensed column overheads from product  
separation and condensed reactor vent gases  
from the production of 1,1-dimethylhydrazine  
(UDMH) from carboxylic acid hydrazides  
Spent filter cartridges from product purification  
from the production of 1,1-dimethylhydrazine  
(UDMH) from carboxylic acid hydrazides  
Condensed column overheads from intermediate  
separation from the production of 1,1-  
dimethylhydrazine (UDMH) from carboxylic  
acid hydrazides  
(I,T)  
K109  
K110  
(T)  
(T)  
K111  
K112  
Product washwaters from the production of  
dinitrotoluene via nitration of toluene  
Reaction by-product water from the drying  
column in the production of toluenediamine via  
hydrogenation of dinitrotoluene  
(C,T)  
(T)  
K113  
Condensed liquid light ends from the purification  
of toluenediamine in the production of  
(T)  
90  
TABLE 204a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Industry  
Hazardous Waste from Specific Sources  
Number  
toluenediamine via hydrogenation of  
dinitrotoluene  
K114  
K115  
Vicinals from the purification of toluenediamine  
in the production of toluenediamine via  
hydrogenation of dinitrotoluene  
(T)  
(T)  
Heavy ends from the purification of  
toluenediamine in the production of  
toluenediamine via hydrogenation of  
dinitrotoluene  
K116  
K117  
K118  
K136  
K149  
Organic condensate from the solvent recovery  
column in the production of toluene diisocyanate  
via phosgenation of toluenediamine  
Wastewater from the reactor vent gas scrubber in  
the production of ethylene dibromide via  
bromination of ethane  
(T)  
(T)  
(T)  
(T)  
(T)  
Spent adsorbent solids from purification of  
ethylene dibromide in the production of ethylene  
dibromide via bromination of ethene  
Still bottoms from the purification of ethylene  
dibromide in the production of ethylene dibromide  
via bromination of ethene  
Distillation bottoms from the production of  
alpha- or methyl- chlorinated toluenes, ring-  
chlorinated toluenes, benzoyl chlorides, and  
compounds with mixtures of these functional  
groups. This waste does not include still bottoms  
from the distillation of benzyl chloride.  
Organic residuals, excluding spent carbon  
adsorbent, from the spent chlorine gas and  
hydrochloric acid recovery processes associated  
with the production of alpha or methyl-  
chlorinated toluenes, ring-chlorinated toluenes,  
benzoyl chlorides, and compounds with mixtures  
of these functional groups  
K150  
K151  
(T)  
(T)  
Wastewater treatment sludges, excluding  
neutralization and biological sludges, generated  
during the treatment of wastewaters from the  
production of alpha or methyl- chlorinated  
toluenes, ring-chlorinated toluenes, benzoyl  
chlorides, and compounds with mixtures of these  
functional groups  
91  
TABLE 204a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Industry  
Hazardous Waste from Specific Sources  
Number  
K156  
Organic waste, including heavy ends, still  
bottoms, light ends, spent solvents, filtrates, and  
decantates, from the production of carbamates and  
carbamoyl oximes. This listing does not apply to  
wastes generated from the manufacture of 3-iodo-  
2-propynyl n-butylcarbamate.  
Wastewaters, including scrubber waters,  
condenser waters, washwaters, and separation  
waters, from the production of carbamates and  
carbamoyl oximes. This listing does not apply to  
wastes generated from the manufacture of  
3-iodo-2-propynyl n-butylcarbamate.  
Baghouse dusts and filter/separation solids from  
the production of carbamates and carbamoyl  
oximes. This listing does not apply to wastes  
generated from the manufacture of 3-iodo-2-  
propynyl n-butylcarbamate.  
(T)  
(T)  
(T)  
K157  
K158  
K159  
K161  
Organics from the treatment of thiocarbamate  
wastes  
Purification solids, including filtration,  
(T)  
(R,T)  
evaporation, and centrifugation solids, bag house  
dust, and floor sweepings from the production of  
dithiocarbamates acids and their salts. This  
listing does not include K125 or K126.  
(T)  
Wastewater treatment sludges from the production  
of ethylene dichloride or vinyl chloride monomer,  
including sludges that result from commingled  
ethylene dichloride or vinyl chloride monomer  
wastewater and other wastewater, unless the  
sludges meet the following conditions: (1) they  
are disposed of in a hazardous waste landfill or a  
nonhazardous waste landfill licensed or permitted  
by the state or federal government, (2) they are not  
otherwise placed on the land before final disposal,  
and (3) the generator maintains documentation  
demonstrating that the waste was either disposed  
of in an on-site landfill or consigned to a  
transporter or disposal facility that provided a  
written commitment to dispose of the waste in an  
off-site landfill. Respondents in any action  
brought to enforce the requirements of RCRA or  
K174  
92  
TABLE 204a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Industry  
Hazardous Waste from Specific Sources  
Number  
part 111 shall, on a showing by the government  
that the respondent managed wastewater treatment  
sludges from the production of vinyl chloride  
monomer or ethylene dichloride, demonstrate that  
they meet the terms of the exclusion set forth in  
these rules. In doing so, the respondent shall  
provide appropriate documentation, such as  
contracts between the generator and the landfill  
owner or operator or invoices documenting  
delivery of the waste to the landfill, that the terms  
of the exclusion were met.  
Wastewater treatment sludges from the  
(T)  
(T)  
K175  
K181  
production of vinyl chloride monomer using  
mercuric chloride catalyst in an acetylene-based  
process  
Nonwastewaters from the production of dyes or  
pigments, including nonwastewaters commingled  
at the point of generation with nonwastewaters  
from other processes, that, at the point of  
generation, contain mass loadings of any of the  
K181 listing constituents identified in  
40 CFR 261.32(c) that are equal to or greater than  
the listing levels identified in 40 CFR 261.32(c),  
as determined on a calendar year basis. These  
wastes must not be considered hazardous if the  
nonwastewaters are managed in compliance with  
the requirements for this listing as outlined in of  
40 CFR 261.32(a). For this listing, dyes or  
pigments production is defined to include  
manufacture of the following product classes:  
dyes, pigments, or FDA-certified colors that are  
classified as azo, triarylmethane, perylene, or  
anthraquinone classes. Azo products include azo,  
monoazo, diazo, triazo, polyazo, azoic, benzidine,  
and pyrazolone products. Triarylmethane  
products include both triarylmethane and  
triphenylmethane products. Wastes that are not  
generated at a dyes or pigments manufacturing  
site, such as wastes from the offsite use,  
formulation, and packaging of dyes or pigments,  
are not included in this listing. The process for  
93  
TABLE 204a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Industry  
Hazardous Waste from Specific Sources  
Number  
demonstrating that a facility's nonwastewaters are  
not K181 is contained in 40 CFR 261.32(d). This  
K181 listing does not apply to wastes that are  
otherwise identified as hazardous waste under  
R 299.9212, R 299.9217, R 299.9220,  
R 299.9222, R 299.9224, or R 299.9225 at the  
point of generation. Also, the listing does not  
apply to the wastes generated before any annual  
mass loading limit is met.  
K071  
K073  
Brine purification muds from the mercury cell  
process in chlorine production, where separately  
pre-purified brine is not used  
Chlorinated hydrocarbon wastes from the  
purification step of the diaphragm cell process  
using graphite anodes in chlorine production  
Wastewater treatment sludge from the mercury  
cell process in chlorine production  
(T)  
(T)  
Inorganic  
Chemicals  
K106  
K176  
(T)  
(E)  
Baghouse filters from the production of  
antimony oxide, including filters from the  
production of intermediates  
K177  
K178  
Slag from the production of antimony oxide that is (T)  
speculatively accumulated or disposed, including  
slag from the production of intermediates  
Residues from manufacturing and manufacturing-  
site storage of ferric chloride from acids formed  
during the production of titanium dioxide using  
the chloride-ilmenite process  
(T)  
Pesticides  
K031  
K032  
K033  
By-product salts generated in the production of  
MSMA and cacodylic acid  
Wastewater treatment sludge from the production  
of chlordane  
Wastewater and scrub water from the  
chlorination of cyclopentadiene in the production  
of chlordane  
(T)  
(T)  
(T)  
K034  
Filter solids from the filtration of  
hexachlorocyclopentadiene in the production of  
chlordane  
(T)  
K035  
K036  
Wastewater treatment sludges generated in the  
production of creosote  
Still bottoms from toluene reclamation  
distillation in the production of disulfoton  
(T)  
(T)  
94  
TABLE 204a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Industry  
Hazardous Waste from Specific Sources  
Number  
K037  
Wastewater treatment sludges from the production (T)  
of disulfoton  
K038  
K039  
Wastewater from the washing and stripping of  
phorate production  
Filter cake from the filtration of  
diethylphosphorodithioic acid in the production of  
phorate  
(T)  
(T)  
K040  
K041  
K042  
Wastewater treatment sludge from the  
production of phorate  
Wastewater treatment sludge from the  
production of toxaphene  
Heavy ends of distillation residues from the  
distillation of tetrachlorobenzene in the  
production of 2,4,5-T  
(T)  
(T)  
(T)  
K043  
K097  
K098  
K099  
K123  
2,6-Dichlorophenol waste from the production of  
2,4-D  
Vacuum stripper discharge from the chlordane  
chlorinator in the production of chlordane  
Untreated process wastewater from the  
production of toxaphene  
Untreated wastewater from the production of  
2,4-D  
Process wastewater, including supernates, filtrates, (T)  
and washwaters, from the production of  
(T)  
(T)  
(T)  
(T)  
ethylenebisdithiocarbamic acid and its salt  
K124  
K125  
Reactor vent scrubber water from the production  
of ethylenebisdithiocarbamic acid and its salt  
Filtration, evaporation, and centrifugation solids  
from the production of  
(C,T)  
(T)  
ethylenebisdithiocarbamic acid and its salt  
K126  
K131  
Baghouse dust and floor sweepings in milling and (T)  
packaging operations from the production or  
formulation of ethylenebisdithiocarbamic acid and  
its salts  
Wastewater from the reactor and spent sulfuric  
acid from the acid dryer from the production of  
methyl bromide  
(C,T)  
K132  
K044  
Spent absorbent and wastewater separator solids  
from the production of methyl bromide  
Wastewater treatment sludges from the  
(T)  
(I)  
95  
TABLE 204a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Industry  
Hazardous Waste from Specific Sources  
Number  
Explosives  
manufacturing and processing of explosives  
Spent carbon from the treatment of wastewater  
containing explosives  
Wastewater treatment sludges from the  
manufacturing, formulation, and loading of lead-  
based initiating compounds  
K045  
K046  
(I)  
(T)  
K047  
K048  
Pink or red water from TNT operations  
Dissolved air floatation, DAF, float from the  
petroleum refining industry  
(I)  
(T)  
Petroleum  
Refining  
K049  
K050  
K051  
K052  
K169  
K170  
Slop oil emulsion solids from the petroleum  
refining industry  
Heat exchanger bundle cleaning sludge from the  
petroleum refining industry  
API separator sludge from the petroleum refining  
industry  
Tank bottoms, leaded, from the petroleum  
refining industry  
Crude oil storage tank sediment from petroleum  
refining operations  
Clarified slurry oil tank sediment or in-line  
filter/separation solids from petroleum refining  
operations, or both  
(T)  
(T)  
(T)  
(T)  
(T)  
(T)  
K171  
K172  
Spent hydrotreating catalyst from petroleum  
refining operations, including guard beds used to  
desulfurize feeds to other catalytic reactors. This  
listing does not include inert support media.  
Spent hydrorefining catalyst from petroleum  
refining operations, including guard beds used to  
desulfurize feeds to other catalytic reactors. This  
listing does not include inert support media.  
Emission control dust or sludge from the primary  
production of steel in electric furnaces  
Spent pickle liquor generated by steel finishing  
operations of facilities within the iron and steel  
industry  
(I, T)  
(I, T)  
Iron and Steel K061  
K062  
(T)  
(C,T)  
Primary  
Aluminum  
Secondary  
Lead  
K088  
K069  
Spent potliners from primary aluminum  
reduction  
Emission control dust or sludge from secondary  
lead smelting. This listing is stayed  
administratively for sludge generated from  
(T)  
(T)  
96  
TABLE 204a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Industry  
Hazardous Waste from Specific Sources  
Number  
secondary acid scrubber systems. The stay  
remains effective until further action is taken by  
the EPA and notice published in the Federal  
Register.  
K100  
K084  
K101  
Waste leaching solution from acid leaching of  
emission control dust sludge from secondary  
lead smelting  
Wastewater treatment sludges generated during  
the production of veterinary pharmaceuticals from  
arsenic or organo-arsenic compounds  
Distillation tar residues from the distillation of  
aniline-based compounds in the production of  
veterinary pharmaceuticals from arsenic or  
organo-arsenic compounds  
(T)  
(T)  
(T)  
Veterinary  
Pharmaceu-  
ticals  
K102  
K086  
Residue from the use of activated carbon for  
decolorization in the production of veterinary  
pharmaceuticals from arsenic or organo-arsenic  
compounds  
Solvent washes and sludges, caustic washes and  
sludges, or water washes and sludges from  
cleaning tubs and equipment used in the  
formulation of ink from pigments, driers, soaps,  
and stabilizers containing chromium and lead  
Ammonia still lime sludge from coking  
operations  
(T)  
(T)  
Ink  
Formulation  
Coking  
K060  
(T)  
K087  
K141  
Decanter tank tar sludge from coking operations  
Process residues from the recovery of coal tar,  
including, but not limited to, collecting sump  
residues from the production of coke from coal or  
the recovery of coke by-products produced from  
coal. This listing does not include K087.  
Tar storage tank residues from the production of  
coke from coal or from the recovery of coke  
by-products produced from coal  
Process residues from the recovery of light oil,  
including, but not limited to, those generated in  
stills, decanters, and wash oil recovery units from  
the recovery of coke by-products produced from  
coal  
(T)  
(T)  
K142  
K143  
(T)  
(T)  
K144  
Wastewater sump residues from light oil refining,  
including, but not limited to, intercepting or  
(T)  
97  
TABLE 204a  
EPA  
Hazardous  
Waste  
Hazard  
Code  
Industry  
Hazardous Waste from Specific Sources  
Number  
contamination sump sludges from the recovery of  
coke by-products produced from coal  
K145  
Residues from naphthalene collection and recovery (T)  
operations from the recovery of coke by-products  
produced from coal  
K147  
K148  
Tar storage tank residues from coal tar refining  
Residues from coal tar distillation, including, but  
not limited to, still bottoms  
(T)  
(T)  
R 299.9224 Table 205a; discarded commercial chemical products; off-specification  
species; container residues; and spill residues thereof as acutely hazardous wastes.  
Rule 224. Table 205a reads as follows:  
TABLE 205a  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
P023  
P002  
P057  
P058  
P002  
P003  
P070  
P203  
P004  
P005  
P006  
P007  
P008  
P009  
P119  
P099  
P010  
P012  
P011  
P012  
P038  
P036  
Services  
Number  
107-20-0 Acetaldehyde, chloro-  
591-08-2 Acetamide, N-(aminothioxomethyl)-  
640-19-7 Acetamide, 2-fluoro-  
62-74-8 Acetic acid, fluoro-, sodium salt  
591-08-2 1-Acetyl-2-thiourea  
107-02-8 Acrolein  
116-06-3 Aldicarb  
1646-88-4 Aldicarb sulfone  
309-00-2 Aldrin  
107-18-6 Allyl alcohol  
20859-73-8 Aluminum phosphide  
2763-96-4 5-(Aminomethyl)-3-isoxazolol  
504-24-5 4-Aminopyridine  
131-74-8 Ammonium picrate  
7803-55-6 Ammonium vanadate  
506-61-6 Argentate (1-), bis(cyano-C)-, potassium  
7778-39-4 Arsenic acid  
1327-53-3 Arsenic (III) oxide  
1303-28-2 Arsenic (V) oxide or arsenic pentoxide  
1327-53-3 Arsenic trioxide  
(R,T)  
(R)  
692-42-2 Arsine, diethyl-  
696-28-6 Arsonous dichloride, phenyl-  
98  
TABLE 205a  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
P054  
Services  
Number  
151-56-4 Aziridine  
P067  
P013  
75-55-8 Aziridine, 2-methyl-  
542-62-1 Barium cyanide  
P024  
P077  
P028  
106-47-8 Benzenamine, 4-chloro-  
100-01-6 Benzenamine, 4-nitro-  
100-44-7 Benzene, (chloromethyl)-  
1,2-Benzenediol, 4-[1-hydroxy-2-  
(methylamino)ethyl]-  
P042  
51-43-4  
(R)  
P046  
P014  
122-09-2 Benzeneethanamine, alpha, alpha-dimethyl-  
108-98-5 Benzenethiol  
7-benzofuranol, 2,3-dihydro-2,2-dimethyl-,  
methoycarbamate  
P127  
P188  
1563-66-2  
57-64-7 Benzoic acid, 2-hydroxy-, compd. with (3aS-cis) -  
1,2,3,3a,8,8a-hexahydro-1,3a,8- trimethylpyrrolo  
[2,3-b] indol-5-yl methylcarbamate ester (1:1)  
81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-  
phenylbutyl)-, and salts, when present at  
concentrations greater than 0.3%  
P001  
P028  
P015  
P017  
P018  
P045  
100-44-7 Benzyl chloride  
7440-41-7 Beryllium powder  
598-31-2 Bromoacetone  
357-57-3 Brucine  
39196-18-4 2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-  
[(methylamino) carbonyl] oxime  
P021  
P189  
592-01-8 Calcium cyanide or calcium cyanide Ca(CN)2  
55285-14-8 Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3-  
dihydro-2,2-dimethyl-7-benzofuranyl ester  
644-64-4 Carbamic acid, dimethyl-, 1-[(dimethyl-  
amino)carbonyl]-5-methyl-1H-pyrazol-3-yl ester  
119-38-0 Carbamic acid, dimethyl-, 3-methyl-1- (1-  
methylethyl)-1H-pyrazol-5-yl ester  
P191  
P192  
P190  
P127  
P022  
P095  
P189  
P023  
P024  
P026  
P027  
1129-41-5 Carbamic acid, methyl-, 3-methylphenyl ester  
1563-66-2 Carbofuran  
75-15-0 Carbon disulfide  
75-44-5 Carbonyl chloride  
55285-14-8 Carbosulfan  
107-20-0 Chloroacetaldehyde  
106-47-8 p-Chloroaniline  
5344-82-1 1-(o-Chlorophenyl)thiourea  
542-76-7 3-Chloropropionitrile  
99  
TABLE 205a  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
P029  
Services  
Number  
544-92-3 Copper cyanide or copper cyanide Cu(CN)  
64-00-6 m-Cumenyl methylcarbamate  
P202  
Cyanides (soluble cyanide salts), not elsewhere  
specified  
P030  
--------  
P031  
P033  
P034  
P016  
P036  
P037  
P038  
P041  
P040  
P043  
P004  
460-19-5 Cyanogen  
506-77-4 Cyanogen chloride or cyanogen chloride (CN)C1  
131-89-5 2-Cyclohexyl-4,6-dinitrophenol  
542-88-1 Dichloromethyl ether  
696-28-6 Dichlorophenylarsine  
60-57-1 Dieldrin  
692-42-2 Diethylarsine  
311-45-5 Diethyl-p-nitrophenyl phosphate  
297-97-2 O,O-Diethyl O-pyrazinyl phosphorothioate  
55-91-4 Diisopropyl fluorophosphate  
309-00-2 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-  
hexachloro-1,4,4a,5,8,8a-hexahydro-,  
(1alpha,4alpha,4abeta, 5alpha,8alpha,8abeta)-  
465-73-6 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-  
hexachloro-1,4,4a,5,8,8a-hexahydro-,  
(1alpha,4alpha,4abeta, 5beta,8beta,8abeta)-  
60-57-1 2,7:3,6-Dimethanonaphth[2,3-b]oxirene,  
3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-  
octahydro-, (1aalpha,2beta,2aalpha,  
P060  
P037  
3beta,6beta,6aalpha,7beta,7aalpha)-  
P051  
72-20-8 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-  
hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,  
2beta, 2abeta, 3alpha, 6alpha, 6abeta, 7beta,  
7aalpha)-, & metabolites  
P044  
P046  
P191  
P047  
P048  
P020  
P085  
P111  
P039  
P049  
P185  
60-51-5 Dimethoate  
122-09-8 alpha,alpha-Dimethylphenethylamine  
644-64-4 Dimetilan  
534-52-1 4,6-Dinitro-o-cresol and salts  
51-28-5 2,4-Dinitrophenol  
88-85-7 Dinoseb  
152-18-9 Diphosphoramide, octamethyl-  
107-49-3 Diphosphoric acid, tetraethyl ester  
298-04-4 Disulfoton  
541-53-7 2,4-Dithiobiuret  
26419-73-8 1,3-Dithiolane-2-carboxaldehyde, 2-4-dimethyl-,  
O-[(methylamino)- carbonyl]oxime  
100  
TABLE 205a  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
P050  
Services  
Number  
115-29-7 Endosulfan  
145-73-7 Endothall  
P088  
P051  
P042  
72-20-8 Endrin, and metabolites  
51-43-4 Epinephrine  
P031  
460-19-5 Ethanedinitrile  
P194  
23135-22-0 Ethanimidothioic acid, 2-(dimethylamino)-N-  
[[(methylamino) carbonyl]oxy]-2-oxo-, methyl  
ester  
P066  
16752-77-5 Ethanimidothioic acid, N-  
[[(methylamine)carbonyl] oxyl]-, methyl ester  
107-12-0 Ethyl cyanide  
P101  
P054  
P097  
P056  
P057  
P058  
P198  
P197  
P065  
P059  
P062  
P116  
P068  
P063  
P096  
P060  
P192  
P202  
P007  
P196  
151-58-4 Ethyleneimine  
52-85-7 Famphur  
7782-41-4 Fluorine  
640-19-7 Fluoroacetamide  
62-74-8 Fluoroacetic acid, sodium salt  
23422-53-9 Formetanate hydrochloride  
17702-57-7 Formparanate  
628-86-4 Fulminic acid, mercury (II) salt  
76-44-8 Heptachlor  
757-58-4 Hexaethyl tetraphosphate  
79-19-6 Hydrazinecarbothioamide  
60-34-4 Hydrazine, methyl-  
74-90-8 Hydrocyanic acid or hydrogen cyanide  
7803-51-2 Hydrogen phosphide  
465-73-6 Isodrin  
(R, T)  
119-38-0 Isolan  
64-00-6 3-Isopropylphenyl N-methylcarbamate  
2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)-  
15339-36-3 Manganese, bis(dimethylcarbamodithioato-S,S')-,  
or manganese, dimethyldithiocarbamate  
62-38-4 Mercury, (acetato-O)phenyl-  
628-86-4 Mercury fulminate  
P092  
P065  
P082  
P064  
P016  
P112  
P118  
P198  
(R, T)  
(R)  
62-75-9 Methanamine, N-methyl-N-nitroso-  
624-83-9 Methane, isocyanato-  
542-88-1 Methane, oxybis(chloro-  
509-14-8 Methane, tetranitro-  
75-70-7 Methanethiol, trichloro-  
23422-53-9 Methanimidamide, N,N-dimethyl-N'-[3-  
101  
TABLE 205a  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Services  
Number  
Number  
[[(methylamino)carbonyl]oxy]phenyl]-,  
monohydrochloride  
P197  
P050  
17702-57-7 Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-  
[[(methylamino)carbonyl]oxy]phenyl]-  
115-20-7 6,9-Methano-2,4,3-benzodioxathiepin,  
6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-  
, 3-oxide  
P059  
76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-  
heptachloro- 3a,4,7,7a-tetrahydro-  
P199  
P066  
P068  
P064  
P069  
P071  
P190  
P128  
P072  
P073  
P074  
P075  
2032-65-7 Methiocarb  
16752-77-5 Methomyl  
60-34-4 Methyl hydrazine  
624-83-9 Methyl isocyanate  
75-86-5 2-Methyllactonitrile  
298-00-0 Methyl parathion  
1129-41-5 Metolcarb  
315-18-4 Mexacarbate  
86-88-4 alpha-Naphthylthiourea  
13463-39-3 Nickel carbonyl or nickel carbonyl Ni(CO)4, (T-4)-  
557-19-7 Nickel cyanide or nickel (II) cyanide  
54-11-5 Nicotine and salts. This listing does not include  
patches, gums, and lozenges that are FDA-approved  
over-the-counter nicotine replacement therapies.  
10102-43-9 Nitric oxide  
100-01-6 p-Nitroaniline  
10102-44-0 Nitrogen dioxide or nitrogen (IV) oxide  
10102-43-9 Nitrogen (II) oxide  
P076  
P077  
P078  
P076  
P081  
P082  
P084  
P085  
P087  
P088  
P194  
P089  
P034  
P128  
55-63-0 Nitroglycerine  
(R)  
62-75-9 N-Nitrosodimethylamine  
4549-40-0 N-Nitrosomethylvinylamine  
152-16-9 Octamethylpyrophosphor-amide  
20816-12-0 Osmium oxide or osmium tetroxide  
145-73-3 7-Oxabicyclo [2.2.1] heptane-2,3-dicarboxylic acid  
23135-22-0 Oxamyl  
56-38-2 Parathion  
131-89-5 Phenol, 2-cyclohexyl-4,6-dinitro-  
315-18-4 Phenol, 4-(dimethylamino)-3,5-dimethyl-,  
methylcarbamate (ester)  
P199  
2032-65-7 Phenol, (3,5-dimethyl-4-(methylthio)-,  
methylcarbamate  
102  
TABLE 205a  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
P048  
Services  
Number  
51-28-5 Phenol, 2,4-dinitro-  
P047  
P202  
P201  
534-52-1 Phenol, 2-methyl-4,6-dinitro- and salts  
64-00-6 Phenol, 3-(1-methylethyl)-, methyl carbamate  
2631-37-0 Phenol, 3-methyl-5-(1-methylethyl)-, methyl  
carbamate  
P020  
P009  
P092  
P093  
P094  
P095  
P096  
P041  
P039  
88-85-7 Phenol, 2,4-dinitro-6-(1-methylpropyl)-  
131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt  
62-38-4 Phenylmercuric acetate  
103-85-5 N-Phenylthiourea  
298-02-2 Phorate  
75-44-5 Phosgene  
783-51-2 Phosphine  
311-45-5 Phosphoric acid, diethyl p-nitrophenyl ester  
298-04-4 Phosphorodithioic acid, O,O-diethyl S-[2-  
(ethylthio)ethyl] ester  
(R)  
P094  
P044  
298-02-2 Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)  
methyl] ester  
60-51-5 Phosphorodithioic acid, O,O-dimethyl S-O[2-  
(methylamino)-2-oxoethyl] ester  
P043  
P089  
55-91-4 Phosphorofluoridic acid, bis(1-methylethyl)ester  
56-38-2 Phosphorothioic acid, O,O-diethyl O-(4-  
nitrophenyl) ester  
P040  
P097  
P071  
297-97-2 Phosphorothioic acid, O,O-diethyl O-pyrazinyl  
ester  
52-85-7 Phosphorothioic acid, O,O-dimethyl O-[p-  
((dimethylamino) sulfonyl)phenyl] ester  
298-00-0 Phosphorothioic acid, O,O-dimethyl O-(4-  
nitrophenyl) ester  
P204  
P188  
P110  
P098  
P099  
P201  
P203  
57-47-6 Physostigmine  
57-64-7 Physostigmine salicylate  
78-00-2 Plumbane, tetraethyl-  
151-50-8 Potassium cyanide or potassium cyanide K(CN)  
506-61-6 Potassium silver cyanide  
2631-37-0 Promecarb  
1646-88-4 Propanal, 2-methyl-2-(methyl-sulfonyl)-,O-  
[(methylamino)carbonyl] oxime  
P070  
116-06-3 Propanal, 2-methyl-2-(methylthio)-, O-  
[(methylamino)carbonyl] oxime  
P101  
P027  
107-12-0 Propanenitrile  
542-76-7 Propanenitrile, 3-chloro-  
103  
TABLE 205a  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
P069  
P081  
P017  
P102  
P003  
P005  
P067  
P102  
P008  
P075  
Services  
Number  
75-86-5 Propanenitrile, 2-hydroxy-2-methyl-  
55-63-0 1,2,3-Propanetriol, trinitrate-  
596-31-2 2-Propanone, 1-bromo-  
107-19-7 Propargyl alcohol  
107-02-8 2-Propenal  
107-18-6 2-Propen-1-ol  
75-55-8 1,2-Propylenimine  
107-19-7 2-Propyn-1-ol  
504-24-5 4-Pyridinamine  
54-11-5 Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, and  
salts. This listing does not include patches, gums,  
and lozenges that are FDA-approved over-the-  
counter nicotine replacement therapies.  
57-47-6 Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-  
1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-  
cis)-  
(R)  
P204  
P114  
P103  
P104  
P105  
P106  
P108  
12039-52-0 Selenious acid, dithallium(1+) salt  
630-10-4 Selenourea  
506-64-9 Silver cyanide or silver cyanide Ag(CN)  
26628-22-8 Sodium azide  
143-33-9 Sodium cyanide or sodium cyanide Na(CN)  
57-24-9 Strychnidin-10-one, and salts, or strychnine and  
salts  
P018  
P115  
P109  
P110  
P111  
P112  
P062  
P113  
P114  
P115  
P109  
P045  
P049  
P014  
P116  
P026  
357-57-3 Strychnidin-10-one, 2,3-dimethoxy-  
7446-18-6 Sulfuric acid, thallium (I) salt  
3689-24-5 Tetraethyldithiopyrophosphate  
78-00-2 Tetraethyl lead  
107-49-3 Tetraethylpyrophosphate  
509-14-8 Tetranitromethane  
757-58-4 Tetraphosphoric acid, hexaethyl ester  
1314-32-5 Thallic oxide or thallium (III) oxide  
12039-52-0 Thallium (I) selenite  
7446-18-6 Thallium (I) sulfate  
3689-24-5 Thiodiphosphoric acid, tetraethyl ester  
39196-18-4 Thiofanox  
(R)  
541-53-7 Thioimidodicarbonic diamide  
108-98-5 Thiophenol  
79-19-6 Thiosemicarbazide  
5344-82-1 Thiourea, (2-chlorophenyl)-  
104  
TABLE 205a  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
P072  
Services  
Number  
86-88-4 Thiourea, 1-naphthalenyl-  
103-85-5 Thiourea, phenyl-  
P093  
P185  
26419-73-8 Tirpate  
P123  
8001-35-2 Toxaphene  
P118  
75-70-7 Trichloromethanethiol  
P119  
P120  
P084  
7803-55-6 Vanadic acid, ammonium salt  
1314-62-1 Vanadium (V) oxide or vanadium pentoxide  
4549-40-0 Vinylamine, N-methyl-N-nitroso-  
Warfarin, when present at concentrations greater  
than 0.3%  
P001  
81-81-2  
P205  
P121  
P122  
137-30-4 Zinc, bis(dismethylcarbamodithioato-S,S')-  
557-21-1 Zinc cyanide or zinc cyanide Zn(CN)2  
1314-84-7 Zinc phosphide, when present at concentrations  
greater than 10%  
(R, T)  
P205  
137-30-4 Ziram  
R 299.9225 Table 205b; discarded commercial chemical products; off-specification  
species; container residues; and spill residues thereof as toxic hazardous wastes.  
Rule 225. Table 205b reads as follows:  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U394  
Services  
Number  
30558-43-1 A2213  
75-07-0 Acetaldehyde  
U001  
(I)  
U034  
75-87-6 Acetaldehyde, trichloro-  
U187  
U005  
62-44-2 Acetamide, N-(4-ethoxyphenyl)-  
53-96-3 Acetamide, N-9H-fluoren-2-y1-  
Acetic acid, (2,4-dichlorophenoxy)-, salts and  
U240  
94-75-7  
esters  
U112  
U144  
U214  
See F027  
U002  
U003  
U004  
U005  
141-78-6 Acetic acid, ethyl ester  
301-04-2 Acetic acid, lead(2+) salt  
563-68-8 Acetic acid, thallium(1+) salt  
93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)-  
67-64-1 Acetone  
75-05-8 Acetonitrile  
98-86-2 Acetophenone  
53-96-3 2-Acetylaminofluorene  
(I)  
(I)  
(I, T)  
105  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U006  
U007  
U008  
U009  
U011  
U012  
U136  
U014  
U015  
U010  
Services  
Number  
75-36-5 Acetyl chloride  
79-06-1 Acrylamide  
79-10-7 Acrylic acid  
107-13-1 Acrylonitrile  
61-82-5 Amitrole  
62-53-3 Aniline  
75-60-5 Arsinic acid, dimethyl-  
492-80-8 Auramine  
(C, R, T)  
(I)  
(I, T)  
115-02-6 Azaserine  
50-07-7 Azirino(2',3':3,4)pyrrolo (1,2-a)indole-4,7-dione,  
6-amino-8-[((aminocarbonyl)oxy) methyl]-  
1,1a,2,8,8a,8b hexahydro-8a-methoxy-5-methyl-  
101-27-9 Barban  
U280  
U278  
U364  
U271  
U157  
U016  
U017  
22781-23-3 Bendiocarb  
22961-82-6 Bendiocarb phenol  
17804-35-2 Benomyl  
56-49-5 Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-  
225-51-4 Benz[c]acridine  
98-87-3 Benzal chloride  
Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-  
U192  
23950-58-5  
propynyl)-  
U018  
U094  
U012  
56-55-3 Benz[a]anthracene  
57-97-6 1,2-Benzanthracene, 7,12-dimethyl-  
62-53-3 Benzenamine  
(I, T)  
Benzenamine, 4,4'-carbonimidoylbis(N,N-  
U014  
492-80-8  
dimethyl-  
U049  
U093  
U328  
U353  
U158  
U222  
U181  
U019  
U038  
3165-93-3 Benzenamine, 4-chloro-2-methyl-  
60-11-7 Benzenamine, N,N-dimethyl-4-(phenylazo)-  
95-53-4 Benzenamine, 2-methyl-  
106-49-0 Benzenamine, 4-methyl-  
101-14-4 Benzenamine, 4,4'-methylenebis(2-chloro-  
636-21-5 Benzenamine, 2-methyl-, hydrochloride  
99-55-8 Benzenamine, 2-methyl-5-nitro  
71-43-2 Benzene  
510-15-8 Benzeneacetic acid, 4-chloro-alpha-(4-  
chlorophenyl)- alpha-hydroxy, ethyl ester  
101-55-3 Benzene, 1-bromo-4-phenoxy-  
(I, T)  
U030  
U035  
Benzenebutanoic acid, 4-[bis(2-chloroethyl)  
305-03-03  
amino]-  
106  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U037  
Services  
Number  
106-90-7 Benzene, chloro-  
25376-45-8 Benzenediamine, ar-methyl-  
1,2-Benzenedicarboxylic acid, [bis(2-ethyl-  
U221  
U028  
117-81-7  
hexyl)] ester  
U069  
U088  
U102  
U107  
U070  
U071  
U072  
84-74-2 1,2-Benzenedicarboxylic acid, dibutyl ester  
84-66-2 1,2-Benzenedicarboxylic acid, diethyl ester  
131-11-3 1,2-Benzenedicarboxylic acid, dimethyl ester  
117-84-0 1,2-Benzenedicarboxylic acid, di-n-octyl ester  
95-50-1 Benzene, 1,2-dichloro-  
541-73-1 Benzene, 1,3-dichloro-  
106-46-7 Benzene, 1,4-dichloro-  
Benzene, 1,1'-(2,2-dichloroethylidene)bis=[4-  
chloro-  
U060  
72-54-8  
U017  
U223  
U239  
U201  
U127  
U056  
U220  
U105  
U106  
U055  
U169  
U183  
U185  
U020  
98-87-3 Benzene (dichloromethyl)-  
26471-62-5 Benzene, 1,3-diisocyanatomethyl-  
1330-20-7 Benzene, dimethyl-  
108-46-3 1,3-Benzenediol  
(R, T)  
(I)  
118-74-1 Benzene, hexachloro-  
110-82-7 Benzene, hexahydro-  
108-88-3 Benzene, methyl-  
121-14-2 Benzene, 1-methyl-2,4-dinitro-  
606-20-2 Benzene, 1-methyl-2,6-dinitro-  
98-82-8 Benzene, (1-methylethyl)-  
98-95-3 Benzene, nitro-  
608-93-5 Benzene, pentachloro-  
82-68-8 Benzene, pentachloronitro-  
98-09-9 Benzenesulfonic acid chloride or  
benzenesulfonyl chloride  
(I)  
(I)  
(I, T)  
(C, R)  
U207  
U061  
95-94-3 Benzene, 1,2,4,5-tetrachloro-  
50-29-3 Benzene, 1,1'-(2,2,2-trichloroethylidene)=bis [4-  
chloro-  
U247  
72-43-5 Benzene, 1,1'-(2,2,2-trichloroethylidene)=bis [4-  
methoxy-  
U023  
U234  
U021  
98-07-7 Benzene, (trichloromethyl)-  
99-35-4 Benzene, 1,3,5-trinitro-  
92-87-5 Benzidine  
(C, R, T)  
(R, T)  
1,2-Benzisothiazol-3-(2H)-one, 1,1-dioxide and  
salts  
U202  
U278  
81-07-2  
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl  
22781-23-3  
carbamate  
107  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U364  
U203  
U141  
U090  
U367  
U064  
U248  
Services  
Number  
22961-82-6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,  
94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-  
120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-  
94-58-6 1,3-Benzodioxole, 5-propyl-  
1563-38-8 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-  
189-55-9 Benzo[rst]pentaphene  
81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-  
phenylbutyl)-, and salts, when present at  
concentrations of 0.3% or less  
U022  
U197  
U023  
U085  
U021  
U073  
U091  
U095  
U225  
U030  
U128  
U172  
U031  
U159  
U160  
U053  
U074  
U143  
50-32-8 Benzo[a]pyrene  
106-51-4 p-Benzoquinone  
98-07-7 Benzotrichloride  
1464-53-5 2,2'-Bioxirane  
92-87-5 (1,1'-Biphenyl)-4,4'-diamine  
91-94-1 (1,1'-Biphenyl)-4,4'-diamine, 3,3'-dichloro-  
119-90-4 (1,1'-Biphenyl)-4,4'-diamine, 3,3'-dimethoxy-  
119-93-7 (1,1'-Biphenyl)-4,4'-diamine, 3,3'-dimethyl-  
75-25-2 Bromoform  
101-55-3 4-Bromophenyl phenyl ether  
87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro-  
924-16-3 1-Butanamine, N-butyl-N-nitroso-  
71-36-3 1-Butanol  
78-93-3 2-Butanone  
1338-23-4 2-Butanone peroxide  
4170-30-3 2-Butenal  
764-41-0 2-Butene, 1,4-dichloro-  
303-34-4 2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-  
(1-methoxyethyl)-3-methyl-1-  
(C, R, T)  
(I, T)  
(I)  
(I, T)  
(R, T)  
(I, T)  
oxybutoyx]methyl]-2,3,5,7a-tetrahydro-1H-  
pyrrolizin-1-y1 ester, [1S-  
[1alpha(Z),7(2S*,3R*), 7aalpha]]-  
U031  
U136  
U032  
71-36-3 n-Butyl alcohol  
75-60-5 Cacodylic acid  
13765-19-0 Calcium chromate  
(I)  
Carbamic acid, 1H-benzimidazol-2-yl, methyl  
ester  
17804-35-2 Carbamic acid, [1-[(butylamino)carbonyl]-1H-  
benzimidazol-2-yl]-, methyl ester  
U372  
U271  
10605-21-7  
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-  
butynyl ester  
U280  
101-27-9  
108  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U238  
Services  
Number  
51-79-6 Carbamic acid, ethyl ester  
815-53-2 Carbamic acid, methylnitroso-, ethyl ester  
122-42-9 Carbamic acid, phenyl-, 1-methylethyl ester  
23564-05-8 Carbamic acid, [1,2-  
phenylenebis(iminocarbonothioyl)]bis-, dimethyl  
ester  
U178  
U373  
U409  
U097  
U114  
79-44-7 Carbamic chloride, dimethyl  
111-54-6 Carbamodithioic acid, 1,2-ethanediylbis-, salts  
and esters  
U062  
U389  
U387  
2303-16-4 Carbamodithioic acid, bis(1-methylethyl)-, S-  
(2,3-dichloro-2-propenyl) ester  
2303-17-5 Carbamothioic acid, bis(1-methylethyl)-, S-  
(2,3,3-trichloro-2-propenyl) ester  
52888-80-9 Carbamothioic acid, dipropyl-, S-(phenylmethyl)  
ester  
U279  
U372  
U367  
U215  
U156  
U033  
U211  
U034  
U035  
U036  
U026  
U037  
U038  
U039  
U042  
U044  
U046  
U047  
U048  
U049  
U032  
U050  
U051  
U052  
63-25-2 Carbaryl  
10605-21-7 Carbendazim  
1563-38-8 Carbofuran phenol  
6533-73-9  
Carbonic acid, dithallium(1+) salt  
79-22-1 Carbonochloridic acid, methyl ester  
353-50-4 Carbon oxyfluoride  
56-23-5 Carbon tetrachloride  
75-87-6 Chloral  
305-03-3 Chlorambucil  
57-74-9 Chlordane, technical  
494-03-1 Chlornaphazine  
(I, T)  
(R, T)  
108-90-7 Chlorobenzene  
510-15-6 Chlorobenzilate  
59-50-7 4-Chloro-m-cresol  
110-75-8 2-Chloroethyl vinyl ether  
67-66-3 Chloroform  
107-30-2 Chloromethyl methyl ether  
91-58-7 beta-Chloronaphthalene  
95-57-8 o-Chlorophenol  
3165-93-3 4-Chloro-o-toluidine, hydrochloride  
13765-19-0 Chromic acid, calcium salt  
218-01-9 Chrysene  
------ Creosote  
1319-77-3 Cresylic acid  
109  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U053  
Services  
Number  
4170-30-3 Crotonaldehyde  
98-82-8 Cumene  
U055  
(I)  
(I)  
(I)  
U246  
506-68-3 Cyanogen bromide  
U197  
U056  
106-51-4 1,4-Cyclohexadienedione  
110-82-7 Cyclohexane  
U129  
58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,  
2alpha,3beta,4alpha, 5alpha,6beta)-  
108-94-1 Cyclohexanone  
U057  
U130  
U058  
U240  
U059  
U060  
U061  
U062  
U063  
U064  
U066  
U069  
U070  
U071  
U072  
U073  
U074  
U075  
U078  
U079  
U025  
U027  
U024  
U081  
U082  
U084  
U085  
U108  
U395  
U028  
U086  
U087  
77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-hexa-chloro-  
50-18-0 Cyclophosphamide  
94-75-7 2,4-D, salts and esters  
20830-81-3 Daunomycin  
72-54-8 DDD  
50-29-3 DDT  
2303-16-4 Diallate  
53-70-3 Dibenz[a,h]anthracene  
189-55-9 Dibenz[a,i]pyrene  
96-12-8 1,2-Dibromo-3-chloropropane  
84-74-2 Dibutyl phthalate  
95-50-1 o-Dichlorobenzene  
541-73-1 m-Dichlorobenzene  
106-46-7 p-Dichlorobenzene  
91-94-1 3,3'-Dichlorobenzidine  
764-41-0 1,4-Dichloro-2-butene  
75-71-8 Dichlorodifluoromethane  
75-35-4 1,1-Dichloroethylene  
156-60-5 1,2-Dichloroethylene  
111-44-4 Dichloroethyl ether  
108-60-1 Dichloroisopropyl ether  
111-91-7 Dichloromethoxy ethane  
120-83-2 2,4-Dichlorophenol  
87-65-0 2,6-Dichlorophenol  
542-75-6 1,3-Dichloropropene  
1464-53-5 1,2:3,4-Diepoxybutane  
123-91-1 1,4-Diethylene dioxide  
5952-26-1 Diethylene glycol, dicarbamate  
117-81-7 Diethylhexyl phthalate  
1615-80-1 N,N-Diethylhydrazine  
3288-58-2 O,O-Diethyl-S-methyl-dithiophosphate  
(I, T)  
(I, T)  
110  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U088  
U089  
U090  
U091  
U092  
U093  
U094  
U095  
U096  
U097  
U098  
U099  
U101  
U102  
U103  
U105  
U106  
U107  
U108  
U109  
U110  
U111  
U041  
U001  
U174  
U404  
U155  
Services  
Number  
84-66-2 Diethyl phthalate  
56-53-1 Diethylstilbestrol  
94-58-6 Dihydrosafrole  
119-90-4 3,3'-Dimethoxybenzidine  
124-40-3 Dimethylamine  
(I)  
60-11-7 Dimethylaminoazobenzene  
57-97-6 7,12-Dimethylbenz[a]anthracene  
119-93-7 3,3'-Dimethylbenzidine  
80-15-9 alpha,alpha-Dimethyl-benzylhydroperoxide  
79-44-7 Dimethylcarbamoyl chloride  
57-14-7 1,1-Dimethylhydrazine  
540-73-8 1,2-Dimethylhydrazine  
105-67-9 2,4-Dimethylphenol  
131-11-3 Dimethyl phthalate  
77-78-1 Dimethyl sulfate  
121-14-2 2,4-Dinitrotoluene  
606-20-2 2,6-Dinitrotoluene  
117-84-0 Di-n-octyl phthalate  
123-91-1 1,4-Dioxane  
(R)  
122-66-7 1,2-Diphenylhydrazine  
142-84-7 Dipropylamine  
621-64-7 Di-n-propylnitrosamine  
106-89-8 Epichlorhydrin  
(I)  
(I)  
75-07-0 Ethanal  
55-18-5 Ethanamine, N-ethyl-N-nitroso-  
121-44-8 Ethanamine, N,N-diethyl-  
91-80-5 1,2-Ethanediamine, N,N-dimethyl-N'-2-  
pyridinyl-N'-(2-thienylmethyl)-  
U067  
U076  
U077  
U131  
U024  
U117  
U025  
U184  
U208  
U209  
U218  
106-93-4 Ethane, 1,2-dibromo-  
75-34-3 Ethane, 1,1-dichloro-  
107-06-2 Ethane, 1,2-dichloro-  
67-72-1 Ethane, 1,1,1,2,2,2-hexachloro-  
111-91-1 Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro-  
60-29-7 Ethane, 1,1'-oxybis-  
111-44-4 Ethane, 1,1'-oxybis[2-chloro-  
76-01-7 Ethane, pentachloro-  
630-20-6 Ethane, 1,1,1,2-tetrachloro-  
79-34-5 Ethane, 1,1,2,2-tetrachloro-  
62-55-5 Ethanethioamide  
(I)  
111  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U226  
Services  
Number  
71-55-6 Ethane, 1,1,1-trichloro-  
79-00-5 Ethane, 1,1,2-trichloro-  
U227  
U410  
59669-26-0 Ethanimidothioic acid, N,N'-  
[thiobis[(methylimino) carbonyloxy]]bis-,  
dimethyl ester  
U394  
30558-43-1 Ethanimidothioic acid, 2-(dimethylamino)-n-  
hydroxy-2-oxo- methyl ester  
U359  
U173  
U395  
U004  
U043  
U042  
U078  
U079  
U210  
U228  
U112  
U113  
U238  
U117  
U114  
U067  
U077  
U359  
U115  
U116  
U076  
U118  
U119  
U120  
U122  
U123  
U124  
U125  
U147  
U213  
U125  
U124  
110-80-5 Ethanol, 2-ethoxy-  
1116-54-7 Ethanol, 2,2'-(nitrosoimino)bis-  
5952-26-1 Ethanol, 2,2'-oxybis-, dicarbamate  
98-86-2 Ethanone, 1-phenyl  
75-01-4 Ethene, chloro-  
110-75-8 Ethene, 2-chloroethoxy-  
75-35-4 Ethene, 1,1-dichloro-  
156-60-5 Ethene, trans-1,2-dichloro-  
127-18-4 Ethene, 1,1,2,2-tetrachloro-  
79-01-6 Ethene, trichloro-  
141-78-8 Ethyl acetate  
140-88-5 Ethyl acrylate  
51-79-6 Ethyl carbamate (urethane)  
60-29-7 Ethyl ether  
111-54-6 Ethylenebis(dithiocarbamic acid), salts and ester  
106-93-4 Ethylene dibromide  
107-06-2 Ethylene dichloride  
110-80-5 Ethylene glycol monoethyl ether  
75-21-8 Ethylene oxide  
(I)  
(I)  
(I)  
(I, T)  
96-45-7 Ethylene thiourea  
75-34-3 Ethylidene dichloride  
97-63-2 Ethyl methacrylate  
62-50-0 Ethyl methanesulfonate  
206-44-0 Fluoranthene  
50-00-0 Formaldehyde  
64-18-6 Formic acid  
110-00-9 Furan  
98-01-1 2-Furancarboxaldehyde  
108-31-6 2,5-Furandione  
109-99-9 Furan, tetrahydro-  
98-01-1 Furfural  
110-00-9 Furfuran  
(C, T)  
(I)  
(I)  
(I)  
(I)  
(I)  
112  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U206  
Services  
Number  
18883-66-4 Glucopyranose, 2-deoxy-2-(3-methyl-3-  
nitrosoureido)-, D-  
U206  
18883-66-4 D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)  
carbonyl] amino]-  
U126  
U163  
U127  
U128  
U130  
U131  
U132  
U243  
U133  
U086  
U098  
U099  
U109  
U134  
U135  
U096  
U116  
U137  
U190  
U140  
U141  
U142  
U143  
U144  
U146  
U145  
U146  
U129  
U163  
U147  
U148  
U149  
U150  
U151  
U152  
765-34-4 Glycidylaldehyde  
70-25-7 Guanidine, N-methyl-N'-nitro-N-nitroso-  
118-74-1 Hexachlorobenzene  
87-68-3 Hexachlorobutadiene  
77-47-4 Hexachlorocyclopentadiene  
67-72-1 Hexachloroethane  
70-30-4 Hexachlorphene  
1888-71-7 Hexachloropropene  
302-01-2 Hydrazine  
1615-80-1 Hydrazine, 1,2-diethyl-  
57-14-7 Hydrazine, 1,1-dimethyl-  
540-73-8 Hydrazine, 1,2-dimethyl-  
122-66-7 Hydrazine, 1,2-diphenyl-  
7664-39-3 Hydrofluoric acid or hydrogen fluoride  
7783-06-4 Hydrogen sulfide or hydrogen sulfide H2S  
80-15-9 Hydroperoxide, 1-methyl-1-phenylethyl-  
96-45-7 2-Imidazolidinethione  
193-39-5 Indeno[1,2,3cd]pyrene  
85-44-9 1,3-Isobenzofurandione  
78-83-1 Isobutyl alcohol  
120-58-1 Isosafrole  
143-50-0 Kepone  
303-34-4 Lasiocarpine  
301-04-2 Lead acetate  
1335-32-6 Lead, bis(acetato-O) tetrahydroxytri-  
7446-27-7 Lead phosphate  
1335-32-6 Lead subacetate  
58-89-9 Lindane  
70-25-7 MNNG  
108-31-6 Maleic anhydride  
123-33-1 Maleic hydrazide  
109-77-3 Malononitrile  
148-82-3 Melphalan  
7439-97-6 Mercury  
126-98-7 Methacrylonitrile  
(R, T)  
(C, T)  
(R)  
(I, T)  
(I, T)  
113  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U092  
U029  
U045  
U046  
U068  
U080  
U075  
U138  
U119  
U211  
U153  
U225  
U044  
U121  
U036  
Services  
Number  
124-40-3 Methanamine, N-methyl-  
74-83-9 Methane, bromo-  
74-87-3 Methane, chloro-  
(I)  
(I, T)  
107-30-2 Methane, chloromethoxy-  
74-95-3 Methane, dibromo-  
75-09-2 Methane, dichloro-  
75-71-8 Methane, dichlorodifluoro-  
74-88-4 Methane, iodo-  
62-50-0 Methanesulfonic acid, ethyl ester  
56-23-5 Methane, tetrachloro-  
74-93-1 Methanethiol  
75-25-2 Methane, tribromo-  
67-66-3 Methane, trichloro-  
75-69-4 Methane, trichlorofluoro-  
57-74-9 4,7-Methanoindan, 1,2,4,5,6,7,8,8-octachloro-  
3a,4,7,7a-tetrahydro  
(I, T)  
U154  
U155  
U142  
67-56-1 Methanol  
91-80-5 Methapyrilene  
143-50-0 1,3,4-Metheneo-2H-cyclobuta[cd]pentalen-2-  
one,1,1a,3,3a, 4,5,5,5a,5b,6-decachlorooctahydro-  
72-43-5 Methoxychlor  
67-56-1 Methyl alcohol  
74-83-9 Methyl bromide  
504-60-9 1-Methylbutadiene  
74-87-3 Methyl chloride  
79-22-1 Methyl chlorocarbonate  
71-55-6 Methylchloroform  
56-49-5 3-Methylcholanthrene  
101-14-4 4,4'-Methylenebis(2-chloroaniline)  
74-95-3 Methylene bromide  
75-09-2 Methylene chloride  
78-93-3 Methyl ethyl ketone  
1338-23-4 Methyl ethyl ketone peroxide  
74-88-4 Methyl iodide  
108-10-1 Methyl isobutyl ketone  
80-62-6 Methyl methacrylate  
108-10-1 4-Methyl-2-pentanone  
56-04-2 Methylthiouracil  
(I)  
(I)  
U247  
U154  
U029  
U186  
U045  
U156  
U226  
U157  
U158  
U068  
U080  
U159  
U160  
U138  
U161  
U162  
U161  
U164  
U010  
(I)  
(I, T)  
(I, T)  
(I, T)  
(R, T)  
(I)  
(I, T)  
(I)  
50-07-7 Mitomycin  
(C)  
114  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U059  
Services  
Number  
20830-81-3 5,12-Naphthacenedione, (8S-cis)-8-acetyl-10-  
[(3-amino-2,3,6-trideoxy-alpha-L-  
lyxohexopyranosyl)oxyl]- 7,8,9,10-tetrahydro-  
6,8,11-trihydroxy-1-methoxy-  
U167  
U168  
U026  
U165  
U047  
U166  
U236  
134-32-7 1-Naphthalenamine  
91-59-8 2-Naphthalenamine  
494-03-1 Naphthalenamine, N,N'-bis(2-chloroethyl)-  
91-20-3 Naphthalene  
91-58-7 Naphthalene, 2-chloro-  
130-15-4 1,4-Naphthalenedione  
72-57-1 2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-  
dimethyl-(1,1-biphenyl)-4,4'diyl)]-bis(azo)bis (5-  
amino-4-hydroxy)-, tetrasodium salt  
63-25-2 1-Naphthalenol, methylcarbamate  
130-15-4 1,4-Naphthoquinone  
U279  
U166  
U167  
U168  
U217  
U169  
U170  
U171  
U172  
U173  
U174  
U176  
U177  
U178  
U179  
U180  
U181  
U193  
U058  
134-32-7 alpha-Naphthylamine  
91-59-8 beta-Naphthylamine  
10102-45-1 Nitric acid, thallium(1+) salt  
98-95-3 Nitrobenzene  
(I, T)  
(I, T)  
100-02-7 p-Nitrophenol  
79-46-9 2-Nitropropane  
924-16-3 N-Nitrosodi-n-butylamine  
1116-54-7 N-Nitrosodiethanolamine  
55-18-5 N-Nitrosodiethylamine  
759-73-9 N-Nitroso-N-ethylurea  
684-93-5 N-Nitroso-N-methylurea  
615-53-2 N-Nitroso-N-methylurethane  
100-75-4 N-Nitrosopiperidine  
930-55-2 N-Nitrosopyrrolidine  
99-55-8 5-Nitro-o-toluidine  
1120-71-4 1,2-Oxathiolane, 2,2-dioxide  
50-18-0 2H-1,3,2-Oxazaphosphorin, 2-amine, N,N-bis(2-  
chloroethyl) tetrahydro-, 2-oxide  
75-21-8 Oxirane  
U115  
U126  
U041  
U182  
U183  
U184  
(I, T)  
765-34-4 Oxiranecarboxyaldehyde  
106-89-8 Oxirane, 2-(chloromethyl)-  
123-63-7 Paraldehyde  
608-93-5 Pentachlorobenzene  
76-01-7 Pentachloroethane  
115  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U185  
See F027  
U186  
Services  
Number  
82-68-8 Pentachloronitrobenzene  
87-86-5 Pentachlorophenol  
504-60-9 1,3-Pentadiene  
U161  
108-10-1 Pentanol, 4-methyl-  
U187  
62-44-2 Phenacetin  
U188  
108-95-2 Phenol  
U048  
95-57-8 Phenol, 2-chloro-  
U039  
U081  
U082  
59-50-7 Phenol, 4-chloro-3-methyl-  
120-83-2 Phenol, 2,4-dichloro-  
87-65-0 Phenol, 2,6-dichloro-  
U089  
U101  
U052  
56-53-1 Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)-  
105-67-9 Phenol, 2,4-dimethyl-  
1319-77-3 Phenol, methyl-  
U132  
U411  
U170  
70-30-4 Phenol, 2,2'-methylenebis[3,4,6-trichloro-  
114-26-1 Phenol, 2-(1-methylethoxy)-, methylcarbamate  
100-02-7 Phenol, 4-nitro-  
See F027  
See F027  
See F027  
See F027  
U150  
87-86-5 Phenol, pentachloro-  
58-90-2 Phenol, 2,3,4,6-tetrachloro-  
95-95-4 Phenol, 2,4,5-trichloro-  
88-06-2 Phenol, 2,4,6-trichloro-  
148-82-3 L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-  
7446-27-7 Phosphoric acid, lead salt  
3288-58-2 Phosphorodithioic acid, 0,0-diethyl-S-methyl  
ester  
U145  
U087  
U189  
U190  
U191  
U179  
U192  
U194  
U111  
U110  
U066  
U083  
U149  
U171  
U027  
U193  
See F027  
1314-80-3 Phosphorus sulfide  
85-44-9 Phthalic anhydride  
109-06-8 2-Picoline  
100-75-4 Piperidine, 1-nitroso-  
23950-58-5 Pronamide  
(R)  
107-10-8 1-Propanamine  
(I, T)  
(I)  
621-64-7 1,Propanamine, N-nitroso-N-propyl-  
142-84-7 1-Propanamine, N-propyl-  
96-12-8 Propane, 1,2-dibromo-3-chloro-  
78-87-5 Propane, 1,2-dichloro-  
109-77-3 Propanedinitrile  
79-46-9 Propane, 2-nitro-  
(I, T)  
108-60-1 Propane, 2,2'oxybis[2-chloro-  
1120-71-4 1,3-Propane sultone  
93-72-1 Propionic acid, 2-(2,4,5-trichlorphenoxy)-  
116  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U235  
U140  
U002  
U007  
U084  
U243  
U009  
U152  
U008  
U113  
U118  
U162  
U373  
U411  
U194  
U083  
U387  
U148  
U196  
U191  
U237  
Services  
Number  
126-72-7 1-Propanol, 2,3-dibromo-, phosphate (3:1)  
78-83-1 1-Propanol, 2-methyl-  
67-64-1 2-Propanone  
(I, T)  
(I)  
79-06-1 2-Propenamide  
542-75-6 Propene, 1,3-dichloro-  
1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloro-  
107-13-1 2-Propenenitrile  
126-98-7 2-Propenenitrile, 2-methyl-  
79-10-7 2-Propenoic acid  
140-88-5 2-Propenoic acid, ethyl ester  
97-63-2 2-Propenoic acid, 2-methyl-, ethyl ester  
80-62-6 2-Propenoic acid, 2-methyl-, methyl ester  
122-42-9 Propham  
114-26-1 Propoxur  
107-10-8 n-Propylamine  
78-87-5 Propylene dichloride  
52888-80-9 Prosulfocarb  
(I, T)  
(I)  
(I)  
(I, T)  
(I, T)  
123-33-1 3,6-Pyridazinedione, 1,2-dihydro-  
110-86-1 Pyridine  
109-06-8 Pyridine, 2-methyl-  
66-75-1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-  
chloroethyl)amino]-  
U164  
56-04-2 4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-  
thioxo-  
U180  
U200  
U201  
U203  
U204  
U205  
U015  
See F027  
U206  
U103  
U189  
See F027  
U207  
U208  
U209  
930-55-2 Pyrrole, tetrahydro-N-nitroso-  
50-55-5 Reserpine  
108-46-3 Resorcinol  
94-59-7 Safrole  
7783-00-8 Selenious acid or selenium dioxide  
7488-56-4 Selenium sulfide or selenium sulfide SeS2  
115-02-6 L-Serine, diazoacetate (ester)  
93-72-1 Silvex  
18883-66-4 Streptozotocin  
77-78-1 Sulfuric acid, dimethyl ester  
1314-80-3 Sulfur phosphide  
(R, T)  
(R)  
93-76-5 2,4,5-T  
95-94-3 1,2,4,5-Tetrachlorobenzene  
630-20-6 1,1,1,2-Tetrachloroethane  
79-34-5 1,1,2,2-Tetrachloroethane  
117  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U210  
Services  
Number  
127-18-4 Tetrachloroethylene  
See F027  
U213  
58-90-2 2,3,4,6-Tetrachlorophenol  
109-99-9 Tetrahydrofuran  
(I)  
U214  
U215  
U216  
U217  
563-68-8 Thallium (I) acetate  
6533-73-9 Thallium (I) carbonate  
7791-12-0 Thallium (I) chloride or thallium chloride TlCl  
10102-45-1 Thallium (I) nitrate  
62-55-5 Thioacetamide  
U218  
U410  
59669-26-0 Thiodicarb  
U153  
74-93-1 Thiomethanol  
(I, T)  
U244  
137-26-8 Thioperoxydicarbonic diamide [(H2N)C(S)]252,  
tetramethyl-  
U409  
U219  
U244  
U220  
U221  
U223  
U328  
U353  
U222  
U389  
U011  
U227  
U228  
U121  
See F027  
See F027  
U404  
U234  
U182  
U235  
U236  
U237  
U176  
U177  
U043  
U248  
23564-05-8 Thiophanate-methyl  
62-56-6 Thiourea  
137-26-8 Thiram  
108-88-3 Toluene  
25376-45-8 Toluenediamine  
26471-62-5 Toluene diisocyanate  
95-53-4 o-Toluidine  
106-49-0 p-Toluidine  
636-21-5 o-Toluidine hydrochloride  
2303-17-5 Triallate  
61-82-5 1H-1,2,4-Triazol-3-amine  
79-00-5 1,1,2-Trichloroethane  
79-01-6 Trichloroethylene  
75-69-4 Trichloromonofluoromethane  
95-95-4 2,4,5-Trichlorophenol  
88-06-2 2,4,6-Trichlorophenol  
121-44-8 Triethylamine  
(R, T)  
99-35-4 1,3,5-Trinitrobenzene  
123-63-7 1,3,5-Trioxane, 2,4,6-trimethyl-  
126-72-7 Tris(2,3-Dibromopropyl) phosphate  
72-57-1 Trypan blue  
(R, T)  
66-75-1 Uracil mustard  
759-73-9 Urea, N-ethyl-N-nitroso-  
684-93-5 Urea, N-methyl-N-nitroso-  
75-01-4 Vinyl chloride  
81-81-2 Warfarin, and salts, when present at a concentration  
of 0.3% or less  
118  
TABLE 205b  
EPA  
Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
U239  
Services  
Number  
1330-20-7 Xylene  
(I)  
U200  
50-55-5 Yohimban-16-carboxylic acid, 11,17-dimethoxy-  
18-[(3,4,5-trimethoxy-benzoyl)oxy]-, methyl  
ester  
U249  
1314-84-7 Zinc phosphide, when present at concentration  
10% or less  
R 299.9226 Table 205c; discarded commercial chemical products; off-specification  
species; container residues; and spill residues thereof as toxic hazardous wastes.  
Rule 226. Table 205c reads as follows:  
TABLE 205c  
Michigan Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
001U  
002U  
003U  
004U  
005U  
007U  
011U  
012U  
014U  
020U  
160U  
023U  
027U  
029U  
032U  
033U  
150U  
036U  
038U  
151U  
040U  
042U  
046U  
051U  
Services  
Number  
50-76-0 Actinomycin D  
107-05-1 Allyl chloride  
117-79-3 2-aminoanthraquinone  
60-09-3 Aminoazobenzene  
97-56-3 O-aminoazotoluene  
132-32-1 3-amino-9-ethyl carbazole  
90-04-0 o-Anisidine  
134-29-2 o-Anisidine hydrochloride  
1397-94-0 Antimycin A  
1689-84-5 Bromoxynil  
106-99-0 1,3-Butadiene  
133-06-2 Captan  
786-19-6 Carbophenothion  
2921-88-2 Chloropyrifos  
7782-50-5 Chlorine gas  
107-07-3 2-Chloroethanol  
106-48-9 p-chlorophenol  
5131-60-2 4-chloro-m-phenylenediamine  
126-99-8 Chloroprene  
96-79-4 5-chloro-o-toluidene  
1420-04-8 Clonitralid  
56-72-4 Coumaphos  
66-81-9 Cycloheximide  
333-41-5 Diazinon  
119  
TABLE 205c  
Michigan Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
052U  
054U  
056U  
165U  
057U  
061U  
068U  
070U  
073U  
074U  
075U  
076U  
078U  
079U  
086U  
094U  
097U  
098U  
100U  
104U  
106U  
108U  
Services  
Number  
117-80-6 Dichlone  
62-73-7 Dichlorvos  
64-67-5 Diethyl sulfate  
105-55-5 N,N'-Diethylthiourea  
39300-45-3 Dinocap  
563-12-2 Ethion  
680-31-9 Hexamethyl phosphoramide  
123-31-9 Hydroquinone  
54-85-3 Isonicotinic acid hydrazide  
463-51-4 Ketene  
78-97-7 Lactonitril  
21609-90-5 Leptophos  
569-64-2 Malachite green  
121-75-5 Malathion  
90-12-0 1-Methylnaphthalene  
300-76-5 Naled  
61-57-4 Niridazole  
139-94-6 Nithiazide  
99-59-2 Nitro-o-anisidine  
51-75-2 Nitrogen mustard  
156-10-5 p-Nitrosodiphenylamine  
135-20-6 N-nitroso-N-phenylhydroxylamine, ammonium  
salt  
169U  
110U  
111U  
112U  
113U  
115U  
116U  
117U  
118U  
119U  
124U  
127U  
128U  
129U  
170U  
131U  
29082-74-4 Octachlorostyrene  
301-12-2 Oxydemeton-methyl  
1910-42-5 Paraquat dichloride  
79-21-0 Peroxyacetic acid  
136-40-3 Phenazopyridine hydrochloride  
50-06-6 Phenobarbitol  
57-41-0 Phenytoin  
630-93-3 Phenytoin sodium  
4104-14-7 Phosazetim  
732-11-6 Phosmet  
57-57-8 Propiolactone  
51-52-5 Propylthiouracil  
83-749-4 Rotenone  
57-56-7 Semicarbazide  
563-41-7 Semicarbazide hydrochloride  
100-42-5 Styrene  
120  
TABLE 205c  
Michigan Chemical  
Hazardous Abstract  
Hazard  
Code  
Substance  
Waste  
Number  
136U  
Services  
Number  
13071-79-9 Terbufos  
138U  
154U  
171U  
142U  
139-65-1 4,4'-Thiodianiline  
56-35-9 Bis(tri-n-butyl tin) oxide  
688-73-3 Tributyltin (and other salts and esters)  
1582-09-8 Trifluralin  
143U  
175U  
137-17-7 2,4,5-Trimethylaniline  
593-60-2 Vinyl bromide  
R 299.9227 Deletion of certain hazardous waste numbers after equipment cleaning and  
replacement.  
Rule 227. (1) Wastes from wood preserving processes at plants that do not resume or  
initiate the use of chlorophenolic preservatives will not meet the listing description of  
F032 once the generator has met all the requirements of subrules (2) to (5) of this rule.  
These wastes may, however, continue to meet another hazardous waste listing description  
or may exhibit 1 or more of the hazardous waste characteristics.  
(2) Generators shall either clean or replace all process equipment that may have come  
into contact with chlorophenolic formulations or constituents thereof, including, but not  
limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, forklifts, and  
trams, in a manner that minimizes or eliminates the escape of hazardous waste or  
constituents, leachate, contaminated drippage, or hazardous waste decomposition  
products to the environment. In cleaning or replacing the process equipment, the  
generator shall do 1 of the following:  
(a) Prepare and follow a process equipment cleaning plan and clean process equipment  
in accordance with the provisions of subrule (3) of this rule.  
(b) Prepare and follow a process equipment replacement plan and replace process  
equipment in accordance with the provisions of subrule (4) of this rule.  
(c) Document that previous process equipment cleaning or replacement, or both, was  
performed in accordance with the provisions of subrule (3) or (4), or both, of this rule and  
occurred after cessation of the use of chlorophenolic preservatives.  
(3) In cleaning the process equipment that may have come into contact with  
chlorophenolic formulations, the generator shall do all the following:  
(a) Prepare and sign a written process equipment cleaning plan that describes all the  
following:  
(i) The process equipment to be cleaned.  
(ii) The process equipment cleaning method or methods.  
(iii) The solvent to be used in cleaning the process equipment.  
(iv) How the solvent rinses will be tested.  
(v) How the cleaning residues will be managed and disposed of.  
(b) Clean the process equipment as follows:  
(i) Remove all visible residues from the process equipment.  
(ii) Rinse process equipment with an appropriate solvent until dioxins and  
121  
dibenzofurans are not detected in the final solvent rinse.  
(c) Test the rinses in accordance with an appropriate method in accordance with  
40 CFR 261.35(b)(2)(iii).  
(d) Manage all residues from the cleaning process as F032 waste.  
(4) In replacing the process equipment that may have come into contact with  
chlorophenolic formulations, the generator shall do both of the following:  
(a) Prepare and sign a written process equipment replacement plan that describes all  
the following:  
(i) The process equipment to be replaced.  
(ii) The process equipment replacement method or methods.  
(iii) How the process equipment will be managed and disposed of.  
(b) Manage the discarded process equipment as F032 waste.  
(5) The generator shall maintain all the following information that documents the  
cleaning and replacement activities as part of the operating record:  
(a) The name and address of the plant.  
(b) Formulations previously used and the date on which their use ceased in each  
process at the plant.  
(c) Formulations currently used in each process at the plant.  
(d) The equipment cleaning or replacement plan.  
(e) The name and address of any persons that conducted the cleaning and replacement.  
(f) The dates the cleaning and replacement were accomplished.  
(g) The dates of sampling and testing.  
(h) A description of the sampling handling and preparation techniques, including the  
techniques that are used for all the following:  
(i) Extraction.  
(ii) Containerization.  
(iii) Preservation.  
(iv) Chain-of-custody of the samples.  
(i) A description of the tests performed, the date the tests were performed, and the  
results of the tests.  
(j) The names and model numbers of the instruments used in performing the tests.  
(k) Quality assurance and quality control documentation.  
(l) A statement that is signed by the generator or the generator's authorized  
representative and contains the following language: "I certify under penalty of law that  
all process equipment required to be cleaned or replaced under R 299.9227 was cleaned  
or replaced as represented in the equipment cleaning and/or replacement plan and  
accompanying documentation. I am aware that there are significant penalties for  
providing false information, including the possibility of fine or imprisonment."  
(6) The provisions of 40 CFR 261.35(b)(2)(iii) are adopted by reference in  
R 299.11003.  
R 299.9228 Universal wastes.  
Rule 228. (1) This rule provides an alternate set of standards under which universal  
wastes may be managed instead of full regulation as hazardous waste under these rules.  
The requirements of this rule apply to the universal wastes identified in this subrule and  
to persons managing the universal wastes. Universal wastes that are not managed  
122  
pursuant to this rule are subject to full regulation as hazardous waste under these rules.  
Except as provided in subrule (2) of this rule, all the following universal wastes are  
exempt from full regulation as hazardous waste under these rules if they are managed  
pursuant to the requirements of this rule:  
(a) A battery, including a spent lead-acid battery that is not managed pursuant to  
R 299.9804.  
(b) A pesticide, including both of the following:  
(i) A recalled pesticide, including the following:  
(A) A stock of a suspended and cancelled pesticide that is part of a voluntary or  
mandatory recall under section 19(b) of the FIFRA, 7 USC 136q, including, but not  
limited to, a stock owned by the registrant responsible for conducting the recall.  
(B) A stock of a suspended or cancelled pesticide, or of a pesticide that does not  
comply with the FIFRA, that is part of a voluntary recall by the registrant.  
(ii) A stock of an unused pesticide product other than a product specified in paragraph  
(i) of this subdivision that is collected and managed as part of a waste pesticide collection  
program.  
(c) A thermostat.  
(d) A mercury switch.  
(e) A mercury thermometer.  
(f) A waste device, or part of a device, that contains only elemental mercury as the  
hazardous waste constituent and the elemental mercury is integral to its function.  
(g) A lamp.  
(h) Consumer electronics.  
(i) Antifreeze.  
(j) An aerosol can.  
(2) The requirements of this rule do not apply to any of the following:  
(a) A spent lead-acid battery that is managed pursuant to R 299.9804.  
(b) A battery that is not a waste under part 2 of these rules. A used battery becomes a  
waste when it is discarded. An unused battery becomes a waste on the date the universal  
waste handler decides to discard it.  
(c) A battery that is not hazardous waste. A battery is a hazardous waste if it exhibits  
1 or more of the hazardous characteristics identified in R 299.9212.  
(d) A pesticide identified in subrule (1) of this rule that is managed by farmers in  
compliance with R 299.9204(3)(b).  
(e) A pesticide that does not meet the requirements in subrule (1) of this rule. The  
pesticide must be managed pursuant to parts 2 to 8 of these rules, except that aerosol cans  
that contain pesticides may be managed as aerosol cans universal waste under this rule.  
(f) A pesticide that is not a waste under part 2 of these rules. A recalled pesticide  
becomes a waste on the first date the generator of the pesticide agrees to participate in the  
recall and the person conducting the recall decides to discard the pesticide. An unused  
pesticide becomes a waste on the date that the generator decides to discard it. The  
following pesticides are not wastes:  
(i) A recalled pesticide if the person conducting the recall complies with either of the  
following provisions:  
(A) The person has not decided to discard the pesticide. Until a decision is made, the  
pesticide does not meet the definition of a waste under R 299.9202 and, therefore, is not  
123  
considered a hazardous waste subject to regulations under these rules. The pesticide  
remains subject to the requirements of the FIFRA.  
(B) The person has decided to use a management option that does not result in the  
pesticide meeting the definition of a waste under R 299.9202. The pesticide, including a  
recalled pesticide that is exported to a foreign destination for use or reuse, remains  
subject to the requirements of the FIFRA.  
(ii) An unused pesticide product if the generator of the unused pesticide product has  
not decided to discard the product. The pesticide product remains subject to the  
requirements of the FIFRA.  
(g) A pesticide that is not hazardous waste. A pesticide is a hazardous waste if it is  
listed under R 299.9213 or R 299.9214 or if it exhibits 1 or more of the hazardous  
characteristics identified in R 299.9212.  
(h) A thermostat, mercury switch, mercury thermometer, or a waste device that contains  
only elemental mercury as the hazardous waste constituent that is not a waste under part  
2 of these rules. A used thermostat, mercury switch, mercury thermometer, or a used  
waste device that contains only elemental mercury as the hazardous waste constituent  
becomes a waste on the date it is discarded. An unused thermostat, mercury switch,  
mercury thermometer, and an unused waste device that contains only elemental mercury  
as the hazardous waste constituent becomes a waste on the date that the universal waste  
handler decides to discard it.  
(i) A thermostat, mercury switch, mercury thermometer, and a waste device that  
contains only elemental mercury as the hazardous waste constituent that is not hazardous  
waste. A thermostat, mercury switch, mercury thermometer, and a waste device that  
contains only elemental mercury as the hazardous waste constituent is a hazardous waste  
if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.  
(j) A lamp that is not a waste under part 2 of these rules. A used lamp becomes a waste  
on the date that the universal waste handler permanently removes it from its fixture. An  
unused lamp becomes a waste on the date that the universal waste handler decides to  
discard it.  
(k) A lamp that is not a hazardous waste. A lamp is a hazardous waste if it exhibits 1 or  
more of the hazardous characteristics identified in R 299.9212.  
(l) Consumer electronics that are not a waste under part 2 of these rules. A consumer  
electronic becomes a waste on the date that the universal waste handler decides to discard  
it.  
(m) Consumer electronics that are not a hazardous waste. A consumer electronic is a  
hazardous waste if it is listed under R 299.9213 or R 299.214, or if it exhibits 1 or more  
hazardous waste characteristics under R 299.9212.  
(n) Antifreeze that is not a waste under part 2 of these rules. Used antifreeze becomes a  
waste when it is discarded. Unused antifreeze becomes a waste on the date that the  
universal waste handler decides to discard it.  
(o) Antifreeze that is not a hazardous waste. Antifreeze is a hazardous waste if it is  
listed in R 299.9213 or R 299.9214, or if it exhibits 1 or more hazardous waste  
characteristics under R 299.9212.  
(p) Aerosol cans that are not a waste under part 2 of these rules. An unused aerosol can  
becomes a waste on the date the universal waste handler decides to discard it. A used  
aerosol can becomes a waste when it is discarded.  
124  
(q) Aerosol cans that are not a hazardous waste. An aerosol can is a hazardous waste if  
it contains a substance that is listed in R 299.9213 or R 299.9214, or if it exhibits 1 or  
more hazardous waste characteristics under R 299.9212.  
(r) An aerosol can that is empty under R 299.9207.  
(3) A person that manages household wastes that are exempt from regulation under  
R 299.9204(2)(a) and are also of the same type as the universal wastes identified in  
subrule (1) of this rule or very small quantity generator wastes that are exempt from  
regulation under R 299.9304 and are also of the same type as the universal wastes  
identified in subrule (1) of this rule may, at the person's option, manage the wastes under  
this rule. A person that commingles household wastes or very small quantity generator  
wastes with universal waste regulated pursuant to this rule shall manage the commingled  
waste under the requirements of this rule.  
(4) A universal waste small quantity handler shall comply with all the following  
requirements:  
(a) The requirements of 40 CFR part 273, subpart B, except 273.10 and 273.18(b).  
(b) If the universal waste small quantity handler is self-transporting universal waste  
offsite, then the handler becomes the universal waste transporter for the  
self-transportation activities and shall comply with the requirements of subrule (6) of this  
rule while transporting the universal wastes.  
(c) If the universal waste small quantity handler handles mercury switches, mercury  
thermometers, or waste devices that contain only elemental mercury as the hazardous  
waste constituent, then 40 CFR 273.13(c) applies to the mercury switches, mercury  
thermometers, and waste devices that contain only elemental mercury as the hazardous  
waste constituent.  
(d) If the universal waste small quantity handler manages consumer electronics, then all  
the following additional requirements apply:  
(i) The consumer electronics must be managed in a manner that prevents breakage or  
the release of any universal waste or components of universal waste by containing the  
consumer electronics in packaging that will prevent breakage during normal handling  
conditions.  
(ii) Label the outer packaging or container with the words "universal waste consumer  
electronics" or "universal waste electronics."  
(iii) Properly contain, classify, and dispose of releases and potential releases of  
consumer electronics and residues.  
(e) A universal waste small quantity handler handling consumer electronics may  
perform any of the following activities and still be regulated as a universal waste small  
quantity handler:  
(i) Repair the consumer electronics for potential direct reuse.  
(ii) Remove other universal wastes from the consumer electronics.  
(iii) Remove individual modular components for direct reuse.  
(f) If the universal waste small quantity handler manages antifreeze, then all the  
following additional requirements must apply:  
(i) The antifreeze must be managed in a manner that prevents releases of any universal  
waste or component of a universal waste to the environment.  
(ii) The antifreeze must be contained in 1 or more of the following manners:  
(A) A container that remains closed, except to add or remove universal waste, is  
125  
structurally sound, is compatible with the antifreeze, and that lacks evidence of leakage,  
spillage, or damage that could cause leakage under reasonably foreseeable conditions.  
(B) A container that does not meet the requirements of subparagraph (A) of this  
paragraph, if the container is overpacked in a container that does meet the requirements  
of subparagraph (A) of this paragraph.  
(C) A tank that meets the requirements of 40 CFR part 265, subpart J, except for  
40 CFR 265.197(c), and 265.200.  
(D) A transport vehicle or vessel that remains closed, except to add or remove  
universal waste, is structurally sound, is compatible with the antifreeze, and that lacks  
evidence of leakage, spillage, or damage that could cause leakage under reasonably  
foreseeable conditions.  
(iii) If a release of antifreeze or a component of antifreeze occurs, the release must be  
immediately cleaned up and properly characterized for disposal.  
(iv) The containers or tanks used to manage the antifreeze must be labeled with the  
words "universal waste antifreeze," "waste antifreeze," or "used antifreeze."  
(5) A universal waste large quantity handler shall comply with all the following  
requirements:  
(a) Maintain the universal waste large quantity handler designation through the end of  
the calendar year in which a total of 5,000 kilograms or more of universal waste is  
accumulated.  
(b) The requirements of 40 CFR part 273, subpart C, except 273.30 and 273.38(b).  
(c) If the universal waste large quantity handler is self-transporting universal waste  
off-site, then the handler becomes the universal waste transporter for the  
self-transportation activities and shall comply with the requirements of subrule (6) this  
rule while transporting the universal wastes.  
(d) If the universal waste large quantity handler handles mercury switches, mercury  
thermometers, or waste devices that contain only elemental mercury as the hazardous  
waste constituent, then 40 CFR 273.33(c) applies to the mercury switches, mercury  
thermometers, and waste devices that contain only elemental mercury as the hazardous  
waste constituent.  
(e) If the universal waste large quantity handler handles consumer electronics, all the  
additional requirements of subrules (4)(d) and (e) of this rule.  
(f) If the universal waste large quantity handler handles antifreeze, all the additional  
requirements of subrule (4)(f) of this rule.  
(6) A universal waste transporter shall comply with both of the following requirements:  
(a) The requirements of 40 CFR part 273, subpart D, except 273.50 and 273.53.  
(b) Store universal wastes at a universal waste transfer facility for 10 days or less. If  
the transporter stores universal wastes for more than 10 days, then the transporter  
becomes a universal waste handler and shall comply with the applicable requirements of  
subrules (4) and (5) of this rule while storing the universal wastes.  
(7) Except as provided for in subrules (8) and (9) of this rule, an owner or operator of a  
destination facility shall comply with all the following requirements:  
(a) The requirements of parts 5 to 8 of these rules and the notification requirements  
under section 3010 of RCRA, 42 USC 6930.  
(b) The requirements of 40 CFR 273.61 and 273.62.  
(c) The requirements of the act and these rules if the owner or operator generates waste  
126  
as a result of recycling universal waste.  
(8) An owner or operator of a destination facility that recycles a particular universal  
waste without storing the universal waste before recycling shall comply with  
R 299.9206(1)(c).  
(9) An owner or operator of a destination facility that stores lamps before recycling the  
lamps at the facility shall comply with R 299.9206(5).  
(10) A person that manages universal waste that is imported from a foreign country into  
the United States shall comply with the following applicable requirements immediately  
after the universal waste enters the United States:  
(a) The requirements of subrule (4) of this rule if a small quantity handler of universal  
waste.  
(b) The requirements of subrule (5) of this rule if a large quantity handler of universal  
waste.  
(c) The requirements of subrule (6) of this rule if a transporter of universal waste.  
(d) The requirements of subrules (7) to (9) of this rule if a universal waste destination  
facility.  
(e) The requirements of this rule and R 299.9314 if managing universal waste that is  
imported from an OECD country.  
(11) 40 CFR part 273, subparts B to E, except 273.10, 273.18(b), 273.30, 273.38(b),  
273.50, 273.53, and 273.60, are adopted by reference in R 299.11003. For the purposes  
of adoption, the term "department" replaces the term "EPA," except in  
40 CFR 273.32(a)(3); the term "director" replaces the term "regional administrator;" the  
term "R 299.9212" replaces the term "40 CFR part 261, subpart C;" the term  
"R 299.9302" replaces the term "40 CFR 262.11;" the term "R 299.9304, R 299.9305,  
R 299.9306, or R 299.9307" replaces the term “40 CFR 262.14, 15, 16, or 17;" the term  
"R 299.9305 to R 299.9307" replaces the term "§262.34;" the term "part 3 of these rules"  
replaces the term "40 CFR part 262;" and the term "parts 2 to 8 of these rules" replaces  
the term "40 CFR parts 260 through 272."  
R 299.9229 Petitions to amend list of universal wastes.  
Rule 229. (1) Except as provided for in subrule (4) of this rule, a person that seeks to  
add a hazardous waste or a category of hazardous waste to the list of universal wastes in  
R 299.9228 may petition the department for a regulatory amendment under this rule and  
40 CFR 260.20.  
(2) A petition filed pursuant this rule must include all the following:  
(a) A demonstration that regulation under R 299.9228 is appropriate for the waste or  
category of waste.  
(b) A demonstration that regulation under the provisions of R 299.9228 will improve  
the management practices for the waste or category of waste.  
(c) A demonstration that regulation under the provisions of R 299.9228 will improve  
implementation of the hazardous waste management program.  
(d) The information listed in 40 CFR 260.20(b).  
(e) Information addressing the following factors as appropriate for the waste or  
category of waste:  
(i) Whether the waste or category of waste, as generated by a wide variety of  
generators, is listed pursuant to the provisions of R 299.9213 or R 299.9214 or, if not  
127  
listed, what proportion of the hazardous waste stream exhibits 1 or more of the hazardous  
characteristics identified in R 299.9212. If a characteristic hazardous waste is added to  
the list of universal wastes in R 299.9228 using a generic name to identify the waste  
category, then the definition of the universal waste must include only the hazardous waste  
portion of the waste category. Only the portion of the waste stream that exhibits 1 or  
more hazardous characteristics is subject to the universal waste requirements of  
R 299.9228.  
(ii) Whether the waste or category of waste is commonly generated by a wide variety  
of establishments or is exclusive to a specific industry or group of industries.  
(iii) Whether the waste or category of waste is generated by a large number of  
generators and is frequently generated in relatively small quantities by each generator.  
(iv) Whether systems to be used for collecting the waste or category of waste would  
ensure close stewardship of the waste.  
(v) Whether the risk posed by the waste or category of waste during accumulation and  
transport is relatively low compared to other hazardous wastes and whether specific  
management standards proposed or referenced by the petitioner are protective of human  
health and the environment during the accumulation and transport.  
(vi) Whether regulation of the waste or category of waste under R 299.9228 will  
increase the likelihood that the waste will be diverted from nonhazardous waste  
management systems to recycling, treatment, or disposal in compliance with subtitle C of  
RCRA, USC 6921 to 6939g.  
.
(vii) Whether regulation of the waste or category of waste under R 299.9228 will  
improve implementation of, and compliance with, the hazardous waste management  
program.  
(viii) Other factors as may be appropriate.  
(3) The department will evaluate and grant or deny a petition filed pursuant to this rule  
using the factors listed in subrule (2) of this rule. The department may require additional  
information as necessary to evaluate the merits of the petition. The decision to grant or  
deny a petition will be based on the weight of evidence showing that regulation under  
R 299.9228 is appropriate for the waste or category of waste, will improve management  
practices for the waste or category of waste, and will improve implementation of the  
hazardous waste management program.  
(4) Hazardous waste pharmaceuticals are regulated by R 299.9824 to R 299.9833 and  
may not be added as a category of hazardous waste for management under this rule.  
(5) The provisions of 40 CFR 260.20 are adopted by reference in R 299.11003.  
R 299.9231 Exclusions and exemptions for CRTs.  
Rule 231. (1) Used, broken CRTs are not considered wastes before processing if all the  
following conditions are met:  
(a) The CRTs are destined for recycling.  
(b) The CRTs are stored in a building with a roof, floor, and walls or are placed in a  
container that is constructed, filled, and closed to minimize the release of CRT glass,  
including fine solid materials, to the environment.  
(c) Each container in which the CRTs are contained is labeled or marked clearly with  
the phrase "Do not mix with other glass materials" and either "Used cathode ray  
128  
tube(s)-contains leaded glass" or "Leaded glass from televisions or computers."  
(d) The CRTs are transported in a container that is constructed, filled, and closed to  
minimize the release of CRT glass, including fine solid materials, to the environment and  
the container is labeled in accordance with the requirements of subdivision (c) of this  
subrule.  
(e) The CRTs are not speculatively accumulated or used in a manner constituting  
disposal. If the CRTs are used in a manner constituting disposal, they must be managed  
in accordance with R 299.9801.  
(f) The AES filing compliance date and requirements for CRT exporters in  
40 CFR 261.39(a)(5) if the CRTs are being exported.  
(2) Used, broken CRTs undergoing processing are not considered wastes if all the  
following conditions are met:  
(a) The requirements of subrule (1)(e) of this rule.  
(b) All CRT processing must be performed within a building with a roof, floor, and  
walls.  
(c) All CRT processing must be performed at temperatures that do not volatize the lead  
from the CRTs.  
(3) Glass from used CRTs that is destined for recycling at a CRT glass manufacturer or  
lead smelter after processing is not a waste unless it is speculatively accumulated.  
(4) Glass from used CRTs that is used in a manner constituting disposal is not excluded  
from regulation under this rule and is subject to the requirements of R 299.9801.  
(5) Used, intact CRTs exported for recycling are not considered wastes if all the  
following conditions are met:  
(a) The AES filing compliance date and requirements for CRT exporters in  
40 CFR 261.39(a)(5).  
(b) The CRTs are not speculatively accumulated.  
(6) CRT exporters who export used, intact CRTs for reuse shall comply with the  
requirements of 40 CFR 261.41.  
(7) The provisions of 40 CFR 261.39(a)(5) and 261.41 are adopted by reference in  
R 299.11003. For the purposes of these adoptions, the term "site identification number"  
replaces the term "EPA ID number."  
R 299.9232 Legitimate recycling of hazardous secondary materials.  
Rule 232. (1) The recycling of a hazardous secondary material for exclusion or  
exemption from the regulation as a hazardous waste must be legitimate. A hazardous  
secondary material that is not legitimately recycled is a discarded material and, therefore,  
a waste. In determining if the recycling is legitimate, a person shall address all the  
following requirements and consider the requirements of subrule (2) of this rule.  
(a) Legitimate recycling must involve a hazardous secondary material that provides a  
useful contribution to the recycling process or to a product or intermediate of the  
recycling process. A hazardous secondary material provides a useful contribution if it  
meets 1 of the following requirements:  
(i) It contributes a valuable ingredient to a product or intermediate.  
(ii) It replaces a catalyst or carrier in the recycling process.  
(iii) It is the source of a valuable constituent recovered in the recycling process.  
(iv) It is recovered or regenerated by the recycling process.  
129  
(v) It is used as an effective substitute for a commercial product.  
(b) The recycling process must produce a valuable product or intermediate. A product  
or intermediate is valuable if it meets 1 of the following requirements:  
(i) It is sold to a third party.  
(ii) It is used by the recycler or the generator as an effective substitute for a  
commercial product or as an ingredient or intermediate in an industrial process.  
(c) The generator and the recycler shall manage the hazardous secondary material as a  
valuable commodity when it is under their control. If there is an analogous raw material,  
the hazardous secondary material must be managed, at a minimum, in a manner  
consistent with the management of the raw material or in an equally protective manner.  
If there is no analogous raw material, the hazardous secondary material must be  
contained. A hazardous secondary material that is released to the environment and is not  
recovered immediately is discarded.  
(2) A person making a determination regarding the legitimacy of a specific recycling  
activity shall consider the following factors:  
(a) The product of the recycling process does not do any of the following:  
(i) Contain significant concentrations of any hazardous constituents found in  
40 CFR part 261, appendix VIII at levels that are not found in analogous products.  
(ii) Contain concentrations of hazardous constituents found in 40 CFR part 261,  
appendix VIII at levels that are significantly elevated from those found in analogous  
products.  
(iii) Exhibit a hazardous characteristic as defined in R 299.9212 that analogous  
products do not exhibit.  
(b) In determining that a hazardous secondary material is legitimately recycled, a  
person shall evaluate all factors and consider the legitimacy as a whole. If the evaluation  
of the considerations in subdivision (a) of this subrule indicate that the factor is not met,  
it may be an indication that the material is not legitimately recycled. The factor in  
subdivision (a) of this subrule does not have to be met for the recycling to be considered  
legitimate. In evaluating the extent to which this factor is met and in determining  
whether a process that does not meet this factor is still legitimate, persons may consider  
exposure from toxics in the product, the bioavailability of the toxics in the product, and  
other relevant considerations.  
R 299.9233 Standards applicable to hazardous secondary materials excluded under the  
remanufacturing exclusion.  
Rule 233. (1) Hazardous secondary materials excluded under the remanufacturing  
exclusion in R 299.9204(1)(cc) and stored in containers must be managed in accordance  
with 40 CFR part 261, subpart I.  
(2) Hazardous secondary materials excluded under the remanufacturing exclusion in  
R 299.9204(1)(cc) and stored or treated in tank systems must be managed in accordance  
with 40 CFR part 261, subpart J.  
(3) Hazardous secondary materials excluded under the remanufacturing exclusion in  
R 299.9204(1)(cc) must be managed in compliance with the applicable regulations under  
40 CFR part 261, subparts AA, BB, and CC.  
(4) The provisions of 40 CFR part 261, subparts I, J, AA, BB, and CC are adopted by  
reference in R 299.11003. For the purposes of this adoption, the reference  
130  
"R 299.9204(1)(cc)" replaces the reference to "§261.4(a)(27)," the reference  
"R 299.9108" replaces the reference to "§260.10" with respect to tank systems, the word  
"director" replaces the words "regional administrator," the words "these rules" replace the  
words "parts 261 through 266, 268, 270, 271, and 124 of this chapter," the reference  
"R 299.11002" replaces the reference to "§260.11" with respect to NFPA documents, the  
words "part 5 of these rules" replace the reference to "40 CFR part 270," the words  
"40 CFR part 266, subpart H and R 299.9808" replace the reference to "40 CFR part 266,  
subpart H," the reference "R 299.11001" replaces reference to "§260.11" with respect to  
APTI courses, ASTM methods, and American Petroleum Institute Publications, and the  
words "parts 1 to 8 of these rules" replace the references to "40 CFR parts 260-266" and  
"40 CFR parts 260 through 266 of this chapter."  
R 299.9234 Standards applicable to hazardous secondary materials excluded under the  
reclamation exclusion.  
Rule 234. (1) Hazardous secondary materials excluded under the reclamation  
exclusions in R 299.9204(1)(aa) or (bb) must be managed in accordance with  
40 CFR part 261, subpart M.  
(2) The provisions of 40 CFR part 261, subpart M are adopted by reference in  
R 299.11003. For the purposes of this adoption, the reference "R 299.9204(1)(aa) or  
(bb)" replaces the reference to "§261.4(a)(23) and/or (24)," the word "director" replaces  
the words "regional administrator," and the words "parts 3, 4, and 6 of these rules"  
replace the words "parts 262, 263, and 265 of this chapter."  
PART 3. GENERATORS OF HAZARDOUS WASTE  
R 299.9301 Applicability.  
Rule 301. (1) This part of these rules establishes requirements for generators of  
hazardous waste. A person that generates hazardous waste shall comply with all the  
following independent requirements:  
(a) For a very small quantity generator, the requirements of R 299.9302(1) and  
R 299.9303.  
(b) For a small quantity generator, the requirements of R 299.9302, R 299.9303,  
R 299.9308 to R 299.9310, R 299.9311(1), and R 299.9314.  
(c) For a large quantity generator, the requirements of R 299.9302, R 299.9303,  
R 299.9308 to R 299.9312, and R 299.9314.  
(2) A generator shall use the provisions of R 299.9303 to determine the applicability of  
the requirements of this part that are dependent on calculations of the quantity of  
hazardous waste generated each calendar month.  
(3) A generator that treats, stores, or disposes of hazardous waste on-site shall comply  
with the R 299.9302, R 299.9305 to R 299.9308, R 299.9311, and R 299.9312 and the  
applicable requirements of parts 5, 6, 7, and 8 of these rules.  
(4) Any person that imports hazardous waste into the United States shall comply with  
the standards in this part that are applicable to generators.  
(5) An owner or operator that initiates a shipment of hazardous waste from a treatment,  
storage, or disposal facility shall comply with the generator standards established in this  
part.  
131  
(6) In addition to complying with this part, a generator that uses their own vehicle to  
transport hazardous waste shall comply with the applicable requirements of part 4 of  
these rules.  
(7) Any person that exports or imports hazardous wastes shall comply with R 299.9308  
and R 299.9314.  
(8) Persons responding to an explosives or munitions emergency in accordance with  
R 299.9503(2) are not required to comply with the standards in this part.  
(9) Laboratories owned by an eligible academic entity that chose to be subject to  
R 299.9313 are not subject to the following requirements:  
(a) The independent requirements of R 299.9302, R 299.9305, and R 299.9311(1),  
except as provided in R 299.9315.  
(b) R 299.9304, except as provided in R 299.9315.  
(10) All reverse distributors are subject to R 299.9824 to R 299.9833 for the  
management of hazardous waste pharmaceuticals instead of part 3 of these rules.  
(11) Each healthcare facility must determine if it is subject to R 299.99824 to  
R 299.9833 for the management of hazardous waste pharmaceuticals, based on the total  
amount of hazardous waste it generates per calendar month, including both hazardous  
waste pharmaceuticals and non-pharmaceutical hazardous waste. A healthcare facility  
that generates more than 100 kilograms of hazardous waste per calendar month, or more  
than 1 kilogram of acute or severely toxic hazardous waste per calendar month, or more  
than 100 kilograms per calendar month of any residue or contaminated soil, water, or  
other debris, resulting from the clean-up of a spill, into or on any land or water, of any  
acute or severely toxic hazardous wastes listed in these rules is subject to R 299.9824 to  
R 299.9833 instead of part 3 of these rules. A healthcare facility that is a very small  
quantity generator when counting all its hazardous waste, including both its hazardous  
waste pharmaceuticals and its non-pharmaceutical hazardous waste, is subject to  
R 299.9304, the optional provisions of R 299.9827, R 299.9828, and R 299.9830.  
R 299.9302 Hazardous waste determination.  
Rule 302. (1) A person that generates a waste as defined in R 299.9202 shall make an  
accurate determination if that waste is a hazardous waste to ensure the waste is properly  
managed under these rules. A hazardous waste determination must be made using the  
following method:  
(a) The hazardous waste determination for each waste must be made at the point of  
waste generation, before dilution, mixing, or other alteration of the waste occurs, and at  
any time in the course of its management that it has, or may have, changed its properties  
as a result of exposure to the environment or other factors that may change the properties  
of the waste so that the classification of the waste under these rules may change.  
(b) A generator shall determine if the waste is excluded from regulation under  
R 299.9204(1) or (2).  
(c) If the waste is not excluded, the generator shall determine if the waste is listed as  
hazardous under R 299.9213 and R 299.9214. Acceptable knowledge that may be used  
in making an accurate determination if the waste is listed may include the waste origin,  
composition, the process producing the waste, feedstock, and other reliable and relevant  
information. If the waste is listed, the generator may file a delisting petition under  
40 CFR 260.20 and 260.22 to demonstrate that the waste from this specific site or  
132  
operation is not a hazardous waste.  
(d) The generator shall determine if the waste meets 1 or more of the characteristics of  
hazardous waste under R 299.9212 by doing either of the following, or a combination of  
both:  
(i) Applying knowledge of the hazardous characteristics of the waste given the  
materials or processes used to generate the waste. Acceptable knowledge that may be  
used in making an accurate determination if the waste exhibits 1 or more characteristics  
of a hazardous waste includes process knowledge; feedstocks and other process inputs;  
knowledge of products, by-products, and intermediates produced by the manufacturing  
process; chemical or physical characterization of the wastes; information on the chemical  
and physical properties of the chemicals used or produced by the process or otherwise  
contained in the waste; testing that illustrates the properties of the waste; or other reliable  
and relevant information about the properties of the waste or its constituents. A test other  
than a test method set forth in R 299.9212 or according to an equivalent method approved  
by the director under R 299.9215 may be used as part of the generator’s knowledge to  
determine if a waste exhibits a characteristic of a hazardous waste. The tests do not, by  
themselves, provide definitive results. Any test results that a generator may use for this  
determination must be based on testing that was conducted using representative samples  
of the waste.  
(ii) If available knowledge is inadequate to make an accurate determination, the  
generator shall test the waste according to the methods set forth in R 299.9212 or  
according to an equivalent method approved by the director under R 299.9215 and in  
accordance with the following:  
(A) A generator testing their own waste shall obtain a representative sample of the  
waste for testing.  
(B) If the test method is set forth in R 299.9212 or approved under R 299.9215, the  
results of the regulatory test, if properly performed, are definitive for determining the  
regulatory status of the waste.  
(2) If the waste is determined to be hazardous, the generator shall refer to parts 2 to 6  
and 8 of these rules for possible exclusions or restrictions that pertain to the management  
of the specific waste.  
(3) If the waste is determined to be hazardous, then both small and large quantity  
generators shall identify all applicable hazardous waste numbers.  
(4) If the general character of a waste changes due to changes in the materials or  
processes involved in its generation, the evaluation under subrule (1) of this rule must be  
repeated immediately by the generator.  
R 299.9303 Generator category determination.  
Rule 303. (1) A generator shall determine its generator category. A generator’s  
category is based on the amount of hazardous waste generated each month and may  
change from month to month. This rule sets forth procedures to determine whether a  
generator is a very small quantity generator, a small quantity generator, or a large  
quantity generator for a particular month.  
TABLE 1  
Generator Categories Based on Quantity of Waste Generated in a Calendar Month  
133  
Severely  
Toxic  
Hazardous or Severely Toxic  
Residues from  
Cleanup of Acute  
Acute  
Hazardous  
Waste  
Non-acute  
Hazardous  
Waste  
Generator Category  
Waste  
Hazardous Waste  
> 1 kilogram  
Any amount  
Any amount  
≥ 1,000  
> 1 kilogram  
Any amount  
Any amount  
Any amount  
Large quantity generator  
Large quantity generator  
kilograms  
Any amount  
Any amount Any amount > 100 kilograms Large quantity generator  
≤ 1 kilogram > 100 kilograms ≤ 1 kilogram ≤ 100 kilograms Small quantity generator  
and < 1,000  
kilograms  
≤ 1 kilogram ≤ 100 kilograms ≤ 1 kilogram ≤ 100 kilograms Very small quantity  
generator  
(2) A generator that generates acute hazardous waste, non-acute hazardous waste, or  
severely toxic hazardous waste in a calendar month shall determine its generator category  
for that month by doing all the following.  
(a) Counting the total amount of hazardous waste generated in the calendar month.  
(b) Subtracting from the total any amounts of waste exempt from counting as described  
in subrules (4) and (5) of this rule.  
(c) Determining the resulting generator category for the hazardous waste generated  
using table 1 of this rule.  
(3) A generator that generates acute or severely toxic hazardous waste and non-acute  
hazardous waste in the same calendar month shall determine its generator category for  
that month by doing all the following:  
(a) Counting separately the total amount of acute hazardous waste, the total amount of  
severely toxic hazardous waste, and the total amount of non-acute hazardous waste  
generated in the calendar month.  
(b) Subtracting from each total any amounts of waste exempt from counting as  
described in subrules (4) and (5) of this rule.  
(c) Determining separately the resulting generator categories for the quantities of acute  
hazardous waste, severely toxic hazardous waste, and non-acute hazardous waste  
generated using table 1 of this rule.  
(d) Comparing the resulting generator categories from subdivision (c) of this subrule  
and applying the more stringent generator category to the accumulation and management  
of both non-acute hazardous waste and acute or severely toxic hazardous waste generated  
for that month.  
(4) When making the monthly quantity-based determinations required by this rule, the  
generator shall include all hazardous waste that it generates, except hazardous waste that  
meets 1 of the following:  
(a) Is exempt from regulation under R 299.9204(3) to (10), R 299.9206(3), or  
R 299.9207(1).  
(b) Is managed immediately upon generation only in on-site elementary neutralization  
units, wastewater treatment units, or totally enclosed treatment facilities.  
(c) Is recycled, without prior storage or accumulation, only in an on-site process subject  
134  
to regulation under R 299.9206(1)(c).  
(d) Is used oil managed under R 299.9206(4) and R 299.9809 to R 299.9816.  
(e) Is spent lead-acid batteries managed under R 299.9804.  
(f) Is universal waste managed under R 299.9228.  
(g) Is a hazardous waste that is an unused commercial chemical product listed in part 2  
of these rules or exhibits 1 or more characteristics in R 299.9212, that is generated solely  
because of a laboratory clean-out conducted at an eligible academic entity under  
R 299.9315.  
(h) Is managed as part of an episodic event in compliance with R 299.9316.  
(i) Is a hazardous waste pharmaceutical, that is subject to or managed in accordance  
with R 299.9824 to R 299.9833 or is a hazardous waste pharmaceutical that is also a  
Drug Enforcement Administration controlled substance and is conditionally exempt  
under R 299.9829.  
(5) In determining the quantity of hazardous waste generated in a calendar month, a  
generator need not include any of the following:  
(a) Hazardous waste when it is removed from on-site accumulation if the hazardous  
waste was previously counted once.  
(b) Hazardous waste generated by onsite treatment, including reclamation, of the  
generator’s hazardous waste if the hazardous waste that is treated was previously counted  
once.  
(c) Hazardous waste spent materials that are generated, reclaimed, and subsequently  
reused on-site if the spent materials have been previously counted once.  
(6) Based on the generator category determined under this rule, the generator shall meet  
all the applicable independent requirements listed in R 299.9301. A generator’s category  
also determines which provisions of R 299.9301 to R 299.9307 must be met to obtain an  
exemption from the licensing, interim status, and operating requirements when  
accumulating hazardous waste.  
(7) Hazardous wastes generated by a very small quantity generator may be mixed with  
wastes. Very small quantity generators may mix a portion or all its hazardous waste with  
waste and remain subject to R 299.9304 even though the resultant mixture exceeds the  
quantity limits identified in the definition of very small quantity generator, unless the  
mixture exhibits 1 or more of the characteristics of hazardous waste identified in  
R 299.9212. If the resulting mixture exhibits a characteristic of a hazardous waste, the  
resultant mixture is a newly generated hazardous waste. The very small quantity  
generator shall count both the resultant mixture amount plus the other hazardous waste  
generated in the calendar month to determine if the total quantity exceeds the very small  
generator calendar month quantity limits identified in the definition of generator  
categories. If so, to remain exempt from the licensing, interim status, and operating  
standards, the very small quantity generator shall meet the conditions for exemption  
applicable to either a small quantity generator or a large quantity generator. The very  
small quantity generator shall meet the independent requirements for either a small  
quantity generator or a large quantity generator. If a very small quantity generator’s  
wastes are mixed with used oil, the mixture is subject to part 8 of these rules. Any  
material produced from a mixture by processing, blending, or other treatment is also  
regulated under part 8 of these rules.  
(8) Hazardous wastes generated by a small quantity generator or large quantity  
135  
generator may be mixed with waste. These mixtures are subject to the mixture rule in  
R 299.9203(1)(c), (2)(b) and (c), and (7); the prohibition of dilution rule in  
40 CFR 268.3(a); the land disposal restriction requirements in 40 CFR 268.40 if a  
characteristic hazardous waste is mixed with a waste so that it no longer exhibits the  
hazardous characteristic; and the hazardous waste determination requirement in  
R 299.9302. If the resulting mixture is a hazardous waste, the resultant mixture is a  
newly generated hazardous waste. A small quantity generator shall count both the  
resultant mixture amount and the other hazardous waste generated in the calendar month  
to determine if the total quantity exceeds the small quantity generator calendar monthly  
quantity limits identified in the definition of generator categories. If so, to remain exempt  
from the licensing, interim status, and operating standards, the small quantity generator  
shall meet the conditions for exemption applicable to a large quantity generator. The  
small quantity generator shall also comply with the applicable independent requirements  
for a large quantity generator.  
R 299.9304 Conditions for exemption for very small quantity generators.  
Rule 304. (1) If a very small quantity generator meets all the conditions for exemption  
listed in this rule, the hazardous waste generated by the very small quantity generator is  
not subject to regulation under parts 3 to 10 of these rules, except R 299.9301 to  
R 299.9304, and the notification requirements of section 3010 of RCRA, 42 USC 6930,  
and the very small quantity generator may accumulate hazardous waste on-site without  
complying with the requirements. The conditions for exemption include all the  
following:  
(a) In a calendar month, the very small quantity generator generates less than or equal  
to the amounts specified in the definition of "very small quantity generator."  
(b) The very small quantity generator complies with R 299.9302(1)(a) to (d).  
(c) If the very small quantity generator accumulates at any time greater than 1 kilogram  
of acute hazardous waste; 1 kilogram of severely toxic hazardous waste; or  
100 kilograms of any residue or contaminated soil, water, or other debris resulting from  
the cleanup of a spill, into or on any land or water, of any acute or severely toxic  
hazardous waste listed, all quantities of that acute or severely toxic hazardous waste are  
subject to both of the following additional conditions for exemption:  
(i) The waste is held on-site for no more than 90 days beginning on the date when the  
accumulated wastes exceed the amounts in this subdivision.  
(ii) The conditions for exemption in R 299.9307.  
(d) If the very small quantity generator accumulates at any time 1,000 kilograms or  
greater of non-acute hazardous waste, all quantities of that hazardous waste are subject to  
all the following additional conditions for exemption:  
(i) The waste is held on-site for no more than 180 days, or 270 days, if applicable,  
beginning on the date when the accumulated waste exceed the amounts in this  
subdivision.  
(ii) The quantity of waste accumulated on-site never exceeds 6,000 kilograms.  
(iii) The conditions for exemption in R 299.9306(1)(b) and (d) to (r), (3), and (4).  
(e) A very small quantity generator that accumulates hazardous waste in amounts less  
than or equal to the limits in subdivisions (c) and (d) of this subrule shall either treat or  
dispose of its hazardous waste in an on-site facility or ensure delivery to an off-site  
136  
treatment, storage, or disposal facility. If the facility is located in the United States, it  
shall comply with 1 of the following requirements:  
(i) Be licensed under part 111 for that waste type or be operating under R 299.9502(3),  
(4), or (5).  
(ii) Be in another state and be authorized to manage hazardous waste by the state under  
a hazardous waste management program that is approved under 40 CFR part 271.  
(iii) Be in another state and be permitted or licensed under 40 CFR part 270.  
(iv) Be in another state and be in interim status under 40 CFR parts 270 and 265.  
(v) Be a facility that stores or treats the waste and complies with the applicable  
requirements of parts 31, 55, and 115.  
(vi) Be a disposal facility that complies with the applicable requirements of parts 31,  
55, and 115.  
(vii) Be in another state and be permitted, licensed, or registered by that state to  
manage municipal waste that, if managed in a municipal waste landfill, is subject to  
40 CFR part 258.  
(viii) Be in another state and be permitted, licensed, or registered by that state to  
manage nonmunicipal waste that, if managed in a nonmunicipal waste disposal unit after  
the effective date of these rules, is subject to 40 CFR 257.5 to 257.30.  
(ix) Be a facility that beneficially uses or reuses, or legitimately recycles or reclaims,  
the waste or treats the waste before the beneficial use or reuse or legitimate recycling or  
reclamation.  
(x) Be an off-site publicly owned treatment works, if the waste complies with all  
federal, state, and local pretreatment requirements and, if the waste is shipped by vehicle,  
the conditions of R 299.9503(3)(b) are met.  
(xi) For universal waste managed under R 299.9228, be a universal waste handler or  
destination facility in compliance with R 299.9228.  
(xii) Be a large quantity generator under the control of the same person as the very  
small quantity generator and meet all the conditions below. As used in this paragraph,  
"control" means the power to direct the policies of the generator, whether by the  
ownership of stock, voting rights, or otherwise, except contractors that operate generator  
facilities on behalf of a different person are not considered to "control" the generators.  
The conditions include all the following:  
(A) The very small quantity generator marks each container of hazardous waste with  
the words "Hazardous Waste."  
(B) The very small quantity generator marks each container of hazardous waste with a  
description of the waste or the hazardous waste number, and an indication of the hazards  
of the contents. The indication of the hazards of the contents may include the applicable  
hazardous waste characteristic or characteristics, the hazard communication consistent  
with 49 CFR part 172, subpart E or F, a hazard statement or pictogram consistent with  
29 CFR 1910.1200, or a chemical hazard label consistent with the NFPA standard no.  
704.  
(xiii) For airbag waste, be an airbag waste collection facility or a designated facility  
subject to the requirements of R 299.9204(13) to (15).  
(xiv) A reverse distributor, if the hazardous waste pharmaceutical is a potentially  
creditable hazardous waste pharmaceutical generated by a healthcare facility.  
(xv) A healthcare facility that meets the conditions of R 299.9825(13) and  
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R 299.9826(2), as applicable, to accept non-creditable hazardous waste pharmaceuticals  
and potentially creditable hazardous waste pharmaceuticals from an off-site healthcare  
facility that is a very small quantity generator.  
(f) The very small quantity generator accumulates waste in an area where the waste is  
protected from weather, fire, physical damage, and vandals.  
(g) The hazardous waste accumulation is conducted so that hazardous waste or  
hazardous waste constituents cannot escape by gravity into the soils, directly or  
indirectly, into surface or groundwaters, or into drains or sewers and so that fugitive  
emissions are not in violation of part 55.  
(2) The placement of bulk or noncontainerized liquid hazardous waste or hazardous  
waste containing free liquids, if sorbents have been added, in any landfill is prohibited.  
(3) A very small quantity generator experiencing an episodic event may generate and  
accumulate hazardous waste in accordance with R 299.9316 instead of R 299.9305 to  
R 299.9307.  
R 299.9305 Satellite accumulation area requirements for small and large quantity  
generators.  
Rule 305. (1) A generator may accumulate as much as 55 gallons of non-acute  
hazardous waste or either 1 quart of liquid acute hazardous waste or severely toxic  
hazardous waste or 1 kilogram of solid acute hazardous waste or severely toxic waste in  
containers at or near any point of generation where wastes initially accumulate and that is  
under the control of the operator of the process that generates the waste, without an  
operating license issued under part 111 and without complying with parts 5 to 8 of these  
rules, if all the conditions for exemption in this rule are met. A generator may comply  
with the conditions for exemption in this rule instead of complying with the conditions  
for exemption in R 299.9306(1)(b) to (r) or R 299.9307(1), except as required in this  
subrule and subrule (2) of this rule. The conditions for exemption for satellite  
accumulation include all the following requirements:  
(a) If a container holding hazardous waste is not in good condition, or if it begins to  
leak, the generator shall immediately transfer the hazardous waste from this container to a  
container that is in good condition and does not leak, or immediately transfer and manage  
the waste in a central accumulation area operated in compliance with R 299.9306(1)(b) to  
(r) or R 299.9307(1).  
(b) The generator shall use a container made of or lined with materials that will not  
react with, and are otherwise compatible with, the hazardous waste to be accumulated, so  
that the ability of the container to contain the waste is not impaired.  
(c) All the following special standards for incompatible wastes:  
(i) Incompatible wastes, or incompatible wastes and materials, must not be placed in  
the same container unless the requirements of 40 CFR 265.17(b) are met.  
(ii) Hazardous waste must not be placed in an unwashed container that previously held  
an incompatible waste or material unless the requirements of 40 CFR 265.17(b) are met.  
(iii) A container holding a hazardous waste that is incompatible with any waste or  
other materials accumulated nearby in other containers must be separated from the other  
materials or protected from them by any practical means.  
(d) A container holding hazardous waste must be closed at all times during  
accumulation, except to add, remove, or consolidate waste or when temporary venting of  
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a container is necessary for the proper operating of equipment or to prevent dangerous  
situations, such as build-up of extreme pressure.  
(e) A generator shall mark or label its container with both the following:  
(i) The words "Hazardous Waste."  
(ii) An indication of the hazards of the contents. The indication of the hazards of the  
contents may include the applicable hazardous waste characteristic or characteristics, the  
hazard communication consistent with 49 CFR part 172, subpart E or F, a hazard  
statement or pictogram consistent with 29 CFR 1910.1200, or a chemical hazard label  
consistent with the NFPA standard no. 704.  
(2) A generator that accumulates either non-acute hazardous waste, acute hazardous  
waste, or severely toxic hazardous waste in excess of the amounts listed in subrule (1) of  
this rule at or near any point of generation shall do 1 or more of the following with  
respect to that amount of excess waste:  
(a) Comply with the applicable central accumulation area requirements in  
R 299.9306(1)(b) to (r) or R 299.9307(1) within 3-consecutive-calendar-days.  
(b) Remove the excess waste from the satellite accumulation area within 3 consecutive  
calendar days to 1 or more of the following:  
(i) A central accumulation area operated in accordance with the applicable  
requirements of R 299.9306(1)(b) to (r) or R 299.9307(1).  
(ii) An on-site interim status or licensed treatment, storage, or disposal facility.  
(iii) An off-site designated facility.  
(c) During the 3-consecutive-calendar-day period, continue to comply with subrules  
(1)(a) to (c) of this rule. The generator shall mark or label each container holding the  
excess accumulation of hazardous waste with the date the excess amount began  
accumulating.  
(3) All satellite accumulation areas operated by a small quantity generator must meet the  
provisions of R 299.9306(1)(f) to (r).  
(4) All satellite accumulation areas operated by a large quantity generator must meet the  
provisions of 40 CFR part 262, subpart M.  
(5) 40 CFR part 262, subpart M is adopted by reference in R 299.11003.  
R 299.9306 Conditions for exemption for small quantity generators that accumulate  
hazardous waste.  
Rule 306. (1) A small quantity generator may accumulate hazardous waste on-site  
without an operating license issued under part and without complying with parts 5 to 8 of  
these rules or the notification requirements of section 3010 of RCRA, 45 USC 6930, if all  
the following conditions are met:  
(a) The small quantity generator generates in a calendar month no more than the  
amounts specified in the definition of "small quantity generator."  
(b) The small quantity generator accumulates hazardous waste on-site for no more than  
180 days, unless the small quantity generator complies with the conditions for longer  
accumulation in subrules (3) and (4) of this rule.  
(c) The quantity of hazardous waste accumulated on-site never exceeds  
6,000 kilograms.  
(d) The hazardous waste is managed under 1 or more of the following methods:  
(i) In containers and the small quantity generator complies with the containment  
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requirements of 40 CFR 264.175 if the quantity of waste accumulated on-site exceeds  
1,000 kilograms, and with all the following:  
(A) If a container holding hazardous waste is not in good condition, or if it begins to  
leak, the small quantity generator shall immediately transfer the hazardous waste from  
this container to a container that is in good condition and does not leak, or immediately  
manage the waste in some other way that complies with the conditions for exemption of  
this rule.  
(B) Use a container made of or lined with materials that will not react with, and are  
otherwise compatible with, the hazardous waste to be accumulated, so that the ability of  
the container to contain the waste is not impaired.  
(C) Containers holding hazardous waste must be closed at all times during  
accumulation, except when it is necessary to add or remove waste.  
(D) Containers holding hazardous waste must not be opened, handled, or accumulated  
in a manner that may rupture the container or cause it to leak.  
(E) Not less than weekly, inspect central accumulation areas looking for leaking  
containers and for deterioration of containers caused by corrosion or other factors.  
(F) All the following special standards for incompatible wastes:  
(I) Incompatible wastes, or incompatible wastes and materials, must not be placed in  
the same container unless the requirements of 40 CFR 265.17(b) are met.  
(II) Hazardous waste must not be placed in an unwashed container that previously  
held an incompatible waste or material unless the requirements of 40 CFR 265.17(b) are  
met.  
(III) A container accumulating hazardous waste that is incompatible with any waste  
or other materials accumulated or stored nearby in other containers, piles, open tanks, or  
surface impoundments must be separated from the other materials or protected from them  
by means of a dike, berm, wall, or other device.  
(G) Mark or label each container with all the following:  
(I) The words "Hazardous Waste."  
(II) An indication of the hazards of the contents. The indication of the hazards of the  
contents may include the applicable hazardous waste characteristic or characteristics, the  
hazard communication consistent with 49 CFR part 172, subpart E or F, a hazard  
statement or pictogram consistent with 29 CFR 1910.1200, or a chemical hazard label  
consistent with the NFPA standard no. 704.  
(III) The date when each period of accumulation begins clearly visible for inspection  
on each container.  
(ii) In tanks and the small quantity generator complies with all the following:  
(A) Treatment or accumulation of hazardous waste in tanks must comply with  
40 CFR 265.17(b).  
(B) Hazardous wastes or treatment reagents must not be placed in a tank if they could  
cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end  
of its intended life.  
(C) Uncovered tanks must be operated to ensure not less than least 60 centimeters of  
freeboard, unless the tank is equipped with a containment structure like a dike or trench, a  
drainage control system, or a diversion structure like a standby tank with a capacity that  
equals or exceeds the volume of the top 60 centimeters of the tank.  
(D) If hazardous waste is continuously fed into a tank, the tank must be equipped with  
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a means to stop this inflow.  
(E) Except as noted in subparagraph (F) of this paragraph, a small quantity generator  
that accumulates hazardous waste in tanks must inspect, where present, all the following:  
(I) Discharge control equipment not less than once each operating day, to ensure that  
it is in good working order.  
(II) Data gathered from monitoring equipment not less than once each operating day  
to ensure that the tank is being operated according to its design.  
(III) The level of waste in the tank not less than once each operating day to ensure  
compliance with subparagraph (C) of this paragraph.  
(IV) The construction materials of the tank not less than weekly to detect corrosion or  
leaking of fixtures or seams.  
(V) The construction materials of, and the area immediately surrounding, discharge  
confinement structures not less than weekly to detect erosion or obvious signs of leakage.  
The small quantity generator shall remedy any deterioration or malfunction of equipment  
or structures that the inspection reveals on a schedule that ensures that the problem does  
not lead to an environmental or human health hazard. If a hazard is imminent or has  
already occurred, remedial action must be taken immediately.  
(F) A small quantity generator accumulating hazardous waste in tanks or tank systems  
that have full secondary containment and that either use leak detection equipment to alert  
personnel to leaks or implement established workplace practices to ensure leaks are  
promptly identified, shall inspect not less than weekly, where applicable, the areas  
identified in subparagraph (E)of this paragraph. Use of the alternate inspection schedule  
must be documented in the small quantity generator’s operating record. This  
documentation must include a description of the established workplace practices at the  
small quantity generator.  
(G) Upon closure of the small quantity generator’s site, that small quantity generator  
shall remove all hazardous waste from tanks, discharge control equipment, and discharge  
confinement structures. At closure, as throughout the operating period, unless the small  
quantity generator can demonstrate, in accordance with R 299.9203(3) or (5), that any  
waste removed from its tank is not a hazardous waste, it shall manage the waste in  
accordance with all applicable provisions of parts 3, 4, and 6 of these rules.  
(H) Ignitable or reactive waste must not be placed in a tank, unless 1 or more of the  
following occurs:  
(I) The waste is treated, rendered, or mixed before or immediately after placement in  
a tank so that the resulting waste, mixture, or dissolution of material no longer meets the  
definition of ignitable or reactive waste under R 299.9212 and 40 CFR 265.17(b) is met.  
(II) The waste is accumulated or treated in a way that it is protected from any material  
or conditions that may cause the waste to ignite or react.  
(III) The tank is used solely for emergencies.  
(I) A small quantity generator that treats or accumulates ignitable or reactive waste in  
covered tanks shall comply with the buffer zone requirements for tanks contained in  
tables 2-1 to 2-6 of the NFPA standard no. 30.  
(J) The following special conditions for incompatible wastes:  
(I) Incompatible wastes, or incompatible wastes and materials, must not be placed in  
the same tank, unless the requirements of 40 CFR 265.17(b) are met.  
(II) Hazardous waste must not be placed in an unwashed tank that previously held an  
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incompatible waste or material unless the requirements of 40 CFR 265.17(b) are met.  
(K) Mark or label each tank with all the following:  
(I) The words "Hazardous Waste."  
(II) A description of the waste or the hazardous waste number, and an indication of  
the hazards of the contents. The indication of the hazards of the contents may include the  
applicable hazardous waste characteristic or characteristics, the hazard communication  
consistent with 49 CFR part 172, subpart E or F, a hazard statement or pictogram  
consistent with 29 CFR 1910.1200, or a chemical hazard label consistent with the  
NFPA standard no. 704.  
(L) Use inventory logs, monitoring equipment, or other records to demonstrate that  
hazardous waste has been emptied within 180 days of first entering the tank if using a  
batch process, or in the case of a tank with a continuous flow process, demonstrate that  
estimated volumes of hazardous waste entering the tank daily exit the tank within  
180 days of first entering. The inventory logs or records must be maintained onsite and  
readily available for inspection.  
(iii) Place the hazardous waste on a drip pad and comply with all the following:  
(A) 40 CFR part 265, subpart W, except 265.445(c).  
(B) The small quantity generator shall remove all wastes from the drip pad not less  
than once every 90 days. Any hazardous wastes that are removed from the drip pad not  
less than once every 90 days are then subject to the 180-day accumulation limit in  
subdivision (b) of this subrule and R 299.9305 if hazardous wastes are being managed in  
satellite accumulation areas before being moved to the central accumulation area.  
(C) The small quantity generator shall maintain on-site the following records readily  
available for inspection:  
(I) A written description of procedures that will be followed to ensure that all wastes  
are removed from the drip pad and associated collection system not less than once every  
90 days.  
(II) Documentation of each waste removal, including the quantity of waste removed  
from the drip pad and the sump or collection system and the date and time of removal.  
(e) The applicable requirements of 40 CFR part 268.  
(f) The small quantity generator shall maintain and operate the small quantity generator  
site in a manner that minimizes the possibility of a fire, explosion, or any unplanned  
sudden or non-sudden release of hazardous waste or hazardous waste constituents to air,  
soil, or surface water that could threaten human health or the environment.  
(g) All areas where hazardous waste is either generated or accumulated must be  
equipped with all the items specified in this subdivision, unless none of the hazards posed  
by waste handled at the small quantity generator’s site could require a particular kind of  
specified equipment or the actual waste generation or accumulation area does not lend  
itself for safety reasons to have a particular kind of specified equipment. A small  
quantity generator shall determine the most appropriate locations to locate specified  
equipment necessary to prepare for and respond to emergencies, including all the  
following:  
(i) An internal communications or alarm system capable of providing immediate  
emergency instruction, voice or signal, to small quantity generator site personnel.  
(ii) A device, such as a telephone immediately available at the scene of operations or a  
hand-held two-way radio, capable of summoning emergency assistance from local police  
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departments, fire departments, or state or local emergency response teams.  
(iii) Portable fire extinguishers; fire control equipment, including special extinguishing  
equipment that use foam, inert gas, or dry chemicals; spill control equipment; and  
decontamination equipment.  
(iv) Water at adequate volume and pressure to supply water hose streams, or foam  
producing equipment, or automatic sprinklers, or water spray systems.  
(h) All communications or alarm systems, fire protection equipment, spill control  
equipment, and decontamination equipment, where required, must be tested and  
maintained as necessary to ensure its proper operation in time of emergency.  
(i) When hazardous waste is being poured, mixed, spread, or otherwise handled, all  
personnel involved in the operation shall have immediate, unimpeded access to an  
internal alarm or emergency communication device, either directly or through visual or  
voice contact with another employee, unless the device is not required under subdivision  
(g) of this subrule.  
(j) If there is just 1 employee on the premises while the small quantity generator’s site  
is operating, the employee shall have immediate unimpeded access to a device, such as a  
telephone that is immediately available at the scene of operation or a hand-held two-way  
radio, capable of summoning external emergency assistance, unless a device is not  
required under subdivision (g) of this subrule.  
(k) The small quantity generator shall maintain aisle space to allow the unobstructed  
movement of personnel, fire protection equipment, spill control equipment, and  
decontamination equipment to any area of small quantity generator’s site operation in an  
emergency, unless aisle space is not needed for any of these purposes.  
(l) The small quantity generator shall attempt to make arrangements with the local  
police department, fire department, other emergency response teams, emergency response  
contractors, equipment suppliers and local hospitals, taking into account the types and  
quantities of hazardous wastes handled at the small quantity generator’s site.  
Arrangements may be made with the local emergency planning committee if it is  
determined to be the appropriate organization with which to make arrangements. As part  
of this coordination, the small quantity generator shall attempt to familiarize these  
organizations with the layout of the small quantity generator’s site, the properties of  
hazardous waste handled at the small quantity generator’s site and associated hazards,  
places where personnel would normally be working, entrances to roads inside the small  
quantity generator’s site, and possible evacuation routes as well as the types of injuries or  
illnesses that could result from fires, explosions, or releases at the small quantity  
generator’s site. If more than 1 police or fire department might respond to an emergency,  
the small quantity generator shall attempt to make arrangements designating primary  
emergency authority to a specific fire or police department, and arrangements with any  
others to provide support to the primary emergency authority. The small quantity  
generator shall maintain records documenting the arrangements with the local fire  
department as well as other organizations necessary to respond to an emergency. This  
documentation must include documentation in the operating record that either confirms  
the arrangements actively exist or, if no arrangements exist, confirms that attempts to  
make the arrangements were made. A small quantity generator possessing 24-hour  
response capabilities may seek a waiver from the authority having jurisdiction over the  
fire code within the small quantity generator’s state or locality as far as needing to make  
143  
arrangements with the local fire department as well as other organizations necessary to  
respond to an emergency, if the waiver is documented in the operating record.  
(m) The small quantity generator shall ensure that, at all times, there is not less than 1  
employee either on the premises or on call with the responsibility for coordinating all  
emergency response measures specified in subdivision (p) of this subrule. This employee  
is the emergency coordinator and, if on call, shall be available to respond to an  
emergency by reaching the small quantity generator’s site within a short period of time.  
(n) The small quantity generator shall post next to telephones or in areas directly  
involved in the generation and accumulation of hazardous waste the name and emergency  
telephone number of the emergency coordinator; the location of fire extinguishers and  
spill control material, and, if present, fire alarm; and the telephone number of the fire  
department, unless the small quantity generator’s site has a direct alarm.  
(o) The small quantity generator shall ensure that all employees are thoroughly familiar  
with proper waste handling and emergency procedures relevant to their responsibilities  
during normal site operations and emergencies.  
(p) The emergency coordinator or the emergency coordinator’s designee shall respond  
to any emergencies that arise. The applicable responses are as follows:  
(i) In the event of a fire, call the fire department or attempt to extinguish the fire using  
a fire extinguisher.  
(ii) In the event of a spill, contain the flow of hazardous waste to the extent possible,  
and as soon as is practicable, clean up the hazardous waste and any contaminated  
materials or soil. The containment and cleanup may be conducted either by the small  
quantity generator or by a contractor on behalf of the small quantity generator.  
(iii) In the event of a fire, explosion, or other release of hazardous waste or hazardous  
waste constituents that could threaten human health or the environment or if the small  
quantity generator has knowledge that a spill has reached surface water or groundwater,  
the small quantity generator shall also immediately notify the department’s pollution  
emergency alerting system – telephone number 800--292-4706. For releases that could  
threaten human health outside the small quantity generator’s site or if the small quantity  
generator has knowledge that a spill has reached surface water, the small quantity  
generator shall immediately notify the national response center at its 24-hour toll free  
number – 800--424--8802. The notifications must include all the following information:  
(A) The name and telephone number of the person who is reporting the incident.  
(B) The name, address, telephone number, and site identification number of the small  
quantity generator.  
(C) The date, time, and type of incident.  
(D) The name and quantity of the material or materials involved and released.  
(E) The extent of injuries, if any.  
(F) The estimated quantity and disposition of recovered materials that resulted from  
the incident, if any.  
(G) An assessment of actual or potential hazards to human health or the environment.  
(H) The immediate response action taken.  
(q) The small quantity generator ensures that the area where the waste is accumulated is  
protected from weather, fire, physical damage, and vandals.  
(r) The small quantity generator ensures that hazardous waste accumulation is  
conducted so hazardous waste or hazardous waste constituents cannot escape by gravity  
144  
into the soil, directly or indirectly, into surface or groundwaters, or into drains or sewers  
and so that fugitive emissions are not in violation of part 55.  
(2) A small quantity generator that transports its waste, or offers its waste for  
transportation, over a distance of 200 miles or more for off-site treatment, storage, or  
disposal may accumulate hazardous waste on-site for 270 days or less without an  
operating license or without being an existing facility under to R 299.9502, if the small  
quantity generator complies with subrule (1)(b) to (r) of this rule.  
(3) A small quantity generator who accumulates hazardous waste for more than  
180 days, or 270 days as allowed for in subrule (2) of this rule, is an operator of a storage  
facility and is subject to the requirements of parts 5 to 7 of these rules unless the small  
quantity generator has been granted an extension to the 180-day or, if applicable 270-day,  
period. The director or the director’s designee may grant an extension if hazardous  
wastes must remain on-site for longer than 180 days or 270 days, if applicable, due to  
unforeseen, temporary, and uncontrollable circumstances. The director or the director’s  
designee may grant an extension of up to 30 days on a case--by-case basis.  
(4) A small quantity generator that sends a shipment of hazardous waste to a designated  
facility with the understanding that the designated facility can accept and manage the  
waste and later receives that shipment back as a rejected load or residue in accordance  
with the manifest discrepancy provisions of R 299.9608 may accumulate the returned  
waste on-site in accordance with subrule (1) to (3) of this rule. Upon receipt of the  
returned shipment, the small quantity generator shall do the following:  
(a) Sign Item 18c of the manifest, if the transporter returned the shipment using the  
original manifest.  
(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new  
manifest.  
(5) A small quantity generator experiencing an episodic event may accumulate  
hazardous waste in accordance with R 299.9316 instead of R 299.9307.  
R 299.9307 Conditions for exemption for large quantity generators that accumulate  
hazardous waste.  
Rule 307. (1) A large quantity generator may accumulate hazardous waste on-site  
without an operating license issued under part and without complying with the  
requirements of parts 5 to 8 of these rules or the notification requirements of section 3010  
of RCRA, 42 USC 6930, if all the following conditions for exemption are met:  
(a) The large quantity generator accumulates hazardous waste on-site for no more than  
90 days, unless the large quantity generator complies with the accumulation time  
extension or F006 accumulation conditions for exemption in subrules (2) to (5) of this  
rule.  
(b) The hazardous waste is managed under either of the following methods:  
(i) In containers and the large quantity generator complies with all the following:  
(A) The containment requirements of 40 CFR 264.175 and the applicable  
requirements of 40 CFR part 265, subparts AA, BB, and CC.  
(B) If a container holding hazardous waste is not in good condition, or if it begins to  
leak, the large quantity generator shall immediately transfer the hazardous waste from  
this container to a container that is in good condition and does not leak, or immediately  
manage the waste in some other way that complies with the conditions for exemption of  
145  
this rule.  
(C) Use a container made of or lined with materials that will not react with, and are  
otherwise compatible with, the hazardous waste to be accumulated, so that the ability of  
the container to contain the waste is not impaired.  
(D) Containers holding hazardous waste must be closed at all times during  
accumulation, except when it is necessary to add or remove waste.  
(E) Containers holding hazardous waste must not be opened, handled, or accumulated  
in a manner that may rupture the container or cause it to leak.  
(F) Not less than weekly, inspect central accumulation areas looking for leaking  
containers and for deterioration of containers caused by corrosion or other factors.  
(G) Both of the following special conditions for ignitable or reactive wastes:  
(I) Containers holding ignitable or reactive waste must be located not less than  
15 meters, 50 feet, from the large quantity generator’s property line unless a written  
approval is obtained from the authority having jurisdiction over the local fire code  
allowing hazardous waste accumulation to occur within this restricted area. A record of  
the written approval must be maintained on-site as long as ignitable or reactive hazardous  
waste is accumulated in this area.  
(II) The large quantity generator shall take precautions to prevent accidental ignition  
or reaction of ignitable or reactive waste. This waste must be separated and protected  
from sources of ignition or reaction including, but not limited to, the following: open  
flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks, spontaneous  
ignition, and radiant heat. While ignitable or reactive waste is being handled, the large  
quantity generator shall confine smoking and open flame to specially designated  
locations. "No smoking" signs must be conspicuously placed wherever there is a hazard  
from ignitable or reactive waste.  
(H) All the following special standards for incompatible wastes:  
(I) Incompatible wastes, or incompatible wastes and materials, must not be placed in  
the same container unless the requirements of 40 CFR 265.17(b) are met.  
(II) Hazardous waste must not be placed in an unwashed container that previously  
held an incompatible waste or material unless the requirements of 40 CFR 265.17(b) are  
met.  
(III) A container holding hazardous waste that is incompatible with any waste or  
other materials accumulated or stored nearby in other containers, piles, open tanks, or  
surface impoundments must be separated from the other materials or protected from them  
by means of a dike, berm, wall, or other device.  
(I) Mark or label each container with all the following:  
(I) The words "Hazardous Waste."  
(II) An indication of the hazards of the contents. The indication of the hazards of the  
contents may include the applicable hazardous waste characteristic or characteristics the  
hazard communication consistent with 49 CFR part 172, subpart E or F, a hazard  
statement or pictogram consistent with 29 CFR 1910.1200, or a chemical hazard label  
consistent with the NFPA standard no. 704.  
(III) The date when each period of accumulation begins clearly visible for inspection  
on each container.  
(ii) In tanks and the generator complies with the applicable requirements of  
40 CFR part 265, subparts J, AA, BB, and CC, except 265.197(c) and 265.200, and  
146  
R 299.9615, except for R 299.9615(1). For this rule, the references in R 299.9615 to  
40 CFR part 264 are replaced by references to 40 CFR part 265.  
(A) Mark or label each tank with all the following:  
(I) The words "Hazardous Waste."  
(II) A description of the waste or the hazardous waste number, and an indication of  
the hazards of the contents. The indication of the hazards of the contents may include the  
applicable hazardous waste characteristics or characteristics, the hazard communication  
consistent with 49 CFR part 172, subpart E or F, a hazard statement or pictogram  
consistent with 29 CFR 1910.1200, or a chemical hazard label consistent with the  
NFPA standard no. 704.  
(B) Use inventory logs, monitoring equipment, or other records to demonstrate that  
hazardous waste has been emptied within 90 days of first entering the tank if using a  
batch process, or in the case of a tank with a continuous flow process, demonstrate that  
estimated volumes of hazardous waste entering the tank daily exit the tank within 90 days  
of first entering. The inventory logs or records must be maintained onsite and readily  
available for inspection.  
(iii) On drip pads and the large quantity generator shall comply with all the following:  
(A) 40 CFR part 265, subpart W.  
(B) The large quantity generator shall remove all wastes from the drip pad not less  
than once every 90 days. Any hazardous wastes that are removed from the drip pad not  
less than once every 90 days are then subject to the 90-day accumulation limit in  
subdivision (a) of this subrule and R 299.9305 if hazardous wastes are being managed in  
satellite accumulation areas before being moved to the central accumulation area.  
(C) The large quantity generator shall maintain on-site the following records readily  
available for inspection:  
(I) A written description of procedures that will be followed to ensure that all wastes  
are removed from the drip pad and associated collection system not less than once every  
90 days.  
(II) Documentation of each waste removal, including the quantity of waste removed  
from the drip pad and the sump or collection system and the date and time of removal.  
(c) The large quantity generator complies with the requirements of 40 CFR part 262,  
subpart M. In the event of a fire, explosion, or other release of hazardous waste or  
hazardous waste constituents that could threaten human health or the environment or if  
the large quantity generator has knowledge that a spill has reached surface water or  
groundwater, the large quantity generator shall also immediately notify the department’s  
pollution emergency alerting system - telephone number 800-292-4706. The  
notifications must include all the following information:  
(i) The name and telephone number of the person who is reporting the incident.  
(ii) The name, address, telephone number, and site identification number of the large  
quantity generator.  
(iii) The date, time, and type of incident.  
(iv) The name and quantity of the material or materials involved and released.  
(v) The extent of injuries, if any.  
(vi) The estimated quantity and disposition of recovered materials that resulted from  
the incident, if any.  
(vii) An assessment of actual or potential hazards to human health or the environment.  
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(viii) The immediate response action taken.  
(d) The large quantity generator shall ensure that the area where the waste is  
accumulated is protected from weather, fire, physical damage, and vandals.  
(e) The large quantity generator shall ensure that hazardous waste accumulation is  
conducted so hazardous waste or hazardous waste constituents cannot escape by gravity  
into the soil, directly or indirectly, into surface or groundwaters, or into drains or sewers  
and so that fugitive emissions are not in violation of part 55.  
(f) Personnel shall successfully complete a program of classroom instruction, online  
training, or on--the--job training that teaches them to perform their duties in a way that  
ensures compliance with these rules. The large quantity generator shall ensure that this  
program includes all the elements described in the document required under subdivision  
(i) of this subrule. This program must be directed by a person trained in hazardous waste  
management procedures and include instruction that teaches personnel hazardous waste  
management procedures, including contingency plan implementation, relevant to the  
positions in which they are employed. At a minimum, the training program must be  
designed to ensure that personnel are able to respond effectively to emergencies by  
familiarizing them with emergency procedures, emergency equipment, and emergency  
systems, including, where applicable, all the following:  
(i) Procedures for using, inspecting, repairing, and replacing emergency and  
monitoring equipment.  
(ii) Key parameters for automatic waste feed cut-off systems.  
(iii) Communications or alarm systems.  
(iv) Response to fires or explosions.  
(v) Response to groundwater contamination incidents.  
(vi) Shutdown of operations.  
(g) For employees that receive emergency response training under  
29 CFR 1910.120(p)(8) and 1910.120(q), the large quantity generator is not required to  
provide separate emergency response training under this rule if that the overall training  
meets all the conditions of exemption in this rule.  
(h) Personnel shall successfully complete the program required in subdivision (f) of this  
subrule within 6 months after the date of their employment or assignment to the large  
quantity generator’s site, or to a new position at the site, whichever is later. Employees  
shall not work in unsupervised positions until they have completed the training standards  
of subdivision (f) of this subrule. Personnel shall also take part in an annual review of the  
initial training required in subrule (f) of this subrule.  
(i) The large quantity generator shall maintain all the following documents and records  
on-site:  
(i) The job title for each position at the site related to hazardous waste management,  
and the name of the employee filling each job.  
(ii) A written job description for each position listed under paragraph (i) of this  
subdivision. This description may be consistent in its degree of specificity with  
descriptions for other similar positions in the same company location or bargaining unit,  
but must include the requisite skill, education, or other qualifications, and duties of  
personnel assigned to each position.  
(iii) A written description of the type and amount of both introductory and continuing  
training that will be given to each person filling a position listed under paragraph (i) of  
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this subdivision.  
(iv) Records that document that the training or job experience, required under  
subdivisions (f) to (h) of this subrule, has been given to, and completed by, personnel.  
(j) Training records on current personnel must be maintained until closure of the large  
quantity generator’s site. Training records on former employees must be maintained for  
not less than 3 years from the date the employee last worked at the large quantity  
generator’s site. Personnel training records may accompany personnel transferred within  
the same company.  
(k) A large quantity generator accumulating hazardous wastes in containers, tanks, or  
drip pads must, before closing an individual waste accumulation unit or all the units, meet  
the following conditions:  
(i) If closing an individual unit, perform 1 of the following:  
(A) Place a notice in the operating record within 30 days after closure identifying the  
location of the unit.  
(B) Meet the closure performance standards of paragraph (iii) of this subdivision for  
containers or tanks or paragraph (iv) of this subdivision for drip pads and notify the  
director following the procedures in paragraph (ii)(B) of this subdivision. If the unit is  
subsequently reopened, the large quantity generator may remove the notice from the  
operating record.  
(ii) If closing all the units, comply with all the following:  
(A) Notify the director using Michigan site identification form EQP5150 no later than  
30 days before closing the large quantity generator’s site.  
(B) Notify the director using the Michigan site identification form EQP5150 within  
90 days after closing all the units that it has met the closure performance standards of  
paragraphs (iii) or (iv) of this subdivision. If the large quantity generator cannot meet  
these closure performance standards, notify the director using Michigan site identification  
form EQP5150 that it will close as a landfill under 40 CFR 265.310 in the case of a  
container or tank unit or 40 CFR 265.445(b) in the case of drip pads.  
(C) If additional time is needed to clean close all the units, notify the director using  
Michigan site identification form EQP5150 within 75 days after the date provided in  
subparagraph (A) of this paragraph to request an extension and provide an explanation as  
to why the additional time is required.  
(iii) At closure, close each unit in a manner that does all the following:  
(A) Minimizes the need for further maintenance by controlling, minimizing, or  
eliminating, to the extent necessary to protect human health and the environment, the  
postclosure escape of hazardous waste, hazardous constituents, leachate, contaminated  
run-off, or hazardous waste decomposition products to the ground or surface waters or to  
the atmosphere.  
(B) Removes or decontaminates all contaminated equipment, structures, and soil and  
any remaining hazardous waste residues from the unit including containment system  
components, contaminated soils and subsoils, bases, and structures and equipment  
contaminated with waste, unless R 299.9203(5) applies.  
(C) Any hazardous waste generated in the process of closing the unit must be  
managed in accordance with all applicable standards of parts 3 to 7 of these rules,  
including removing any hazardous waste contained in the unit within 90 days of  
generating it and managing these wastes in a facility licensed under part 111or under an  
149  
interim status or permitted facility under subtitle C of RCRA, 42 USC 6921 to 6939g, or  
a state program authorized thereunder.  
(D) If the large quantity generator demonstrates that any contaminated soils and  
wastes cannot be practicably removed or decontaminated as required in subparagraph (B)  
of this paragraph, then the unit is considered a landfill. For closure, postclosure, and  
financial responsibility, the large quantity generator shall close the unit and perform  
postclosure care in accordance with 40 CFR 265.310 and comply with the requirements  
for landfills specified in 40 CFR part 265, subparts G and H.  
(iv) At closure, the large quantity generator shall comply with the closure requirements  
of paragraphs (ii) and (iii)(A) and (C) of this subdivision and 40 CFR 265.445(a) and (b).  
(v) The closure requirements of this subdivision do not apply to satellite accumulation  
areas.  
(l) The applicable provisions of 40 CFR part 268.  
(2) A large quantity generator that accumulates hazardous waste for more than 90 days  
is an operator of a storage facility and is subject to the requirements of parts 5 to 8 of  
these rules and the notification requirements of section 3010 of RCRA, 42 USC 6930,  
unless it has been granted an extension to the 90-day period. The director or the director’s  
designee may grant an extension if hazardous wastes must remain on-site for longer than  
90 days, if applicable, due to unforeseen, temporary, and uncontrollable circumstances.  
The director or the director’s designee may grant an extension of up to 30 days on a  
case-by--case basis.  
(3) A large quantity generator that also generates wastewater treatment sludges from  
electroplating operations that meet the listing description for the hazardous waste number  
F006, may accumulate F006 waste on-site for more than 90 days, but not more than  
180 days without being subject to parts 5 to 8 of these rules and the notification  
requirements of section 3010 of RCRA, 42 USC 6930, if the large quantity generator  
complies with all the following additional conditions for exemption:  
(a) The large quantity generator has implemented pollution prevention practices that  
reduce the amount of any hazardous substances, pollutants, or contaminants entering  
F006 waste or otherwise released to the environment before its recycling.  
(b) The F006 waste is legitimately recycled through metals recovery.  
(c) No more than 20,000 kilograms of F006 waste is accumulated on-site at any 1 time.  
(d) The F006 waste is managed in accordance with the following:  
(i) The F006 waste is placed in either of the following:  
(A) In containers and the large quantity generator complies with the applicable  
conditions for exemption in R 299.9307(1)(b)(i).  
(B) Is placed in tanks and the large quantity generator complies with the applicable  
conditions for exemption in R 299.9307(1)(b)(ii).  
(ii) The date when each period of accumulation begins is clearly marked and visible for  
inspection on each container.  
(iii) While being accumulated on-site, each container and tank is labeled or marked  
clearly with both of the following:  
(A) The words "Hazardous Waste."  
(B) A description of the waste or the hazardous waste number, and an indication of the  
hazards of the contents. The indication of the hazards of the contents may include the  
applicable hazardous waste characteristic or characteristics, the hazard communication  
150  
consistent with 49 CFR part 172, subpart E or F, a hazard statement or pictogram  
consistent with 29 CFR 1910.1200, or a chemical hazard label consistent with the  
NFPA standard no. 704.  
(iv) The large quantity generator complies with the requirements in subrule (1)(c) to  
(k) of this rule.  
(4) A large quantity generator that also generates wastewater treatment sludges from  
electroplating operations that meet the listing description for hazardous waste number  
F006, and that must transport this waste, or offer this waste for transportation, over a  
distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste  
on-site for more than 90 days, but not more than 270 days without being subject to parts 5  
to 8 of these rules and the notification requirements of section 3010 of RCRA, 42 USC  
6930, if the large quantity generator complies with all the conditions for exemption of  
subrule (3) of this rule.  
(5) A large quantity generator accumulating F006 waste in accordance with subrules (3)  
and (4) of this rule that accumulates F006 waste on-site for more than 180 days, or for  
more than 270 days if the large quantity generator must transport this waste, or offer this  
waste for transportation, over a distance of 200 miles or more, or that accumulates more  
than 20,000 kilograms of F006 waste on-site is an operator of a storage facility and is  
subject to the requirements of parts 5 to 7 of these rules and the notification requirements  
of section 3010 of RCRA, 42 USC 6930, unless the large quantity generator has been  
granted an extension to the 180-day, or 270-day if applicable, period or an exception to  
the 20,000 kilogram accumulation limit. Extensions and exceptions may be granted by  
the director if F006 waste must remain on-site for longer than 180 days, or 270 days if  
applicable, or if more than 20,000 kilograms of F006 waste must remain on-site due to  
unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days  
or an exception to the accumulation limit may be granted at the discretion of the director  
on a case-by---case basis.  
(6) A large quantity generator may accumulate on-site hazardous waste received from  
very small quantity generators under control of the same person, without an operating  
license or complying with the requirements of parts 5 to 8 of these rules and the  
notification requirements of section 3010 of RCRA, 42 USC 6930, if the large quantity  
generator complies with all the following conditions. As used in this subrule, "control"  
means the power to direct the policies of the generator, whether by the ownership of  
stock, voting rights, or otherwise, except that contractors who operate generator facilities  
on behalf of a different person are not considered to control the generators.  
(a) The large quantity generator notifies the department not less than 30 days before  
receiving the first shipment from a very small quantity generator using Michigan site  
identification form EQP5150. The large quantity generator shall identify on the form the  
name, site address, and contact person name and business telephone number for each  
very small quantity generator. The large quantity generator shall also submit an updated  
Michigan site identification form EQP5150 within 30 days after a change in the name or  
site address for the very small quantity generator.  
(b) The large quantity generator maintains records of shipments for 3 years from the  
date the hazardous waste was received from the very small quantity generator. These  
records must identify the name, site address, and contact information for the very small  
quantity generator and include a description of the hazardous waste received, including  
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the quantity and the date the waste was received.  
(c) The large quantity generator complies with the independent requirements identified  
in R 299.9301(1)(c) and the conditions for exemption in this rule for all hazardous waste  
received from a very small quantity generator. For purposes of the labeling and marking  
regulations in subrule (1)(b) of this rule, the large quantity generator shall label the  
container or unit with the date accumulation started, the date the hazardous waste was  
received from the very small quantity generator. If the large quantity generator is  
consolidating incoming hazardous waste from a very small quantity generator with either  
its own hazardous waste or with hazardous waste from other very small quantity  
generators, the large quantity generator shall label each container or unit with the earliest  
date any hazardous waste in the container was accumulated on-site.  
(7) A large quantity generator that sends a shipment of hazardous waste to a designated  
facility with the understanding that the designated facility can accept and manage the  
waste, and later receives that shipment back as a rejected load or residue in accordance  
with the manifest discrepancy provisions of R 299.9608, may accumulate the returned  
waste on-site in accordance with subrules (1) and (2) of this rule. Upon receipt of the  
returned shipment, the large quantity generator shall do 1 of the following:  
(a) Sign Item 18c of the manifest, if the transporter returned the shipment using the  
original manifest.  
(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new  
manifest.  
R 299.9308 Site identification numbers for small and large quantity generators.  
Rule 308. (1) A small quantity or large quantity generator shall not treat or store,  
dispose of, or transport or offer for transportation, hazardous waste without having  
received a site identification number from the regional administrator or the regional  
administrator's designee.  
(2) A small quantity or large quantity generator who has not received a site  
identification number may obtain one by applying to the regional administrator or the  
regional administrator's designee. Upon receiving the request, the administrator shall  
assign a site identification number to the generator.  
(3) A small quantity or large quantity generator shall not offer their hazardous waste to  
transporters or to treatment, storage, or disposal facilities that have not received a site  
identification number.  
(4) Applications for site identification numbers must be made on Michigan site  
identification form EQP5150 and signed under 40 CFR 270.11(a)(1) to (3).  
(5) A small quantity generator shall re-notify the regional administrator or the regional  
administrator’s designee starting in 2021 and every 4 years afterwards. This  
re-notification must be submitted by September 1 of each year in which the  
re-notifications are required.  
(6) A large quantity generator shall re-notify the regional administrator or the regional  
administrator’s designee by March 1 of each even-numbered year afterwards. A large  
quantity generator may submit this re-notification as part of its biennial report required  
under R 299.9312.  
(7) A recognized trader shall not arrange for import or export of hazardous waste  
without having received a site identification number from the regional administrator or  
152  
the regional administrator’s designee.  
R 299.9309 Manifest requirements applicable to small and large quantity generators.  
Rule 309. (1) A small quantity or large quantity generator that transports, or offers for  
transport, a hazardous waste for off-site treatment, storage, or disposal, or a treatment,  
storage, or disposal facility that offers for transport a rejected hazardous waste load, shall  
do all the following for both domestic and international shipments:  
(a) Prepare a manifest, OMB Control number 2050-0039, on EPA Form 8700-22, and if  
necessary, EPA Form 8700-22A.  
(b) Use a manifest in accordance with 40 CFR 262.20 to 262.23, and 262.27 before  
transporting the waste offsite.  
(c) Instead of using a paper manifest as specified in subdivisions (a) and (b) of this  
subrule, prepare and use an electronic manifest in accordance with 40 CFR 3.10 and  
262.24.  
(d) Use a transporter or be a transporter, if a generator transports their own hazardous  
waste, that is registered and permitted under act 138 and part 4 of these rules.  
(2) The electronic signature methods for the e-manifest system must be methods that are  
designed and implemented in a manner that the EPA considers to be as cost-effective and  
practical as possible for the user of the manifest. An electronic signature must be a  
legally valid and enforceable signature under applicable EPA and other federal  
requirements pertaining to electronic signatures.  
(3) The requirements of this rule do not apply to hazardous waste that is produced by a  
small quantity generator if both of the following requirements are met:  
(a) The waste is reclaimed under a contractual agreement that specifies the type of  
waste and frequency of shipments and the vehicle used to transport the waste to the  
recycling facility and to deliver the regenerated material back to the generator is owned  
and operated by the reclaimer of the waste.  
(b) The generator maintains a copy of the reclamation agreement in the generator's files  
for a period of not less than 3 years after termination or expiration of the agreement.  
(4) A small quantity or large quantity generator that authorizes a transporter to  
commingle the generator’s hazardous waste under R 299.9405(2) or (3) shall do either of  
the following:  
(a) Place in the special handling instructions and additional information section of the  
manifest the hazardous waste number followed by the letters "CS," as specified in  
R 299.9405(2), or the letters "CD," as specified in R 299.9405(3), and the associated  
manifest line item.  
(b) Place in the special handling instructions and additional information section of the  
manifest the words "Commingle Same," as specified in R 299.9405(2), or the words  
"Commingle Different," as specified in R 299.9405(3), and the associated manifest line  
item.  
(5) The requirements of this rule and R 299.9310(1)(d) do not apply to the transport of  
hazardous waste shipments on a public or private right-of-way within or along the border  
of contiguous property under the control of the same person, even if the property is  
contiguous property divided by a public or private right-of-way. Notwithstanding  
R 299.9401, the generator or transporter shall comply with the requirements for  
transporters in R 299.9410 in the event of a discharge of hazardous waste on a public or  
153  
private right-of-way.  
(6) 40 CFR 3.10, 262.20, 262.21, 262.22, 262.23, 262.24, and 262.27 and the appendix  
to part 262 are adopted by reference in R 299.11003. For the purposes of adoption, the  
term "site identification number" replaces the term "EPA identification number," the term  
"R 299.9207" replaces the term "§261.7," and the term "§264.72" replaces the term  
"§265.72."  
R 299.9310 Pre-transport requirements applicable to small and large quantity generators.  
Rule 310. (1) Before transporting hazardous waste or offering hazardous waste for  
transportation off-site, a small quantity or large quantity generator shall do all the  
following:  
(a) Package the waste in accordance with the applicable DOT regulations on packaging  
under 49 CFR parts 173, 178, and 179.  
(b) Label each package in accordance with the applicable DOT regulations on  
hazardous materials under 49 CFR part 172.  
(c) Mark each package of hazardous waste in accordance with the applicable DOT  
regulations under 49 CFR part 172.  
(d) Mark each container of 119 gallons or less used in the transportation with the  
following words and information displayed in accordance with 49 CFR 172.304:  
(i) HAZARDOUS WASTE Federal Law Prohibits Improper Disposal. If found,  
contact the nearest police or public safety authority or the U.S. Environmental Protection  
Agency.  
(ii) Generator's Name and Address _________________  
(iii) Generator's Site Identification Number ____________  
(iv) Manifest Tracking Number _____________________  
(v) The hazardous waste number identifying the waste.  
(e) A generator may use a nationally recognized electronic system, such as bar coding,  
to identify the hazardous waste number, as required by subdivision (d)(v) or subdivision  
(f) of this subrule.  
(f) Lab packs that will be incinerated in compliance with 40 CFR 268.42(c) are not  
required to be marked with hazardous waste numbers, except D004, D005, D006, D007,  
D008, D010, and D011, if applicable.  
(g) Placard or offer the initial transporter the appropriate placards according to DOT  
regulations for hazardous materials under 49 CFR part 172, subpart F.  
(2) The placement of bulk or non-containerized liquid hazardous waste or hazardous  
waste containing free liquids, whether or not sorbents have been added, in any landfill is  
prohibited. Before disposal in a hazardous waste landfill, liquids must meet additional  
requirements as specified in 40 CFR 264.314 and 265.314.  
(3) 49 CFR parts 172, 173, 178, and 179 are adopted by reference in R 299.11004.  
R 299.9311 Recordkeeping for small and large quantity generators.  
Rule 311. (1) Small and large quantity generators shall keep records supporting the  
hazardous waste determinations made under R 299.9302 for not less than 3 years from  
the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.  
The records must include all the following information:  
(a) The type of waste and the source or process from which it was produced.  
154  
(b) The chemical composition and properties of the waste and the anticipated  
fluctuations in its chemical composition and properties.  
(c) The results of any tests, sampling, waste analyses, or other determinations made  
under R 299.9302.  
(d) Records documenting the validity and relevance of the tests, sampling, and  
analytical methods used, including all the following information:  
(i) The sampling procedure and the reasons for determining that the sample is  
representative of the waste.  
(ii) The accuracy and precision of any tests conducted.  
(e) The knowledge basis for the generator’s determination if testing, sampling, and  
waste analyses were not conducted.  
(2) A small or large generator that is requested by the director to submit any of the  
information in subrule (1) of this rule shall provide the required information within 30  
days after receipt of the request.  
(3) Small and large quantity generators shall keep a copy of each manifest signed under  
R 299.9309 for 3 years or until the small or large quantity generator receives a signed  
copy from the designated facility that received the waste. This signed copy must be  
retained as a record for not less than 3 years from the date the waste was accepted by the  
initial transporter.  
(4) A large quantity generator shall keep a copy of the data submitted under  
R 299.9312(1), exception report, or other report required by the director, or the director’s  
designee, for a period of not less than 3 years from the due date of the report.  
(5) Small and large quantity generators shall keep the documentation required under  
R 299.9503(1)(i)(ix) for not less than 3 years from the date that the waste was treated.  
(6) Small and large quantity generators shall keep the documentation required under  
R 299.9213(5) for not less than 3 years.  
(7) Small and large quantity generators shall keep documentation of all records required  
under R 299.9306 and R 299.9307, respectively, for not less than 3 years and make the  
records readily available to the department on request.  
(8) The periods of retention referred to in this rule are extended automatically during  
any unresolved enforcement action regarding the regulated activity or as requested by the  
director.  
R 299.9312 Reporting for large and small quantity generators.  
Rule 312. (1) A generator that is a large quantity generator for not less than 1 month of  
an odd-numbered year, the reporting year, that ships any hazardous waste off-site to a  
treatment, storage, or disposal facility within the United States shall complete and submit  
EPA Form 870013 A/B to the director or the director's designee by March 1 of the  
following even-numbered year and cover generator activities during the previous year.  
(2) Any generator that is a large quantity generator for not less than 1 month of an  
odd-numbered year, the reporting year, who treats, stores, or disposes of hazardous waste  
on-site shall complete and submit EPA Form 8700-13 A/B to the director or the director's  
designee by March 1 of the following even-numbered year covering those wastes in  
accordance with parts 5 and 6 of these rules. This requirement also applies to large  
quantity generators that receive hazardous waste from very small quantity generators  
under R 299.9307(6).  
155  
(3) Exports of hazardous waste to foreign countries are not required on EPA  
Form-8700-13-A/B. A separate annual report requirement is set forth in  
40 CFR 262.83(g) for hazardous waste exporters.  
(4) Any large quantity generator that does not receive a copy of the manifest with the  
handwritten signature of the owner or operator of the designated facility within 35 days  
of the date the waste was accepted by the initial transporter shall do both of the  
following:  
(a) Contact the transporter or the owner or operator of the designated facility to  
determine the status of the hazardous waste.  
(b) If the generator has not obtained confirmation that the manifest with the handwritten  
signature of the owner or operator of the designated facility within 45 days of the date the  
waste was accepted by the initial transporter, then the generator shall submit an exception  
report to the director, or the director’s designee, and the EPA regional administrator for  
the region in which the generator is located. The exception report must include both of  
the following:  
(i) A legible copy of the manifest for which the generator does not have confirmation  
of delivery.  
(ii) A cover letter signed by the generator, or the generator's authorized representative,  
explaining the efforts taken to locate the hazardous waste and the results of those efforts.  
(5) Any small quantity generator that does not receive a copy of the manifest with the  
handwritten signature of the owner or operator of the designated facility within 60 days  
of the date the waste was accepted by the initial transporter shall submit a legible copy of  
the manifest, with some indication that the generator has not received confirmation of  
delivery, to the director or the director’s designee and the regional administrator for the  
region in which the generator is located.  
(6) For rejected shipments of hazardous waste, the time frames referenced in subrules  
(4) and (5) of this rule begin the date the waste was accepted by the initial transporter  
forwarding the hazardous waste shipment from the designated facility to the alternate  
facility.  
(7) A generator shall furnish periodic reports of hazardous waste generated, stored,  
transferred, treated, disposed of, or transported for treatment, storage, or disposal required  
by the director or the director’s designee.  
R 299.9314 Transfrontier movements of hazardous waste for recovery and disposal.  
Rule 314. (1) Persons that import or export wastes that are considered hazardous under  
the United States national procedures and that are destined for recovery operations shall  
comply with 40 CFR part 262, subpart H, except 262.80, including recognition of the  
electronic import-export reporting compliance date. A waste is considered hazardous  
under the United States national procedures if it meets the federal definition of hazardous  
waste in 40 CFR 261.3 and it is subject to either the manifesting requirements of part 3 of  
these rules, the universal waste provisions of R 299.9228, or the export requirements in  
the spent lead-acid battery management standards of R 299.9804.  
(2) Any person subject to this rule, including a notifier, consignee, or recovery facility  
operator, that mixes 2 or more hazardous waste or wastes or otherwise subjects 2 or more  
hazardous waste or wastes to physical or chemical transformation operations, and thus  
creates a new hazardous waste, shall comply with the following requirements:  
156  
(a) The person is considered the generator of the waste and shall comply with the  
requirements of part 3 of these rules.  
(b) The applicable notifier requirements of 40 CFR part 262, subpart H.  
(3) 40 CFR part 262, subpart H, except 262.80, is adopted by reference in R 299.11003.  
R 299.9315 Academic laboratories; alternate generator requirements.  
Rule 315. (1) This rule provides alternate requirements for hazardous waste  
determinations and accumulation of hazardous waste in laboratories owned by eligible  
academic entities.  
(2) Persons with laboratories owned by eligible academic entities may elect to comply  
with the requirements of 40 CFR part 262, subpart K, except 262.201 and 262.202,  
instead of the requirements of R 299.9304 to R 299.9307, as applicable.  
(3) 40 CFR part 262, subpart K, except 262.201 and 262.202 and the references to  
performance track members, is adopted by reference in R 299.11003. For the purposes of  
adoption, the term "director" replaces the term "EPA regional administrator," the term  
"site identification number" replaces "EPA identification number," the term "operating  
license" replaces the term "RCRA Part B permit," the term "hazardous waste numbers"  
replaces the term "hazardous waste codes," the term "Michigan site identification form  
EQP5150" replaces the term "RCRA Subtitle C Site Identification Form (EPA Form  
8700-12)," the term "R 299.9101(bb)" replaces the term "§260.11," the term  
"R 299.9212" replaces the term "40 CFR part 261, subpart C," the term "R299.9213 and  
R 299.9214" replaces the term "40 CFR part 261, subpart D," the term "R 299.9202"  
replaces the term "§261.2," the term "R 299.9203" replaces the term "§261.3," the term  
"R 299.9304" replaces the term "§261.5," the term "R 299.9214" replaces the term  
"§261.33(e)," the term "part 3 of the rules" replaces the term "40 CFR part 262," the term  
"R 299.9302" replaces the term "§262.11," the term "R 299.9302(1)(a)" replaces the  
term "§262.11(a)," the term "R 299.9303" replaces the term "§262.13," the term  
"R 299.9304" replaces the term "§262.14," the term "R 299.9305" replaces the term  
"§262.15," the term "R 299.9306" replaces the term "§262.16," the term  
"R 299.9306(1)(d)(i)(G) and (ii)(K)" replaces the term "§262.16(b)(6)," the term  
"R 299.9307" replaces the term "§262.17," and the term "R 299.9307(1)(b)(i)(I) and  
(ii)(A)" replaces the term "§262.17(a)(5)."  
R 299.9316 Episodic generation; alternate requirements for very small and small  
quantity generators.  
Rule 316. (1) This rule provides alternative requirements for very small and small  
quantity generators and the episodic generation of wastes beyond their usual generator  
categories.  
(2) A very small quantity generator may maintain its existing generator category for  
hazardous waste generated during an episodic event if the very small quantity generator  
complies with all the following conditions:  
(a) The very small quantity generator is limited to 1 episodic event per calendar year,  
unless a petition is granted under subrules (4) to (7) of this rule.  
(b) The very small quantity generator shall notify the director no later than 30 calendar  
days before initiating a planned episodic event using Michigan site identification form  
EQP5150. In the event of an unplanned episodic event, the very small quantity generator  
157  
shall notify the director within 72 hours of the unplanned event via phone, email, or fax  
and subsequently submit Michigan site identification form EQP5150. The very small  
quantity generator shall include the start date and end date of the episodic event, the  
reason or reasons for the event, types and estimated quantities of hazardous waste  
expected to be generated as a result of the episodic event and identify a facility contact  
and emergency coordinator with 24-hour telephone access to discuss the notification  
submittal or respond to an emergency in compliance with R 299.9306(1)(n).  
(c) The very small quantity generator shall have a site identification number or obtain a  
site identification number using Michigan site identification form EQP5150.  
(d) A very small quantity generator is prohibited from accumulating hazardous waste  
generated from an episodic event on drip pads and in containment buildings.  
(e) The episodic hazardous waste is managed under 1 or more of the following  
methods:  
(i) In containers and the very small quantity generator complies with all the following:  
(A) The standards of R 299.9306(1)(d)(i).  
(B) Each container is marked or labeled with all the following:  
(I) The words "Episodic Hazardous Waste."  
(II) A description of the waste and an indication of the hazards of the contents. The  
indication of the hazards of the contents may include the applicable hazardous waste  
characteristic or characteristics; the hazard communication consistent with  
49 CFR part 172, subpart E or F; a hazard statement or pictogram consistent with  
29 CFR 1910.1200; or a chemical hazard label consistent with the  
NFPA standard no. 704.  
(III) The date the episodic event began.  
(ii) In tanks and the very small quantity generator complies with all the following:  
(A) The standards of R 299.9306(1)(d)(ii).  
(B) Each tank is marked or labeled with both of the following:  
(I) The words "Episodic Hazardous Waste."  
(II) A description of the waste and an indication of the hazards of the contents. The  
indication of the hazards of the contents may include the applicable hazardous waste  
characteristic or characteristics; hazard communication consistent with 49 CFR part 172,  
subpart E or F; a hazard statement or pictogram consistent with 29 CFR 1910.1200; or a  
chemical hazard label consistent with the NFPA standard no. 704.  
(C) Use inventory logs, monitoring equipment, or other records to identify the date  
upon which each episodic event begins.  
(D) Keep inventory logs or records with the above information on-site and readily  
available for inspection.  
(iii) Hazardous waste must be managed in a manner that minimizes the possibility of a  
fire, explosion, or release of hazardous waste or hazardous waste constituents to the air,  
soil, or water which could threaten human health or the environment.  
(f) The very small quantity generator shall comply with the hazardous waste manifest  
provisions in R 299.9309 when it sends its episodic event hazardous waste off-site to a  
designated facility. The very small quantity generator has up to 60 calendar days from  
the start of the episodic event to manifest and send its hazardous waste generated from  
the episodic event to a designated facility.  
(g) The very small quantity generator shall maintain all the following records for  
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3 years from the end date of the episodic event:  
(i) The beginning and end dates of the episodic event.  
(ii) A description of the episodic event.  
(iii) A description of the types and quantities of hazardous wastes generated during the  
event.  
(iv) A description of how the hazardous waste was managed as well as the name of the  
designated facility that received the hazardous waste.  
(v) The name of hazardous waste transporters.  
(vi) An approval letter from director if the very small quantity generator petitioned to  
conduct 1 additional episodic event per calendar year.  
(3) A small quantity generator may maintain its existing generator category for  
hazardous waste generated during an episodic event if the small quantity generator  
complies with all the following conditions:  
(a) The small quantity generator is limited to 1 episodic event per calendar year, unless  
a petition is granted under subrules (4) to (7) of this rule.  
(b) The small quantity generator shall notify the director no later than 30 calendar days  
before initiating a planned episodic event using Michigan site identification form  
EQP5150. In the event of an unplanned episodic event, the small quantity generator shall  
notify the director within 72 hours of the unplanned event via phone, email, or fax and  
subsequently submit Michigan site identification form EQP5150. The small quantity  
generator shall include the start date and end date of the episodic event, the reason or  
reasons for the event, the types and estimated quantities of hazardous waste expected to  
be generated as a result of the episodic event and identify a small quantity generator  
contact and emergency coordinator with 24-hour telephone access to discuss the  
notification submittal or respond to an emergency.  
(c) The small quantity generator shall have a site identification number or obtain a site  
identification number using Michigan site identification form EQP5150.  
(d) A small quantity generator is prohibited from accumulating hazardous waste  
generated from an episodic event on drip pads and in containment buildings.  
(e) The episodic hazardous waste is managed under 1 or more of the following  
methods:  
(i) In containers and the small quantity generator complies with all he following:  
(A) R 299.9306(1)(d)(i).  
(B) Each container is marked or labeled with all the following:  
(I) The words "Episodic Hazardous Waste."  
(II) A description of the waste and an indication of the hazards of the contents. The  
indication of the hazards of the contents may include the applicable hazardous waste  
characteristic or characteristics; the hazard communication consistent with  
49 CFR part 172, subpart E or F; a hazard statement or pictogram consistent with  
29 CFR 1910.1200; or a chemical hazard label consistent with the NFPA  
standard no. 704.  
(III) The date the episodic event began.  
(ii) In tanks and the small quantity generator complies with all the following:  
(A) The standards of R 299.9306(1)(d)(ii).  
(B) Each tank is marked or labeled with both of the following:  
(I) The words "Episodic Hazardous Waste."  
159  
(II) A description of the waste and an indication of the hazards of the contents. The  
indication of the hazards of the contents may include the applicable hazardous waste  
characteristic or characteristics; the hazard communication consistent with  
49 CFR part 172, subpart E or F; a hazard statement or pictogram consistent with  
29 CFR 1910.1200; or a chemical hazard label consistent with the NFPA  
standard no. 704.  
(C) Use inventory logs, monitoring equipment, or other records to identify the date  
upon which each episodic event begins.  
(D) Keep inventory logs or records with the above information on-site and readily  
available for inspection.  
(f) The small quantity generator shall treat the hazardous waste generated from an  
episodic event on-site or manifest and ship the hazardous waste off-site to a designated  
facility within 60 calendar days from the start of the episodic event to manifest and send  
its hazardous waste generated from the episodic event to a designated facility.  
(g) The small quantity generator shall maintain all the following records for 3 years  
from the end date of the episodic event:  
(i) The beginning and end dates of the episodic event.  
(ii) A description of the episodic event.  
(iii) A description of the types and quantities of hazardous wastes generated during the  
event.  
(iv) A description of how the hazardous waste was managed as well as the name of the  
designated facility that received the hazardous waste.  
(v) The name of hazardous waste transporters.  
(vi) An approval letter from the director if the small quantity generator petitioned to  
conduct 1 additional episodic event per calendar year.  
(4) A very small quantity generator or small quantity generator may petition the director  
for a second episodic event in a calendar year without impacting its generator category  
under the following conditions:  
(a) If a very small quantity generator or small quantity generator has already held a  
planned episodic event in a calendar year, the generator may petition the director for an  
additional unplanned episodic event in that calendar year within 72 hours of the  
unplanned event.  
(b) If a very small quantity generator or small quantity generator has already held an  
unplanned episodic event in a calendar year, the generator may petition the director for an  
additional planned episodic event in that calendar year.  
(5) The petition must include the following:  
(a) The reason or reasons why an additional episodic event is needed and the nature of  
the episodic event.  
(b) The estimated amount of hazardous waste to be managed from the event.  
(c) How the hazardous waste is to be managed.  
(d) The estimated length of time needed to complete management of the hazardous  
waste generated from the episodic event. This estimated length of time must not exceed  
60 days.  
(e) Information regarding the previous episodic event managed by the very small  
quantity generator or small quantity generator, including the nature of the event, whether  
it was a planned or unplanned event, and how the very small quantity generator or small  
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quantity generator met the conditions.  
(6) The petition must be made to the director in writing, either on paper or  
electronically.  
(7) The very small quantity generator or small quantity generator shall retain written  
approval in its records for 3 years from the date the episodic event ended.  
PART 4. TRANSPORTERS OF HAZARDOUS WASTE  
R 299.9401 Scope.  
Rule 401. (1) This part applies to transporters of hazardous waste if the transportation  
requires a manifest under part 3 of these rules, and transporters operating under  
R 299.9309(3).  
(2) This part does not apply to on-site transportation of hazardous waste either by  
generators or by owners or operators of licensed hazardous waste treatment, storage, or  
disposal facilities.  
(3) A transporter of hazardous waste shall also comply with part 3 of these rules relating  
to hazardous wastes, except for R 299.9311(4) and R 299.9312(1) and (2), and the  
accumulation time limits specified in R 299.9404(1)(b), if either of the following  
provisions apply to the transporter:  
(a) The transporter is the United States importer of hazardous waste into the state from  
abroad.  
(b) The transporter commingles, by placing the waste in the same container, compatible  
hazardous waste of different DOT shipping descriptions where the DOT hazard class or  
the DOT packing group differs in a manner that alters the components of the waste  
description on the generator's original manifest.  
(4) A person that commingles hazardous waste from lab packs shall comply with  
parts 5, 6, and 7 of these rules if the wastes from the lab packs are mixed.  
(5) A transporter of hazardous waste that is being imported from or exported to another  
country for recovery or disposal shall comply with the requirements of this part and  
R 299.9314.  
(6) This part does not apply to transportation during an explosives or munitions  
emergency response that is conducted under R 299.9503(2).  
R 299.9404 Transfer facility requirements.  
Rule 404. (1) A transporter at a transfer facility shall comply with all the following  
requirements:  
(a) Manage vehicles and hazardous wastes so that hazardous waste and hazardous  
waste constituents cannot escape into the soil, directly or indirectly into surface or  
groundwaters, or uncontrolled into drains or sewers and so that fugitive emissions are  
controlled by closing, covering, or otherwise sealing containers, as required by  
49 CFR 173.24(b), at all times unless the container is being filled or emptied of waste or  
is being cleaned.  
(b) Store hazardous wastes, subject to manifesting requirements, in containers meeting  
the applicable requirements of 49 CFR parts 107 and 172 to 180 for a period of 10 days  
or less. Storage for a period of more than 10 days requires compliance with the  
treatment, storage, and disposal facility requirements of parts 5, 6, and 7 of these rules.  
161  
(c) Hazardous wastes must not be routed to the same transfer facility more than once  
during transportation, unless either of the following provisions applies:  
(i) The load has been rejected by the treatment, storage, and disposal facility and the  
load is either being returned to the generator or is being sent to an alternate treatment,  
storage, and disposal facility.  
(ii) A transporter was temporarily unable to deliver the waste for reasons unrelated to  
the suitability of the treatment, storage, and disposal facility to manage the waste, such as  
treatment, storage, and disposal facility maintenance or overbooking or delivery of the  
load after normal business hours, and rerouting was necessary to ensure subsequent  
delivery at the designated facility.  
(d) When consolidating the contents of 2 or more containers with the same hazardous  
waste into a new container, or when combining and consolidating 2 different hazardous  
wastes that are compatible with each other, the transporter shall mark its containers of  
119 gallons or less with the following information:  
(i) The words "Hazardous Waste."  
(ii) The applicable hazardous waste numbers, or in compliance with R 299.9305(1)(e).  
(2) A transporter who offloads hazardous wastes during transportation for storage off of  
the vehicle or conveyance of waste in accordance with R 299.9503(1)(k) shall comply  
with all the following requirements:  
(a) The requirements of subrule (1) of this rule.  
(b) For new activity, before the activity begins, provide notification to the department.  
Within 30 days of changes to information included in the notification a subsequent  
notification is required. The notification must include all the following information:  
(i) The transporter name and site identification number.  
(ii) The transporter mailing address.  
(iii) The transporter telephone number.  
(iv) The owner of the transfer facility.  
(v) The location and telephone number of all the transfer facilities.  
(vi) A description of the transfer activity performed at each transfer facility location.  
(c) Obtain financial capability as specified in R 299.9711 for transfer facilities.  
(d) The requirements of 49 CFR parts 130 and 172 to 180, and 40 CFR 263.31  
concerning the use and management of containers.  
(e) Secondary containment must be sufficiently impervious to prevent any hazardous  
waste or hazardous waste constituent released into the containment system from  
migrating out of the system to the soil, groundwater, or surface water.  
(f) The requirements of 49 CFR 172.602, 172.702, 172.704, and 177.848 and  
29 CFR part 1910, subpart L, and 1910.120(q) and 1910.132 to 1910.138 concerning  
preparedness and prevention, contingency planning and emergency procedures, and  
training.  
(g) Maintain an inventory log that tracks manifested hazardous waste that is managed at  
the transfer facility by date of receipt, date of shipment off-site, and manifest number.  
The inventory log, or similar documentation, must also include the date of the weekly  
inspection of the areas where containers are stored and the results of the inspection,  
including, at a minimum, any evidence of container failure, the condition of secondary  
containment, and remediation correcting any problems noted. Except as required in  
subdivision (a) of this subrule, the requirements of this subrule do not apply when, during  
162  
transportation, there is a continuous physical link between vehicles or vehicles and  
pipelines for waste being offloaded or, in the case of bulk- -packagings authorized by  
49 CFR 173.240, the break in the link between the transport vehicles is no longer than is  
necessary to accomplish the immediate transfer of the bulk packagings from 1 vehicle to  
another vehicle.  
(3) Transfer facility operations must not occur at treatment, storage, and disposal  
facilities.  
(4) 49 CFR parts 107, 130, and 171 to 180, and 29 CFR part 1910, subpart L, and  
1910.120(q) and 1910.132 to 1910.138 are adopted by reference in R 299.11004.  
R 299.9405 Consolidation and commingling of hazardous waste.  
Rule 405. (1) A transporter consolidating containers of hazardous waste shall ensure  
that the original manifest for each hazardous waste container in the consolidated  
shipment accompanies the shipment.  
(2) A transporter commingling hazardous wastes of the same DOT shipping description  
if the DOT hazard class and DOT packing group remain the same shall comply with all  
the following requirements:  
(a) 49 CFR part 173, as applicable.  
(b) Conduct commingling, unless performed at the generator location when the load is  
first received by the transporter, in a secondarily contained area that is sufficiently  
impervious to prevent any hazardous waste or hazardous waste constituent released into  
the containment system from migrating out of the system to the soil, groundwater, or  
surface water.  
(c) Ensure that commingled wastes are destined for a single disposal facility.  
(d) Ensure that incompatible wastes are not commingled.  
(e) Ensure that commingled wastes do not undergo chemical or thermal change or  
treatment and ensure that the resultant waste retains both the physical and chemical  
characteristics similar to the individual wastes before they were commingled.  
(f) Ensure that the generator authorizes the commingling in accordance with  
R 299.9309(4) and places in the special handling instructions and additional information  
section of the manifest the hazardous waste number followed by the letters "CS" and the  
associated manifest line item, denoting the commingling activity.  
(g) For bulk rail or water shipments, ensure that where the commingling of wastes  
results in the original shipment being transported to the designated facility by more than  
1 vehicle the extra copies of the manifest as provided by the generator in accordance with  
R 299.9309 accompany each of the vehicles and that the transporter prepares a  
DOT-approved shipping paper and attaches the shipping paper to the top of the manifest  
or manifests. The shipping paper must reflect the differences from the original shipment  
in terms of quantity, count, and DOT-approved packaging.  
(h) Ensure that where the commingling of wastes results in changes to the quantity,  
count, or DOT--approved packaging on the generator manifest or manifests, the  
transporter prepares a DOT-approved shipping paper and attaches the shipping paper to  
the top of the manifest or manifests. The shipping paper must reflect the differences from  
the original shipment in terms of quantity, count, and DOT-approved packaging.  
(i) Ensure that, where a commingled load is rejected by the designated facility, all  
generators contributing to the commingled load are contacted to designate an alternate  
163  
facility and that the rejected commingled wastes are not returned to any single generator.  
(3) A transporter commingling compatible hazardous wastes of different DOT shipping  
descriptions where the DOT hazard class or DOT packing group differs in a manner that  
alters the components of the waste description on the generator's original manifest shall  
comply with all the following requirements:  
(a) Comply with the requirements of subrule (2)(a) to (e) of this rule.  
(b) For new activity, before the activity beginning, provide notification to the  
department. Within 30 days of changes in information included in the original  
notification a subsequent notification is required. The notification must include all the  
following information:  
(i) The transporter name and site identification number.  
(ii) The transporter mailing address.  
(iii) The transporter telephone number.  
(iv) The owner of the facility.  
(v) If other than the generator site, the location of the facility and the telephone number  
where commingling activity is performed.  
(vi) The description of the commingling activity performed at each facility location.  
(c) Prepare a new manifest as a generator in accordance with part 3 of these rules.  
(d) On the new manifest in the special handling instructions and additional information  
section, describe the commingled load by adding the hazardous waste number followed  
by the letters “CD" and the manifest line item.  
(e) Ensure that the transporter-initiated manifest and the generator manifests  
accompany the shipment to the designated facility. The transporter-initiated manifest  
must satisfy DOT shipping paper requirements and be segregated from the generator  
manifests. All generator and transporter manifests must be signed by an authorized  
representative of the designated facility upon receipt of the waste.  
(f) Comply with part 3 of these rules relating to the wastes, except for R 299.9311(4)  
and R 299.9312(1) and (2) and the accumulation time limits specified in  
R 299.9404(1)(b).  
(g) Ensure that, where a commingled load is rejected by the designated facility, all  
other generators contributing to the load are contacted to jointly, with the transporter,  
designate an alternate facility and that the rejected commingled wastes are not returned to  
any single generator. The transporter, under this part, shares generator responsibility.  
R 299.9406 Transporter vehicle requirements.  
Rule 406. (1) A transporter shall carry a copy of the registration and permit, issued in  
accordance with act 138, and make it available for inspection upon request by the director  
or the director's designee.  
(2) A transporter shall close or cover all vehicles or containers used to transport  
hazardous waste to prevent the escape of hazardous waste or hazardous waste  
constituents. A transporter shall keep the outside of all vehicles and accessory equipment  
free of hazardous waste or hazardous waste constituents.  
(3) A transporter shall ensure that all portions of vehicles that have been in contact with  
hazardous waste are cleaned of any hazardous waste or hazardous waste constituents and  
purged of vapor before the transport of any products, incompatible waste, or non-waste  
material.  
164  
(4) A transporter shall protect hazardous waste in the transporter's possession from  
exposure to weather, fire, physical damage, and vandals.  
R 299.9407 Transporter facility inspections.  
Rule 407. (1) The department may inspect all in-state stationary facilities where the  
transporter owns or holds an interest and at which routine operations associated with the  
transport of hazardous wastes are performed. Routine operations may include any of the  
following:  
(a) Vehicle storage.  
(b) Vehicle cleaning.  
(c) Routine mechanical maintenance.  
(d) Transfer operations.  
(e) Dispatching.  
(f) Recordkeeping.  
(2) The department shall determine, at the time of an inspection, all the following:  
(a) Based on a visual inspection, whether there is evidence that hazardous wastes or  
hazardous waste constituents have escaped to the air, soil, surface water, groundwater,  
drains, or sewers.  
(b) If vehicles are cleaned on-site, whether proper procedures exist for wash water  
disposal.  
(c) Whether facilities are constructed or situated so as to minimize the possibility of the  
release or escape of hazardous waste or hazardous waste constituents to the soil, surface  
water, or groundwater.  
(d) Whether the transporter complies with other requirements of this part.  
R 299.9408 Transporter vehicle inspections.  
Rule 408. The department may inspect a vehicle to determine compliance with this part  
of these rules.  
R 299.9409 Transporter manifest and recordkeeping requirements.  
Rule 409. (1) Hazardous waste transporters shall only transport hazardous waste using a  
manifest signed in accordance with 40 CFR 262.23, or an electronic manifest that is  
obtained, completed, and transmitted in accordance with 40 CFR 262.20(a)(3), and  
signed with in accordance with R 299.9309(2). Hazardous waste transporters shall  
comply with 40 CFR part 263, subpart B, regarding the manifest system, compliance with  
the manifest, and recordkeeping.  
(2) If the hazardous waste cannot be delivered pursuant to the manifest and  
40 CFR 263.21(a), and if the transporter revises the manifest pursuant to  
40 CFR 263.21(b)(1), the transporter shall legibly note on the manifest the name and  
phone number of the person representing the generator from whom instructions have  
been obtained.  
(3) A transporter whose manifested shipment results in a manifest discrepancy, as  
specified in R 299.9608, and a total or partial rejected shipment shall comply with  
40 CFR 263.21(b)(2). Before accepting the rejected portion of the original shipment for  
transportation, the transporter shall confirm that the generator has prepared a new  
manifest under part 3 of these rules.  
165  
(4) A transporter shall retain all records, logs, or documents required under this part for  
a period of 3 years and make the records, logs, and documents readily available for  
inspection by the director or the director’s designee, upon request. The retention period  
is extended during any unresolved enforcement action regarding the regulated activity or  
as otherwise required by the department.  
(5) 40 CFR part 263, subpart B, is adopted by reference in R 299.11003. For the  
purposes of adoption, the term "R 299.9207" replaces the term "§261.7."  
R 299.9410 Hazardous waste discharges.  
Rule 410. (1) If a fire, explosion, or other discharge of hazardous waste or hazardous  
waste constituents occurs during transportation that could threaten human health or the  
environment, or if a transporter has knowledge that a spill has reached surface water or  
groundwater, then the transporter shall take appropriate immediate action to protect  
human health and the environment, including notification of local authorities and the  
department's pollution emergency alerting system telephone number 800-292-4706.  
Each notification must include all the following information:  
(a) Name of the reporter.  
(b) Name and address of carrier represented by the reporter.  
(c) Telephone number where the reporter can be contacted.  
(d) Date, time, and location of the incident.  
(e) The extent of injuries, if known.  
(f) Classification, name, and quantity of the hazardous waste involved and if a  
continuing danger to life exists at the scene of the fire explosion, or other discharge.  
(2) If a discharge of hazardous waste or hazardous waste constituents occurs during  
transportation and if a state, local government, or federal official acting within the scope  
of the official's official responsibilities determines that immediate removal of the waste is  
necessary to protect human health or the environment, then the official may authorize the  
removal of the waste, without the preparation of a manifest, by transporters that do not  
have site identification numbers and a registration and permit under act 138.  
(3) A transporter that has discharged hazardous waste or hazardous waste constituents  
shall comply with all the following requirements:  
(a) Give notice, if required pursuant to 49 CFR 171.15, to the National Response  
Center at 800-424-8802 or 202-426-2675.  
(b) Report, in writing, as required by 49 CFR 171.16, to the Director, Office of  
Hazardous Materials Regulations, Materials Transportation Bureau, Department of  
Transportation, Washington, DC 20590.  
(c) Provide notice, if the discharge was from a water (bulk shipment), as required by  
33 CFR 153.203 for oil and hazardous substances.  
(d) Ensure cleanup of any hazardous waste or hazardous waste constituent discharge or  
take action as may be required or approved by federal, state, or local officials so that the  
hazardous waste or hazardous waste constituent discharge no longer presents a hazard to  
human health or the environment.  
(4) The provisions of 33 CFR 153.203 and 49 CFR 171.15 and 171.16 are adopted by  
reference in R 299.11004.  
PART 5. OPERATING LICENSES  
166  
R 299.9501 Operating licenses for new facilities; and expansion, enlargement, or  
alteration of existing facilities; applicability.  
Rule 501. (1) Except as otherwise specified in R 299.9503, R 299.9524, and  
subrules (2), (3), and (4) of this rule, issuance of an operating license by the director must  
occur before any of the following begins:  
(a) The physical construction of a new treatment, storage, or disposal facility.  
(b) The expansion or enlargement beyond the previously authorized design capacity or  
area of a treatment, storage, or disposal facility.  
(c) The alteration of the method of treatment or disposal previously authorized at a  
treatment or disposal facility to a different method of treatment or disposal. A change in  
only the types and quantity of waste treated, stored, or disposed of, without an expansion,  
enlargement, or alteration of the facility, does not require a new operating license. These  
types of changes may require modification of the operating license as set forth in this part  
or, for facilities operating without a license in accordance with the provisions of  
R 299.9502(3), (4), or (5), submittal by the owner or operator of a revised part A  
application before the change.  
(2) Each method of treatment or disposal requires a separate operating license. Either  
or both of the following may be authorized under an operating license for treatment or  
disposal:  
(a) Storage associated with the treatment or disposal.  
(b) Wastewater treatment facilities treating wastewater generated from the treatment or  
disposal of a hazardous waste.  
(3) If the director finds an imminent and substantial endangerment to human health or  
the environment, the director may issue a temporary emergency operating license to a  
nonlicensed facility to allow treatment, storage, or disposal of hazardous waste or to a  
licensed facility to allow treatment, storage, or disposal of a hazardous waste not covered  
by an effective operating license. These activities are not subject to the operating license  
requirements of part 111 and these rules for new facilities or the expansion, enlargement,  
or alteration of existing facilities. An emergency operating license may be oral or  
written. If oral, it must be followed in 5 days by a written emergency operating license.  
The emergency operating license may be terminated by the director at any time if the  
director determines that termination is appropriate to protect human health and the  
environment. An emergency operating license must comply with all the following  
requirements:  
(a) It must not exceed 90 days in duration.  
(b) It must clearly specify the hazardous wastes to be received and the manner and  
location of their treatment, storage, or disposal.  
(c) It must be accompanied by a public notice published in accordance with  
R 299.9513, including all the following information:  
(i) Name and address of the office granting the emergency authorization.  
(ii) Name and location of the licensed facility.  
(iii) A brief description of the wastes involved.  
(iv) A brief description of the action authorized and the reasons for authorizing it.  
(v) Duration of the emergency operating license.  
(d) It must incorporate, to the extent possible and not inconsistent with the emergency  
167  
situation, all applicable requirements of this part and part 6 of these rules. An emergency  
operating license is not subject to the licensee fees specified by R 299.9510. The licensee  
shall pay for the cost of all public notices required by these rules for the emergency  
operating license.  
(4) The director may issue a temporary operating license to any person that proposes to  
utilize, for research purposes, an innovative and experimental hazardous waste treatment  
technology or process for which standards have not been promulgated under these rules.  
These licensed activities are exempt from the requirements of part 111 and these rules for  
new facilities or the expansion, enlargement, or alteration of existing facilities. To  
expedite the review and issuance of operating licenses under this subrule, the director  
may, consistent with the protection of human health and the environment, modify or  
waive the license application requirements of R 299.9508, except that the director shall  
not waive rules regarding financial responsibility, including insurance, or waive the  
public participation process specified in R 299.9511. A temporary operating license  
issued by the director under this subrule must comply with all the following provisions:  
(a) Provide for the construction of facilities, as necessary, and for the operation of the  
facilities for not more than 1 year, unless renewed, except that any operating license  
issued under this subrule must not be renewed more than 3 times and each renewal must  
be for a period of not more than 1 year.  
(b) Provide for the receipt and treatment by the facility of only those types and  
quantities of hazardous waste that the director determines necessary for purposes of  
determining the efficacy and performance capabilities of the technology or process and  
the effects of the technology or process on human health and the environment.  
(c) Require compliance with the requirements of part 6 of these rules for any hazardous  
waste storage, and include other requirements as the director deems necessary to protect  
human health and the environment, such as requirements regarding any of the following:  
(i) Monitoring.  
(ii) Operation.  
(iii) Insurance or bonding.  
(iv) Financial responsibility.  
(v) Closure.  
(vi) Remedial action.  
(d) Include requirements that the director determines necessary regarding testing and  
the providing of information to the director with respect to the operation of the facility.  
(5) A temporary operating license issued under subrule (3) or (4) of this rule may be  
terminated by the director at any time if he or she determines that termination is  
necessary to protect human health or the environment.  
R 299.9502 Operating licenses for existing facilities; applicability and general  
application requirements.  
Rule 502. (1) Part 111 requires an operating license for the treatment, storage, and  
disposal of any hazardous waste, except for those facilities identified in subrules (3), (4),  
and (5) of this rule and except as provided in R 299.9623, as identified or listed in parts 2  
and 8 of these rules. Requirements for remedial action plans, special forms of operating  
licenses, are specified in R 299.9524. Owners or operators of hazardous waste  
management units shall have an operating license during the active life of the unit,  
168  
including the closure period. Owners or operators of surface impoundments, landfills,  
land treatment units, and waste pile units that received wastes after July 26, 1982, or that  
certified closure after January 26, 1983, shall have an operating license for the  
postclosure period, unless they demonstrate closure by removal pursuant to subrules (8)  
and (9) of this rule or they obtain an enforceable document in place of an operating  
license for the postclosure period, as provided for in subrule (12) of this rule. If an  
operating license for the postclosure period is required, then the license must incorporate  
the applicable groundwater monitoring, corrective action, and postclosure care  
requirements of part 6 of these rules. The denial of an operating license for the continued  
operation of a hazardous waste management facility or unit does not affect the  
requirement of obtaining a postclosure operating license. Owners or operators of certain  
facilities require operating licenses that are issued pursuant to part 111 and, in addition,  
permits that are issued pursuant to other programs for certain aspects of the facility  
operation. Operating licenses that are issued pursuant to part 111 are required for all the  
following:  
(a) Injection wells that dispose of hazardous waste, except as provided by  
R 299.9503(3)(a).  
(b) The treatment, storage, or disposal of hazardous waste at facilities that require a  
permit pursuant to part 31, except as provided by R 299.9503(3)(b).  
(c) Barges or vessels that dispose of hazardous waste by ocean disposal and onshore  
hazardous waste treatment or storage facilities that are associated with an ocean disposal  
operation.  
(2) An owner or operator of a facility that is licensed pursuant to part 111 on the  
effective date of these rules may continue to operate under the existing license if all the  
following conditions are met:  
(a) The facility is being operated in compliance with its existing operating license; the  
applicable statutory and regulatory requirements promulgated under part 111 after license  
issuance, as required pursuant to R 299.9516; and all other applicable environmental  
statutes.  
(b) The facility is either of the following:  
(i) A facility that qualifies for interim status pursuant to 40 CFR 270.70 and complies  
with all the following provisions:  
(A) Has filed a part A application pursuant to 40 CFR 270.10(e).  
(B) Has amended the part A application, as necessary, pursuant to 40 CFR 270.10(g).  
(C) Has not had interim status terminated pursuant to 40 CFR 270.73.  
(D) Has complied with the applicable provisions of 40 CFR part 265 and 270.71 and  
the applicable provisions of parts 6 and 8 of these rules.  
(E) Has not made changes to the hazardous waste management facility during interim  
status that amount to reconstruction of the facility. Reconstruction occurs when the  
capital investment in the changes to the facility is more than 50% of the capital cost of a  
comparable entirely new hazardous waste management facility. Changes pursuant to this  
subparagraph do not include changes made solely for complying with the requirements of  
R 299.9615 for tanks and ancillary equipment. Changes pursuant to this subparagraph do  
not include changes made solely for managing wastes generated from releases that  
originate within the facility boundary, pursuant to R 299.9503(4)(c).  
(ii) A facility that is permitted pursuant to 40 CFR part 270 and complies with the  
169  
permit or license issued.  
(c) The owner or operator submits an application for a new license to the director not  
less than 180 days before license expiration.  
(d) The owner or operator complies with all applicable requirements of parts 6, 7, and  
8 of these rules.  
(3) An owner or operator of a storage facility that is in existence on March 30, 1983,  
and that is subject to the licensing requirements of part 111 solely due to the 1982  
amendments to part 111 may continue to operate until the director acts upon the facility's  
application for an operating license, if all the following conditions are met:  
(a) The facility complies with subrule (2)(b) of this rule.  
(b) The owner or operator submits a complete operating license application within  
180 days after being requested to do so by the director.  
(c) The owner or operator complies with the applicable requirements of parts 6, 7, and  
8 of these rules and all applicable environmental statutes.  
(4) The owner or operator of a treatment, storage, or disposal facility that is in existence  
on the effective date of amendments to part 111 or these rules that render the facility  
subject to the licensing requirements of part 111 may continue to operate until the  
director acts upon the owner or operator's application for an operating license, if the  
conditions of subrule (3) of this rule are met.  
(5) An owner or operator of a facility that is in existence on January 1, 1980, and that is  
subject to the licensing requirements of part 111, but that has not yet obtained an  
operating license pursuant to part 111, may continue to operate until the director acts  
upon the facility's application for an operating license if the owner or operator meets the  
conditions of subrule (3) of this rule.  
(6) Allowing continued operation pursuant to subrules (2) to (5) of this rule does not do  
any of the following:  
(a) Reduce the owner or operator's responsibility to dispose of all hazardous waste in a  
manner that protects the environment and human health.  
(b) Eliminate or reduce past, present, or future liability incurred during the operation.  
(c) Restrict the ability of state or local governmental agencies to take action to enforce  
existing laws, statutes, rules, or regulations.  
(7) A person who proposes to initiate the operation of any treatment, storage, or  
disposal facility shall submit, to the director, on forms provided by the director or the  
director’s designee, an operating license application that sets forth the information  
required by R 299.9508.  
(8) Owners or operators of surface impoundments, land treatment units, and waste piles  
closing by removal or decontamination pursuant to 40 CFR part 265 standards shall  
obtain an operating license for the postclosure period, unless the owners or operators can  
provide an equivalency demonstration to the director that the closure met the standards  
for closure by removal or decontamination specified in 40 CFR 264.228, 264.280(e), or  
264.258, respectively. The demonstration must be made as follows:  
(a) If the owner or operator has submitted an operating license application for the  
postclosure period, the owner or operator may request a determination, based on  
information contained in the application, that 40 CFR part 264 closure-by-removal  
standards were met. If the director determines that 40 CFR part 264 standards were met,  
the director shall notify the public of the proposed decision, allow for public comment,  
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and reach a final determination according to the procedures in subrule (9) of this rule.  
(b) If the owner or operator has not submitted an operating license for the postclosure  
period, then the owner or operator may petition the director for a determination that an  
operating license for the postclosure period is not required because the closure complies  
with the applicable 40 CFR part 264 closure standards. The petition must include all data  
that demonstrates that closure by removal or decontamination standards were met, or the  
petition must demonstrate that the unit closed pursuant to state requirements that met or  
exceeded the applicable 40 CFR part 264 closure by removal standard. The director shall  
approve or deny the petition according to the procedures outlined in subrule (9) of this  
rule.  
(9) If a facility owner or operator seeks an equivalency demonstration pursuant to  
subrule (8) of this rule, the director shall do all the following:  
(a) Provide the public, through a newspaper notice, the opportunity to submit written  
comments on the information submitted by the owner or operator within 30 days from the  
date of the notice.  
(b) In response to a request, hold a public hearing concerning the equivalence of the  
40 CFR part 265 closure to a 40 CFR part 264 closure and give public notice of the  
hearing not less than 30 days before it occurs.  
(c) Determine whether the 40 CFR part 265 closure met the 40 CFR part 264 closure  
by removal or decontamination requirements within 90 days of receipt of the petition.  
(d) If the director finds that the closure did not meet the applicable standards of  
40 CFR part 264, then provide the owner or operator with a written statement of the  
reasons why the closure failed to meet 40 CFR part 264 standards.  
(10) If the director determines, pursuant to subrule (9) of this rule, that a closure was  
not in compliance with the applicable 40 CFR part 264 standards, then the owner or  
operator may submit additional information in support of an equivalency demonstration  
within 30 days after receiving a written statement from the director. The director shall  
review any additional information submitted and make a final determination within  
60 days. If the director determines that the facility did not close pursuant to  
40 CFR part 264 closure by removal standards, then the facility is subject to operating  
license requirements for the postclosure period.  
(11) Owners or operators of waste military munitions treatment and disposal facilities  
may continue to accept waste munitions if all the following conditions are met:  
(a) The facility was in existence as a hazardous waste facility and already licensed to  
handle waste military munitions, on the effective date the waste munitions became  
subject to regulation under these rules.  
(b) On or before the effective date the waste military munitions became subject to  
regulation under these rules, the licensee submits an operating license modification to  
remove or amend the license provisions that restrict the receipt of off-site waste  
munitions.  
(c) The licensee submits a complete modification request within 180 days of the  
effective date on that the waste munitions became subject to regulation under these rules.  
(12) At the discretion of the director, an owner or operator may obtain, in place of an  
operating license for the postclosure period, an enforceable document that satisfies the  
requirements of R 299.9508(3) and (4), R 299.9612, and R 299.9629. The director, in  
issuing enforceable documents under this subrule, shall ensure a meaningful opportunity  
171  
for public involvement which, at a minimum, includes public notice and opportunity for  
public comment when the department becomes involved in a remediation at the facility as  
a regulatory or enforcement matter, on the proposed preferred remedy and the  
assumptions the remedies are based on, in particular those related to land use and site  
characterizations, and at the time of a proposed decision that remedial action is complete  
at the facility. The public notice and public comment requirements of this subrule may  
be modified if the facility meets either of the following conditions:  
(a) If the director determines that even a short delay in the implementation of a remedy  
would adversely affect human health or the environment, the director may delay  
compliance with the public notice and public comment requirements of this subrule and  
implement the remedy immediately. However, the director shall ensure involvement of  
the public at the earliest opportunity, and, in all cases, upon making the decision that  
additional remedial action is not needed at the facility.  
(b) The director may allow a remediation initiated before October 22, 1998, to  
substitute for corrective action required under a postclosure license even if the public  
involvement requirements of this subrule have not been met if the director ensures that  
notice and comment on the decision that no further remediation is necessary to protect  
human health and the environment takes place at the earliest reasonable opportunity after  
October 22, 1998.  
(13) The provisions of 40 CFR 264.96, 264.117, 265.111, 265.114, 270.10(e) and (g),  
270.70, 270.71, and 270.73 and part 265, except subparts E, H, and DD and  
40 CFR 265.112(d)(1), 265.115, and 265.120, are adopted by reference in R 299.11003,  
with the exception that the word "director" replaces the term "regional administrator."  
R 299.9503 Operating licenses; exemptions.  
Rule 503. (1) The following persons do not require an operating license under part 111:  
(a) Persons that own or operate a facility that treats, stores, or disposes of hazardous  
waste in compliance with parts 31, 55, and 115, if the only hazardous wastes the facility  
treats, stores, or disposes of are excluded from regulation under R 299.9304.  
(b) Generators that accumulate hazardous waste on-site for less than the time periods  
provided in R 299.9305 to R 299.9307.  
(c) Farmers who dispose of waste pesticides from their own use in compliance with  
R 299.9204(3)(b).  
(d) Owners or operators of totally enclosed treatment facilities.  
(e) Owners or operators of elementary neutralization units.  
(f) Owners or operators of wastewater treatment units if the following conditions, as  
applicable, are met:  
(i) The units are subject to regulation under section 307(b) or 402 of the federal clean  
water act, 33 USC 1317 and 1342.  
(ii) The units are located on the site of a generator and do not treat hazardous waste  
from another generator unless the waste is shipped entirely by pipeline, or the offsite  
generator has the same owner as the facility where the unit is located.  
(iii) If an owner or operator is diluting D001 waste, other than D001 high TOC  
subcategory waste as defined in 40 CFR 268.40, or D003 waste, to remove the hazardous  
characteristic before land disposal, the owner or operator complies with the requirements  
of 40 CFR 264.17(b) and 265.17(b), as applicable.  
172  
(g) Transporters storing manifested shipments of hazardous waste in containers at a  
transfer facility for a period of 10 days or less if the transfer facility requirements of  
R 299.9404 are met.  
(h) Persons adding absorbent material to hazardous waste in a container, and persons  
adding hazardous waste to absorbent material in a container, if all the following  
conditions are met:  
(i) The actions occur at the site of generation when hazardous waste is first placed in  
the container.  
(ii) Liquids are not absorbed in materials that biodegrade or that release liquids when  
compressed.  
(iii) The provisions of 40 CFR 264.17(b), 264.171, and 264.172 are met.  
(i) Generators that have onsite treatment facilities if a generator complies with all the  
following requirements:  
(i) All treatment is conducted in either containers or tanks.  
(ii) If the treatment occurs in containers, then all the following requirements are met:  
(A) The requirements of 40 CFR part 265, subpart I, except 40 CFR 265.173.  
(B) The containers holding hazardous waste are always closed, except when it is  
necessary to add, remove, or treat the waste.  
(C) The containers holding hazardous waste are not opened or handled in a manner  
that may rupture the containers or cause them to leak.  
(D) The containment requirements of 40 CFR 264.175.  
(E) The generator documents the inspections required under 40 CFR 265.174.  
(iii) If the treatment occurs in tanks, the requirements of 40 CFR part 265, subpart J,  
except for 40 CFR 265.197(c) and 265.200.  
(iv) The requirements of 40 CFR part 265, subpart C.  
(v) The area where the waste is treated is protected, as appropriate for the type of waste  
being treated, from weather, fire, physical damage, and vandals.  
(vi) Hazardous waste treatment is conducted so that hazardous waste or hazardous  
waste constituents cannot escape by gravity into the soil, directly or indirectly, into  
surface or groundwaters, or into drains or sewers and so that fugitive emissions are not in  
violation of part 55.  
(vii) The closure standards of 40 CFR 265.111 and 265.114.  
(viii) All treatment is completed within 90 days from the date that accumulation of the  
waste began if the generator is a large quantity generator or within 180 days from the date  
that the accumulation of the waste began if the generator is a small quantity generator.  
(ix) Documentation is maintained on-site that specifies the date that accumulation of  
the waste began, the date that treatment of the waste began, and the date that treatment of  
the waste was completed.  
(x) The requirements of R 299.9602, R 299.9603(1)(b) to (f) and (4), R 299.9604,  
R 299.9627, and R 299.9633.  
(j) Universal waste handlers and universal waste transporters when handling the wastes  
identified in R 299.9228(1). Universal waste handlers and universal waste transporters  
are subject to R 299.9228 when handling the universal wastes identified in  
R 299.9228(1).  
(k) Owners or operators that use a pipeline for the sole purpose of transferring wastes to  
and from treatment or storage tanks at the facility and bulk railcars at an off-site transfer  
173  
facility, if all the following requirements are met:  
(i) The pipeline is owned and operated by the owner or operator.  
(ii) The pipeline meets the requirements for ancillary equipment under  
40 CFR part 264, subpart J.  
(iii) Wastes are not stored in the pipeline.  
(iv) The owner or operator establishes as part of their waste analysis plan procedures  
for receipt of the wastes by the facility to and from the transport vehicle.  
(v) The owner or operator uses the pipeline solely as a method of transferring wastes  
and not as an extension of the facility boundary beyond the area specified in their current  
operating license or authorization.  
(l) Owners or operators of facilities that store military munitions that have been  
classified as a waste in accordance with part 2 of these rules unless otherwise specified in  
R 299.9817.  
(m) Reverse distributors that accumulate potentially creditable hazardous waste  
pharmaceuticals and evaluated hazardous waste pharmaceuticals if the requirements of  
R 299.99824 to R 299.9833 instead of part 6 of these rules for the accumulation of  
potentially creditable are met.  
(2) A person that is engaged in treatment or containment activities during immediate  
response to a discharge of a hazardous waste; an imminent and substantial threat of a  
discharge of hazardous waste; a discharge of a material that, when discharged, becomes a  
hazardous waste; or an immediate threat to human health, public safety, property, or the  
environment, from the known or suspected presence of military munitions, other  
explosive material, or an explosive device, as determined by an explosive or munitions  
emergency response specialist shall not be subject to the operating license requirements  
of part 111 and these rules. Any person that continues or initiates hazardous waste  
treatment or containment activities after the immediate response is over is subject to all  
applicable requirements of this part and part 6 of these rules, except as provided in  
subrule (4) of this rule. In the case of an explosives or munitions emergency response, if  
a federal, state, tribal or local official acting within the scope of their official  
responsibilities, or an explosives or munitions emergency response specialist, determines  
that immediate removal of the material or waste is necessary to protect human health or  
the environment, that official or specialist may authorize the removal of the material or  
waste by transporters who do not have EPA identification numbers. In the case of  
emergencies involving military munitions, the responding military emergency response  
specialist's organizational unit shall retain records for 3 years identifying the dates of the  
response, the responsible persons responding, the type and description of material  
addressed, and its disposition.  
(3) The following are considered to have an operating license and are not subject to the  
operating license requirements of part 111 and these rules for new facilities or expanded,  
enlarged, or altered existing facilities if the listed conditions are met:  
(a) The owner or operator of an injection well disposing of hazardous waste, if the  
owner or operator meets all the following requirements:  
(i) Has a permit for underground injection that is issued pursuant to 40 CFR parts 124,  
144, 145, 146, and 147, subpart X.  
(ii) Complies with the conditions of the permit and the requirements of 40 CFR 144.14.  
(iii) Has a permit that is issued after November 8, 1984, for underground injection that  
174  
is issued pursuant to 40 CFR parts 124, 144, 145, 146, and 147, subpart X and complies  
with both of the following:  
(A) R 299.9629.  
(B) Where the underground injection well is the only unit at a facility that requires a  
permit, complies with 40 CFR 270.14(d).  
(b) The owner or operator of a publicly owned treatment works that accepts hazardous  
waste for treatment if the waste complies with all federal, state, and local pretreatment  
requirements that would be applicable to the waste if it were being discharged into the  
publicly owned treatment works (POTW) through a sewer, pipe, or similar conveyance, if  
the owner or operator has a national pollutant discharge elimination system (NPDES)  
permit and the owner or operator complies with the conditions of the permit, and if the  
owner or operator complies with all the following requirements:  
(i) 40 CFR 264.11.  
(ii) R 299.9608.  
(iii) R 299.9609.  
(iv) R 299.9610.  
(v) For NPDES permits issued after November 8, 1984, R 299.9629.  
(4) The director shall exempt persons that conduct the following activities from the  
operating license requirements of part 111 and these rules, but only if the exemption does  
not constitute a less stringent permitting requirement than is required under RCRA:  
(a) The treatment of hazardous waste during the closure of a treatment, storage, or  
disposal unit, if both of the following conditions apply:  
(i) The treatment occurs at the site of generation.  
(ii) The treatment is authorized in a closure plan approved by the director or the  
director’s designee.  
(b) Closure of an existing surface impoundment for hazardous waste that is closed as a  
landfill pursuant to R 299.9616(3), if the closure is authorized in a closure plan approved  
by the director or the director’s designee and an operating license is obtained for the  
postclosure period.  
(c) The treatment, storage, or disposal of hazardous waste at the individual site of  
generation if conducted solely in response to, or as corrective action under, and in full  
compliance with, a plan developed or approved by the director, or the director’s designee,  
under part 31, 111, 201, or 213, or an administrative or judicial consent order to which  
the director is a party and if the treatment, storage, or disposal is conducted in accordance  
with the technical standards of part 6 of these rules.  
(d) Treatment, storage, or disposal of hazardous waste at the individual site of  
generation, if conducted solely in response to, or as a corrective action under, and in full  
compliance with CERCLA.  
(5) 40 CFR parts 124, 144, 145, 146, 147, and 265, subparts I and J, except  
40 CFR 265.197(c) and 265.200, and 40 CFR 264.11, 264.17(b), 264.171, 264.172,  
264.175, 265.111, 265.114, and 268.7(a)(4) are adopted by reference in R 299.11003.  
R 299.9504 Operating license application for new facilities; the expansion, enlargement,  
or alteration of existing facilities; content.  
Rule 504. (1) In addition to the information required pursuant to subrule (18) of this  
rule, all applications for an operating license for a new facility or the expansion,  
175  
enlargement, or alteration of an existing facility must include all the following items:  
(a) An application fee or deposit as calculated pursuant to R 299.9507.  
(b) General information that is required pursuant to 40 CFR 270.13.  
(c) General information that is required pursuant to 40 CFR 270.14(b) and (d).  
(d) A hydrogeological report that contains the information required pursuant to  
R 299.9506.  
(e) An environmental assessment, including a failure mode assessment that provides an  
analysis of the potential major methods by which safe handling of hazardous wastes may  
fail at a treatment, storage, or disposal facility. The owner or operator of a facility that  
stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill shall  
include, in the environmental assessment, information that is reasonably ascertainable by  
the owner or operator on the potential for the public to be exposed to hazardous wastes or  
hazardous constituents through releases related to the unit. At a minimum, the  
information must address all the following subjects:  
(i) Reasonably foreseeable potential releases from both normal operations and  
accidents at the unit, including releases associated with transportation to or from the unit.  
(ii) The potential pathways of human exposure to hazardous waste or constituents  
resulting from the releases described in paragraph (i) of this subdivision.  
(iii) The potential magnitude and nature of the human exposure resulting from the  
releases described in paragraph (i) of this subdivision.  
(f) An environmental monitoring program that complies with R 299.9611.  
(g) Engineering plans of all process equipment and containment structures at the  
facility. The plans must be prepared and sealed by a registered professional engineer and  
include all the following information:  
(i) Plan views, elevations, sections, and supplementary views that, together with  
general layout drawings, provide working information for the review of the facility.  
(ii) Specifications on all construction materials and installation methods.  
(iii) The basis of design for all process equipment and containment structures.  
(iv) A flow diagram of the entire treatment, storage, or disposal process.  
(v) The design capacity of each process.  
(h) A written summary of the comments received at the preapplication meeting  
required by R 299.9511(1) and the applicant's response to the comments, including any  
revisions to the application.  
(2) Applicants proposing to store containers of hazardous waste shall submit the  
information required pursuant to 40 CFR 270.15 in an operating license application for a  
new facility or the expansion, enlargement, or alteration of an existing facility.  
(3) Applicants proposing to store or treat hazardous waste in tanks shall submit the  
information required pursuant to 40 CFR 270.16 in an operating license application for a  
new facility or the expansion, enlargement, or alteration of an existing facility.  
(4) Applicants proposing to incinerate or thermally treat hazardous waste in a  
hazardous waste incinerator that becomes subject to the licensing requirements of these  
rules after October 12, 2005, and applicants of existing hazardous waste incinerators shall  
submit either of the following in an operating license application for a new facility or the  
expansion, enlargement, or alteration of an existing facility. If the owner or operator  
demonstrates compliance with the air emission standards and limitations in  
40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and  
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submitting to the director a notification of compliance under 40 CFR 63.1207(j) and  
63.1210(b) which documents compliance with all applicable requirements of  
40 CFR part 63, subpart EEE, then the requirements of this subrule do not apply, except  
those provisions the director determines are necessary to ensure compliance with  
40 CFR 264.345(a) and (c) if the owner or operator elects to comply with  
40 CFR 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup,  
shutdown, and malfunction events. The director may apply this subrule, on a  
case-by--case basis, for collecting information pursuant to- subrules (18) and (20) of this  
rule and R 299.9521(3)(b) and (c):  
(a) A trial burn plan containing the information listed in 40 C FR270.62 and a  
statement that suggests the conditions necessary to operate in compliance with the  
performance standards of 40 CFR 264.343 during the trial burn. The statement must  
include, at a minimum, restrictions on waste constituents, waste feed rates, and the  
operating parameters identified in 40 CFR 264.345.  
(b) In place of a trial burn plan, the information specified in 40 CFR 270.19(c). The  
director shall approve an application without a trial burn plan if the director determines  
both of the following:  
(i) The wastes are sufficiently similar.  
(ii) The incinerator units are sufficiently similar and the data from other trial burns are  
adequate to specify operating conditions that will ensure that the performance standards  
of 40 CFR 264.343 are met by the incinerator.  
(5) Applicants proposing to treat hazardous waste shall submit all the following  
information in an operating license application for a new facility or the expansion,  
enlargement, or alteration of an existing facility:  
(a) A demonstration of how the method and process proposed for the treatment of each  
hazardous waste will do any of the following:  
(i) Change the physical, chemical, or biological character or composition of the waste.  
(ii) Neutralize the waste.  
(iii) Recover energy or material resources from the waste.  
(iv) Render the waste nonhazardous, safer for handling or transport, amenable to  
recovery, amenable to storage, or reduced in volume.  
(v) Chemically bind or render the toxic constituents nonhazardous rather than only  
diluted.  
(b) The proper treatment technique, the proper feed rates of treatment chemicals or  
reagents, and the proper operating conditions, such as temperature, pressure, and flow  
rate, for the types of hazardous wastes proposed for treatment, and the accuracy of the  
devices intended to measure these parameters.  
(c) If the hazardous waste or treatment chemicals or reagents will have any detrimental  
effect on the materials used for construction, such as causing corrosion, dissolution,  
saltings, or sealings. If detrimental effects are possible, then the method of controlling  
them must be specified.  
(d) If the hazardous waste contains any constituents or contaminants that may interfere  
with the intended treatment process or decrease the effectiveness of the treatment and, if  
so, how the interferences will be controlled.  
(e) If the hazardous waste contains constituents or contaminants that may cause the  
release of toxic gases or fumes during the intended treatment and, if so, how they will be  
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controlled.  
(f) If the hazardous waste contains constituents or contaminants that may form toxic  
constituents with the treatment chemicals or reagents during the intended treatment and,  
if so, how they will be controlled.  
(g) Trial tests, including bench scale, pilot plant scale, or other appropriate tests, on  
each hazardous waste that is new or significantly different from hazardous waste  
previously treated to verify the information required in subdivision (b) of this subrule.  
(6) Applicants proposing to treat or store hazardous wastes in surface impoundments  
shall submit the following information in an operating license application for a new  
facility or the expansion, enlargement, or alteration of an existing facility:  
(a) The information required for surface impoundments pursuant to 40 CFR 270.17.  
(b) Information on the proposed liner, leachate collection, and leak detection,  
collection, and removal systems, as specified in R 299.9505.  
(7) Applicants proposing to treat or store hazardous waste in waste piles shall submit  
the following information in an operating license application for a new facility or the  
expansion, enlargement, or alteration of an existing facility:  
(a) The information required for waste piles pursuant to 40 CFR 270.18.  
(b) For new waste piles, information on the proposed liner, leachate collection, and  
leak detection, collection, and removal systems, as specified in R 299.9505.  
(8) Applicants proposing to landfill hazardous waste shall submit all the following  
information in an operating license application for a new facility or the expansion,  
enlargement, or alteration of an existing facility:  
(a) The information required for landfills pursuant to 40 CFR 270.21.  
(b) Information on the proposed liner, leachate collection, and leak detection,  
collection, and removal systems, as specified in R 299.9505.  
(c) Detailed engineering plans and an engineering report describing the final cover that  
will be applied to the landfill or each landfill cell pursuant to R 299.9619.  
(9) Applicants proposing to dispose of hazardous wastes by land treatment shall submit  
the information required pursuant to 40 CFR 270.20 in an operating license application  
for a new facility or the expansion, enlargement, or alteration of an existing facility.  
(10) Applicants proposing facilities that treat, store, or dispose of hazardous waste in  
miscellaneous units shall submit the information required pursuant to 40 CFR 270.23 in  
an operating license application for a new facility or the expansion, enlargement, or  
alteration of an existing facility.  
(11) Applicants proposing facilities that store or dispose of hazardous waste in an  
underground mine or cave shall submit all the following information in an operating  
license application for a new facility or the expansion, enlargement, or alteration of an  
existing facility:  
(a) A geologic report that contains the following information:  
(i) For the receiving formation and other formations that are within 30 feet above and  
below the receiving formation, an applicant shall provide all the following information:  
(A) The depth from the surface.  
(B) Thickness.  
(C) Permeability.  
(D) Solubility.  
(E) Reactivity.  
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(F) Compatibility.  
(G) Composition.  
This information must be obtained by performing not less than 5 borings for the first  
5 acres of the entire mine or cave and 3 borings for each additional 5 acres. Each boring  
site must consist of a ceiling boring and a floor boring.  
(ii) For the formations that are overlying the receiving formation for a lateral extent of  
not less than 5 miles from the facility boundary, an applicant shall provide all the  
following information:  
(A) The depth from the surface.  
(B) Thickness.  
(C) Composition.  
(D) The identification of water, oil, or gas-bearing formations.  
This information must be obtained from existing geological information and reports.  
(b) An assessment of the potential for water intrusion into the mine or cave. This  
assessment must be used in the evaluation pursuant to R 299.9628(3)(a).  
(c) Information on the means of transporting waste from any surface operation to the  
final disposal or storage area in the receiving formation and information on the means of  
preventing the release of hazardous constituents during transportation.  
(d) An assessment of the structural stability of the mine or cave.  
(e) Information on the proposed means of controlling the use, access, and penetration  
of the mine or cave.  
(f) A demonstration that a sufficient buffer zone or other control exists to ensure that  
off-site activities will not adversely impact the integrity of the mine or cave.  
(g) A proposed means of correlating waste placement locations to surface locations and  
a waste placement map.  
(h) A proposed means of managing water in the mine or cave to maintain the integrity  
of the mine or cave and protect human health and the environment throughout the  
facility's active life and after closure of the facility.  
(12) Applicants proposing hazardous waste treatment, storage, or disposal facilities that  
have process vents to which R 299.9630 applies shall submit the information required  
pursuant to 40 CFR 270.24 in an operating license application for a new facility or the  
expansion, enlargement, or alteration of an existing facility.  
(13) Applicants proposing hazardous waste treatment, storage, or disposal facilities that  
have equipment to which R 299.9631 applies shall submit the information required  
pursuant to 40 CFR 270.25 in an operating license application for a new facility or the  
expansion, enlargement, or alteration of an existing facility.  
(14) Applicants proposing treatment, storage, or disposal facilities that collect, store, or  
treat hazardous waste on drip pads shall submit the information required pursuant to  
40 CFR 270.26 in an operating license application for a new facility or the expansion,  
enlargement, or alteration of an existing facility.  
(15) Applicants proposing to burn hazardous waste in a boiler or industrial furnace shall  
submit the information required pursuant to 40 CFR 270.22 in an operating license  
application for a new facility or the expansion, enlargement, or alteration of an existing  
facility.  
(16) Applicants proposing hazardous waste treatment, storage, or disposal facilities that  
have tanks, surface impoundments, or containers to which R 299.9634 applies shall  
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submit the information required pursuant to 40 CFR 270.27 in an operating license  
application for a new facility or the expansion, enlargement, or alteration of an existing  
facility.  
(17) Operating license applications for a new facility or the expansion, enlargement, or  
alteration of an existing facility must be signed and certified pursuant to 40 CFR 270.11.  
In addition, the application must be signed by the titleholder of the land upon which the  
facility is proposed to be located.  
(18) The director may require a licensee or applicant to submit additional information  
to establish license conditions pursuant to R 299.9521.  
(19) A licensee or applicant may demonstrate to the director, or the director’s designee,  
that less information than that specified in this rule is necessary to determine  
conformance with the requirements of part 6 of these rules and establish license  
conditions pursuant to this part. If the licensee or applicant demonstrates that less  
information is required, the director, or the director’s designee, shall waive the  
information requirement, except that the director, or the director’s designee, shall not  
require less information than is required by RCRA.  
(20) If the director concludes, based on 1 or more of the factors listed in  
40 CFR 270.10(l)(1), that compliance with the standards of 40 CFR part 63, subpart EEE,  
alone may not be protective of human health or the environment, the director shall  
require additional information or assessments to determine if additional controls are  
necessary to ensure protection of human health and the environment. This includes  
information necessary to evaluate the potential risk to human health or the environment  
resulting from both direct and indirect exposure pathways. The director may also require  
a licensee or applicant to provide the information necessary to determine if an assessment  
should be required.  
(21) The provisions of 40 CFR 264.343, 264.345, 266.102(e), 266.104 to 266.107,  
270.10(l)(1), 270.11, 270.13, 270.14(b) and (d), 270.15, 270.16, 270.17, 270.18,  
270.19(c), 270.20, 270.21, 270.22, 270.23, 270.24, 270.25, 270.26, 270.27, 270.62,  
270.66, and 270.235(a)(1)(i) are adopted by reference in R 299.11003, with the exception  
that the term "waste management unit" replaces the term "solid waste management unit."  
R 299.9505 Operating license application for new facilities; and expansion, enlargement,  
or alteration of existing facilities; liner systems for landfills, surface impoundments,  
and waste piles.  
Rule 505. (1) Applicants proposing a landfill, surface impoundment, or waste pile shall  
submit the following information in the engineering report for the liner, leachate  
collection system, and leak detection, collection, and removal system:  
(a) Information concerning the vertical and horizontal isolation distance from  
groundwater and any dewatering system necessary to meet the isolation requirements of  
R 299.9603(5). All the following information must be submitted for dewatering systems:  
(i) Design calculations for drain pipe diameter and spacing.  
(ii) Design features that allow cleaning of drainage pipes to prevent clogging within  
the system.  
(iii) Evaluation of corrosive resistance and structural suitability of underdrain pipe  
under both static and dynamic loadings.  
(b) Information concerning soils to be used for any compacted soil liner, including, at a  
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minimum, all the following:  
(i) Source of the soils.  
(ii) Uniformity of the soil source.  
(iii) Classification of the soil under the unified soil classification system, according to  
ASTM standard D2487-11, which is adopted by reference in R 299.11001.  
(iv) Particle size distribution according to both sieve and hydrometer testing.  
(v) The moisture-density relationship of the soil according to the modified proctor test,  
ASTM standard D155712, or the standard proctor test ASTM standard D698-12, which  
are adopted by reference in R 299.11001.  
(vi) The compaction necessary to achieve a permeability with water not greater than  
1.0 x 10-7centimeters per second, and the permeability of the soil under a compaction of  
90% of the maximum dry density, as determined by the modified proctor test,  
ASTM standard D1557-12, or 95% of the maximum dry density, as determined by the  
standard proctor test, ASTM standard D698-12.  
(vii) The permeability of the soil under the conditions of paragraph (vi) of this  
subdivision utilizing liquid similar to the leachate that would be expected from the  
proposed facility.  
(viii) Procedures for complying with the quality control requirements of R 299.9621.  
(c) Information on any synthetic liner to be used, including all the following:  
(i) Methods of storage, handling, and installation, including any written instructions  
from the manufacturer and procedures for complying with the quality control  
requirements of R 299.9621.  
(ii) Physical properties of the liner material, such as the following:  
(A) Thickness.  
(B) Resiliency.  
(C) Elongation.  
(D) Tensile strength.  
(E) Breaking strength.  
(F) Tear strength.  
(G) Dimensional stability.  
(H) Bonded seam strength.  
(I) Hydrostatic resistance.  
(J) Ply adhesion.  
(K) Volatile loss.  
(L) Water extraction.  
(M) Water absorption.  
(iii) Ability of liner material to maintain physical properties under all the following  
prolonged and varying conditions expected at the proposed facility:  
(A) Temperature.  
(B) pH.  
(C) Ultraviolet radiation.  
(D) Biological attack.  
(E) Leachate composition.  
(d) Information on the characteristics of soils underlying any compacted or synthetic  
liner. This information must include all the following:  
(i) Settlement analysis that estimates total and differential settlement, including  
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immediate settlement, primary consolidation, and secondary consolidation based on  
maximum loading.  
(ii) Strength analysis that determines the bearing capacity and stability of the  
underlying soils.  
(iii) Slope stability analysis, including all the following information:  
(A) Side slope stability under excavation.  
(B) Liner system stability under construction.  
(C) Waste mass stability during filling sequence.  
(D) Final cover stability.  
(E) Long-term postclosure stability.  
(iv) Performance under varying groundwater conditions.  
(v) Potential for bottom heave or blowout.  
(e) Information on the design of the leachate collection system and the leak detection,  
collection, and removal system, including, at a minimum, all the following:  
(i) Calculations to determine the anticipated volume of leachate to be generated.  
(ii) The granular material to be used to allow adequate flow and removal of liquid and  
to provide an aggregate envelope for collection pipe.  
(iii) The design of collection pipe, including all the following information:  
(A) Diameter.  
(B) Perforations.  
(C) Slope.  
(D) Spacing.  
(E) Chemical resistance.  
(F) Structural integrity under static and dynamic loadings.  
(iv) Procedures to prevent clogging.  
(v) The design of the leachate removal system, including all the following information:  
(A) Leachate inflow.  
(B) Sump dimensions.  
(C) Pump on and off levels.  
(D) Effective storage volume of sump.  
(E) Riser pipe.  
(F) Total discharge head of pump.  
(G) Pump selection.  
(H) Pump cycle time.  
(vi) Calculations that demonstrate that the leachate head will be 12 inches,  
30 centimeters, or less above the liner at any point, except the sump.  
(f) Information on stormwater management, including, at a minimum, all the  
following:  
(i) Run-on volumes, systems, and management plans.  
(ii) Runoff volumes, systems, and management plans.  
(iii) Stormwater discharge system to collect and control not less than the water volume  
resulting from a 24-hour, 25-year storm.  
(2) Applicants proposing a landfill, surface impoundment, or waste pile shall submit a  
construction quality assurance plan that includes a description of all the following:  
(a) The responsibility and authority of all organizations and key personnel involved in  
licensing, designing, and constructing the hazardous waste land disposal facility.  
182  
(b) The qualifications of inspection personnel to demonstrate that they possess the  
training and experience necessary to fulfill their identified responsibilities.  
(c) The observations, tests, and sampling that will be used to monitor the installation of  
the hazardous waste disposal facility in accordance with R 299.9621, including a  
description of all the following:  
(i) Sampling activities.  
(ii) Sample size.  
(iii) Frequency of testing.  
(iv) Acceptance and rejection criteria.  
(v) Plans for implementing corrective measures.  
(d) A description of how construction quality assurance data will be recorded.  
R 299.9506 Hydrogeological reports; content.  
Rule 506. (1) A hydrogeological report must include all the following information:  
(a) A summary of the groundwater monitoring data obtained during the interim status  
period pursuant to the provisions of 40 CFR part 265, subpart F, where applicable, and a  
summary of other groundwater monitoring data collected pursuant to state or federal law.  
(b) Identification of the uppermost aquifer and aquifers hydraulically interconnected to  
the uppermost aquifer beneath the facility property, including groundwater flow direction  
and rate, and the basis for the identification.  
(c) Identification of any aquifer utilized by public and private wells within 2,000 feet  
of the proposed site.  
(d) Identification of all other aquifers evidenced by available well or boring logs.  
(e) The delineation of all the following on the topographic map required pursuant to  
the provisions of 40 CFR 270.14(b)(19):  
(i) The waste management area and other treatment or storage areas.  
(ii) The property boundary.  
(iii) The proposed point of compliance, as defined pursuant to the provisions of  
40 CFR 264.95.  
(iv) The proposed location of groundwater monitoring wells as required pursuant to  
the provisions of 40 CFR 264.97.  
(v) To the extent possible, the information required pursuant to the provisions of  
subdivision (b) of this subrule.  
(f) On the topographic map required pursuant to the provisions of 40 CFR 270.13(l),  
identification of all domestic, municipal, industrial, oil, and gas wells and soil borings within  
1 mile of the site in all directions for which copies of logs are available.  
(g) A description of any plume of contamination that has entered the groundwater from  
a hazardous waste management unit or other regulated activity at the site at the time that  
the application was submitted that does both of the following:  
(i) Delineates the extent of the plume on the topographic map required pursuant to the  
provisions of 40 CFR 270.14(b)(19).  
(ii) For landfills, surface impoundments, land treatment units, and waste piles,  
identifies the concentration of each constituent listed in the provisions of  
40 CFR part 261, appendix VIII, throughout the plume or identifies the maximum  
concentrations of each constituent in the plume.  
(2) A hydrogeological report must include detailed plans and an engineering report  
183  
describing the proposed groundwater monitoring program to be implemented to meet the  
requirements of R 299.9612 or a justification for a waiver pursuant to the provisions of  
subrule (7) of this rule. The engineering report must include all the following  
information for this purpose:  
(a) Soil boring logs and the results of soil sampling from the borings that are sufficient  
to adequately define soil and groundwater conditions at the site. All the following  
procedures must be utilized in collecting the data:  
(i) Not less than 5 soil borings must be made for the first 5 acres of the site, and  
3 borings must be made for each additional 5 acres or portion thereof. A lesser number  
of borings may be made for nonactive portions of the site, such as buffer zones, and by  
supplementing boring information with geophysical testing, such as resistivity surveys.  
Soil borings must be located in a grid pattern so that there is a minimum of 1 boring in  
each major geomorphic feature, such as ridges, lowlands, and drainage swales, and all  
borings must extend not less than 30 feet below proposed grade or the anticipated bottom  
elevation of any installed or constructed liner.  
(ii) At each boring, soil samples must be collected from each soil layer or change in  
lithology. Two of the 5 soil borings that are required by the provisions of paragraph (i) of  
this subdivision must be evaluated and logged using continuous sampling methods, such  
as continuous tube sampling, coring, or continuously driven split spoons. For sites that  
are larger than 5 acres, 1 of each of the 3 additional soil borings that are required by the  
provisions of paragraph (i) of this subdivision must be evaluated and logged using  
continuous sampling methods. Samples that are collected from each soil layer or change  
in lithology must be tested for all the following:  
(A) Particle size distribution by both sieve and hydrometer.  
(B) Atterburg limits according to ASTM standard D4318-10, which is adopted by  
reference in R 299.11001.  
(C) Classification pursuant to the unified soil classification system, according to  
ASTM standard D2487-11, which is adopted by reference in R 299.11001.  
(iii) Each soil layer at a site must be evaluated for both of the following:  
(A) Moisture content, according to ASTM standards D6913-04 and D7928-16, which  
are adopted by reference in R 299.11001.  
(B) Permeability with water by the triaxial cell method as described in the EPA  
document entitled "Soil Properties, Classification, and Hydraulic Conductivity Testing,"  
which is adopted by reference in R 299.11008; constant head method, according to  
ASTM standard D2434-68, which is adopted by reference in R 299.11001; approved  
in-situ field method; or other method approved by the director. All soil samples collected  
for determination of permeability must be collected by standard undisturbed soil  
sampling techniques, such as a 3-inch diameter Shelby tube or large diameter split spoon.  
(iv) Boring logs must include all the following:  
(A) Soil and rock descriptions.  
(B) Method of sampling.  
(C) Sample depth.  
(D) Date of boring.  
(E) Water level measurements.  
(F) Soil test data.  
(G) Boring location.  
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(H) Standard penetration number by ASTM standard D1586-11, which is adopted by  
reference in R 299.11001.  
(v) All soil borings that are not converted to observation wells pursuant to the  
provisions of subdivision (b) of this subrule must be carefully backfilled, plugged, and  
recorded in accordance with the provisions of the well installation and well  
decommissioning procedures in ASTM standards D5092-04 and D5299-14, or a plan  
approved by the director.  
(vi) All elevations must be corrected to USGS datum.  
(b) Static water level measurements from observation wells and, where appropriate,  
well clusters that are located at the sites of soil borings and are constructed in accordance  
with the provisions of R 299.9612. Measurements must be accurate to the nearest  
0.01 foot, corrected to USGS datum, and shall be taken from not less than 3 observation  
wells and 1 well cluster for the first 5 acres of the facility or portion thereof and  
1 observation well for each additional 10 acres or portion thereof. Landfills, surface  
impoundments, waste piles, and land treatment facilities must have not less than 3 well  
clusters established as part of the monitor well system and not less than 1 cluster well for  
each 20 acres of the proposed site. All observation wells must be constructed and  
abandoned in accordance with the well installation and well decommissioning procedures  
in ASTM standards D5092-04 and D5299-14, or a plan approved by the director.  
(c) A water level contour map based on stabilized water level readings and using  
values contoured on an interval of not more than 1 foot.  
(d) If more than 2 well clusters have been constructed, then groundwater flow net  
diagrams illustrating horizontal and vertical flow directions of groundwater.  
(e) The location and depth of all observation wells and evidence that these observation  
wells are located effectively to detect hazardous constituents from the facility, based on  
all the following:  
(i) Groundwater flow direction.  
(ii) Velocity.  
(iii) Horizontal and vertical gradients.  
(iv) Thickness of the saturated and unsaturated zones.  
(v) The dispersion properties of hazardous waste constituents, such as the following:  
(A) Specific gravity.  
(B) Solubility.  
(C) Chemical reactivity within the formation.  
(D) Characteristics of decomposition products.  
(f) At each soil boring that is to be completed as an observation well during or  
following the hydrogeologic investigation, the lithology of that soil boring must be  
continuously sampled, logged, and classified pursuant to the unified soil classification  
system in accordance with ASTM standard D248711, which is adopted by reference in  
R 299.11001, from an elevation of 10 feet above the expected screened interval to the  
base of the borehole. Continuous sampling tubes, coring devices, or continuously  
collected split spoon samples may be used to satisfy this requirement. The director may  
allow the substitution of alternate information for this requirement or waive this  
requirement based on available information, site-specific hydrogeologic conditions, and  
available technology.  
(3) If the presence of hazardous constituents has not been detected in the groundwater  
185  
at the time of license application, then the owner or operator shall submit sufficient  
information, supporting data, and analysis to establish a detection monitoring program  
that complies with the requirements of R 299.9612 and the provisions of 40 CFR 264.98.  
The submission must include all the following:  
(a) A proposed list of primary and secondary monitoring parameters and proposed  
monitoring frequencies for these parameters.  
(b) A proposed groundwater monitoring system.  
(c) Background values for each proposed primary and secondary monitoring parameter  
or procedures to calculate the values.  
(d) A description of proposed sampling, analysis, and statistical comparison procedures  
to be utilized in evaluating groundwater monitoring data.  
(e) Procedures for preventing cross-contamination in wells during activities such as  
well installation, purging, or sampling.  
(f) Evidence that sampling procedures and well construction materials are compatible  
with proposed monitoring parameters.  
(4) If the presence of hazardous constituents has been detected in the groundwater at  
the point of compliance at the time of license application, the owner or operator shall  
submit sufficient information, supporting data, and analysis to establish a compliance  
monitoring program that complies with the requirements of R 299.9612 and the  
provisions of 40 CFR 264.99. The submission must include all the following:  
(a) A description of the wastes previously handled at the facility.  
(b) A characterization of the contaminated groundwater, including concentrations of  
hazardous constituents.  
(c) A list of hazardous constituents for which compliance monitoring will be  
undertaken in accordance with the provisions of R 299.9612 and 40 CFR 264.97 and  
264.99.  
(d) Proposed concentration limits for each hazardous constituent that do not exceed the  
background level of that constituent in the groundwater or a concentration limit that is not  
less stringent than allowed pursuant to the provisions of RCRA.  
(e) Detailed plans and an engineering report describing the proposed groundwater  
monitoring system in accordance with the requirements of 40 CFR 264.97.  
(f) A description of proposed sampling, analysis, and statistical comparison procedures  
to be utilized in evaluating groundwater monitoring data.  
(5) If hazardous constituents have been measured in the groundwater that exceed the  
concentration limits established pursuant to the provisions of 40 CFR 264.94(a)(2),  
Table l, or if groundwater monitoring conducted at the time of the license application  
indicates the presence of hazardous constituents from the facility in groundwater over  
background concentrations, then the owner or operator shall submit sufficient  
information, supporting data, and analyses to establish a corrective action program that  
complies with the requirements of R 299.9612 and the provisions of R 299.9629. To  
demonstrate compliance with the provisions of R 299.9612 and R 299.9629, the owner or  
operator shall address, at a minimum, all the following items:  
(a) A characterization of the contaminated groundwater, including concentrations of  
hazardous constituents.  
(b) The concentration limit for each hazardous constituent found in the groundwater,  
which must not exceed the background level of that constituent found in the groundwater  
186  
at the time that limit is specified in the operating license.  
(c) Detailed plans and an engineering report describing the corrective action to be  
taken.  
(d) A description of how the groundwater monitoring program will demonstrate the  
adequacy of the corrective action.  
(6) For landfills, surface impoundments, waste piles, and land treatment units, a  
hydrogeological report must include all the following additional information that is  
necessary to determine site suitability and facility design:  
(a) For each boring made pursuant to the provisions of subrule (2) of this rule, all the  
following tests at intervals of not more than 5 feet or change in geologic formation:  
(i) Particle size distribution by both sieve and hydrometer.  
(ii) Atterburg limits according to ASTM standard D4318-10, which is adopted by  
reference in R 299.11001.  
(iii) Classification pursuant to the unified soil classification system according to  
ASTM standard D2487-11, which is adopted by reference in R 299.11001.  
(b) For each boring mad pursuant to the provisions of subrule (2) of this rule, the  
following tests at intervals of not more than 10 feet:  
(i) Permeability, by any of the following methods:  
(A) The triaxial cell method, as described in the EPA document entitled "Soil  
Properties, Classification and Hydraulic Conductivity Testing," which is adopted by  
reference in R 299.11008.  
(B) The constant head method, according to ASTM standard D2434-68, which is  
adopted by reference in R 299.11001.  
(C) An in-situ field method approved by the director.  
(D) Other methods approved by the director.  
(ii) Moisture content, according to ASTM standards D6913-04 and D7928-16, which  
are adopted by reference in R 299.11001.  
(c) Soil boring logs and the results of soil sampling from the borings that are sufficient  
to adequately define bedrock conditions at the site.  
(d) Additional information for determining the geotechnical characteristics of each soil  
layer at the site, such as any of the following:  
(i) Shear strength.  
(ii) Insitu density.  
(iii) Specific gravity.  
(iv) Stress deformation.  
(v) Shrinkage limit.  
(vi) Clay mineralogy.  
(vii) Information on the presence of cracks, fissures, and other voids that may increase  
the effective permeability of the soil.  
(e) A series of geologic cross sections or fence diagrams referenced to a site map and  
illustrating all the following:  
(i) Existing topography.  
(ii) Soil borings.  
(iii) Soil classification.  
(iv) Stratigraphy and other properties.  
(v) Bedrock.  
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(vi) Wells.  
(vii) Stabilized water level readings and proposed site grades.  
(f) Water budget calculations under present site conditions, future active operations,  
and, for disposal facilities, the postclosure period. The calculations must consider all the  
following factors:  
(i) Precipitation.  
(ii) Evaporation.  
(iii) Runoff.  
(iv) Infiltration.  
(v) Evapotranspiration.  
(vi) Groundwater flow velocities and volume.  
(vii) Soil moistureholding capacity.  
(viii) For disposal facilities, the capacity of proposed waste types to hold moisture.  
(7) The director may waive or substitute alternate information for the information  
specified in subrule (2) or (6) of this rule based on site-specific considerations and  
available technology.  
(8) The provisions of 40 CFR 264.94(a)(2), table 1, 264.95, 264.97, 264.98, 270.13(l), and  
270.14(b)(19) and part 265, subpart F, are adopted by reference in R 299.11003.  
R 299.9507 Operating license for new facilities; and expansion, enlargement, or  
alteration of existing facilities; application fees.  
Rule 507. (1) The applicant shall calculate the operating license for new facilities and  
the expansion, enlargement, or alteration of existing facilities application fee by totaling  
the appropriate fees in table 501 of R 299.9523. Each application requires a separate  
application fee.  
(2) A check made payable to the State of Michigan for the calculated fee must be  
attached to the application for an operating license for new facilities and the expansion,  
enlargement, or alteration of existing facilities. The check must include the term  
“HWOL” in the comment section.  
(3) If an operating license application for a new facility or the expansion, enlargement,  
or alteration of an existing facility is not resubmitted after being found to be  
administratively incomplete, the application fee, minus the cost of all public notices  
published or broadcast, must be refunded.  
(4) If an operating license application for a new facility or the expansion, enlargement,  
or alteration of an existing facility is denied, no portion of the application fee is refunded.  
(5) An applicant that makes a reapplication for a revised proposal within 6 months of  
denial shall be assessed only the actual costs to review the revised proposal. These actual  
costs must not exceed the calculated fee from table 501 of R 299.9523.  
(6) An applicant that withdraws an operating license application for a new facility or  
the expansion, enlargement, or alteration of an existing facility within 14 days of receipt  
by the director is entitled to a refund of 70% of the original application fee, minus the  
cost of all public notices published or broadcast.  
(7) An applicant that withdraws an operating license application for a new facility or  
the expansion, enlargement, or alteration of an existing facility within 30 days of receipt  
by the director is entitled to a refund of 35% of the original application fee, minus the  
cost of all public notices published or broadcast.  
188  
(8) An applicant that withdraws an application between 30 and 60 days after receipt by  
the director is entitled to a refund of 20% of the original application fee, minus the cost of  
all public notices published or broadcast.  
R 299.9508 Operating license application for existing facilities; contents.  
Rule 508. (1) An application for an operating license for existing facilities must  
include all the following, except as provided for in subrule (3) of this rule:  
(a) The names and addresses of the owner and the operator, including the name and  
address of the titleholder of the land on which the treatment, storage, or disposal facility  
is constructed; the location and description of the disposal facility; and other information  
pertinent to evaluation of the facility that is required by the director on an application  
form provided by the director.  
(b) All information required for an operating license application for new facilities or  
the expansion, enlargement, or alteration of existing facilities pursuant to R 299.9504.  
(c) For a treatment, storage, or disposal facility that has an operating license for a new  
facility or the expansion, enlargement, or alteration of an existing facility under part 111,  
any revisions to the cost estimates for closure and for postclosure maintenance and  
monitoring submitted with the operating license application for the new facility or the  
expansion, enlargement, or alteration of an existing facility, and a written certification of  
construction pursuant to sections 11123(2) and 11125(9) of the act, MCL 324.11123 and  
324.11125.  
(d) A certification of the treatment, storage, or disposal facility's capability for  
disposing of hazardous waste, except as provided in subdivision (g) of this subrule. The  
certification must be prepared and sealed by a registered professional engineer.  
(e) Proof of financial capability as required by part 7 of these rules.  
(f) Proof of issuance of all necessary state environmental permits for construction and  
operation of the treatment, storage, or disposal facility or portion of the facility.  
(g) An owner or operator of a facility that meets the criteria of R 299.9502(2), (3), and  
(4) that cannot demonstrate compliance as required under sections 11123(2) and  
11125(9) of the act, MCL 324.11123 and 324.11125, shall submit a written program  
designed to bring the facility into compliance with part 111 and these rules within 2 years  
from the date of license issuance. At a minimum, the program must specify the necessary  
modifications to any procedure, equipment, process, or portion of the facility, together  
with the expected dates of completion. The provisions of this subdivision may only be  
exercised in the first operating license application after the effective date of these rules  
and must not be exercised in subsequent applications for license renewal.  
(h) An application fee of $500.00.  
(i) For a landfill, proof that an instrument imposing a restrictive covenant upon the  
land involved has been executed by all the owners of the tract of land where the landfill is  
to be located and by the director, as required by section 11139 of the act,  
MCL 324.11139.  
(2) The director shall waive the hydrogeological report requirements of R 299.9506 for  
existing facilities other than landfills, surface impoundments, waste piles, or land  
treatment facilities if all treatment, storage, and waste-handling activities take place  
inside or under a structure that provides protection from precipitation and run-on and if  
the facility complies with part 6 of these rules.  
189  
(3) An application for an operating license for the postclosure period must include all  
the following information, unless the director determines that additional information  
specified in R 299.9505, R 299.9506, or R 299.9508 is necessary:  
(a) The information specified in 40 CFR 270.14(b)(1), (4) to (7), (11), (13), (14), (18),  
and (19) and (d).  
(b) The information specified in R 299.9506.  
(c) The most recent postclosure cost estimate prepared in accordance with R 299.9702.  
(d) A copy of the documentation required to demonstrate compliance with R 299.9703.  
(4) Owners or operators shall submit the same information required in subrule (3) of  
this rule when an alternate authority is used in place of an operating license for the  
postclosure period as provided for in part 5 of these rules.  
(5) Operating license applications for existing facilities must be signed and certified in  
accordance with the provisions of 40 CFR 270.11 and by the title holder of the land  
where the facility is located.  
(6) The provisions of 40 CFR 270.11 and 270.14(b) and (d) are adopted by reference in  
R 299.11003.  
R 299.9509 Submittal and processing of operating license applications for new facilities  
or the expansion, enlargement, or alteration of existing facilities.  
Rule 509. (1) Any person that requires an operating license for a new facility or the  
expansion, enlargement, or alteration of an existing facility under part 111 shall  
complete, sign, and submit, to the director, an application for each operating license for a  
new facility or expansion, enlargement, or alteration of an existing facility required under  
R 299.9501 as described in this rule. All applicants for operating licenses for new  
facilities or the expansion, enlargement, or alteration of existing facilities must provide  
the information in R 299.9504 to the director on the application form provided by the  
director.  
(2) The director shall not begin processing an operating license application for a new  
facility or the expansion, enlargement, or alteration of an existing facility until the  
application is complete. An application for an operating license for a new facility or the  
expansion, enlargement, or alteration of an existing facility is complete when the director  
receives an application that includes all the information required by section 11123(2) of  
the act, MCL 324.11123, and R 299.9504. The completeness of any application for an  
operating license for a new facility or the expansion, enlargement, or alteration of an  
existing facility must be judged independently of the status of another permit or permit  
application for the same facility. The statutory timetable of section 11125(4) of the act,  
MCL 324.11125, and the timetable of subrule (4) of this rule begins upon receipt of a  
complete operating license application for a new facility or the expansion, enlargement,  
or alteration of an existing facility.  
(3) When a facility or activity is owned by 1 person, but is operated by another person,  
it is the operator's duty to obtain an operating license for a new facility or the expansion,  
enlargement, or alteration of an existing facility, except that the owner and titleholder of  
the land shall also sign the permit application.  
(4) The director, or the director’s designee, shall notify the applicant within 30 days  
after receipt of an operating license application for a new facility or the expansion,  
enlargement, or alteration of an existing facility. The notification must include the date  
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of receipt and whether any required items of an administrative nature were missing. This  
notice will not include all areas where the application is technically incomplete.  
(5) The director, or the director’s designee, shall notify the applicant of the operating  
license for a new facility or the expansion, enlargement, or alteration of an existing  
facility status within 75 days after the complete application is received.  
(6) The director shall recommend approval or deny an operating license application for  
a new facility or the expansion, enlargement, or alteration of an existing facility within  
120 days after the director receives a complete application.  
(7) If the director intends to deny the operating license application for a new facility or  
the expansion, enlargement, or alteration of an existing facility, the director, or the  
director’s designee, shall commence a public participation process in accordance with  
R 299.9511.  
(8) The director shall either prepare a draft operating license for a new facility or the  
expansion, enlargement, or alteration of an existing facility or deny the operating license.  
The director shall commence a public participation process in accordance with  
R 299.9511.  
(9) Applicants shall keep records of all data used to complete operating license  
applications for new facilities or the expansion, enlargement, or alteration of existing  
facilities and any supplemental information submitted under R 299.9504 for a period of  
not less than 3 years from the date the application is signed.  
R 299.9510 Submittal and processing of operating license applications for existing  
facilities.  
Rule 510. (1) Any person that requires an operating license for an existing facility  
under part 111 shall complete, sign, and submit, to the director, an application for each  
license required under R 299.9502, as described in this rule. Persons with interim status  
currently authorized to operate without a license as provided by R 299.9502 shall apply  
for operating licenses when required by the director. Procedures for applications,  
issuance and administration of emergency operating licenses, and research licenses are  
found exclusively in R 299.9501.  
(2) All applicants for operating licenses for existing facilities shall provide the  
information in R 299.9508 to the director and shall use the application form provided by  
the director.  
(3) The director, or the director’s designee, shall not begin the processing of an  
operating license application for an existing facility until it is complete, except for  
emergency operating licenses under R 299.9501. An application for an operating license  
is complete when the director receives an application that includes that information  
required by R 299.9508. The completeness of any application for an operating license  
must be judged independently of the status of another permit or permit application for the  
same facility.  
(4) When a facility or activity is owned by 1 person, but is operated by another person,  
it is the operator's duty to obtain an operating license for the existing facility, except that  
the owner and titleholder of the land shall also sign the license application.  
(5) Any hazardous waste treatment, storage, or disposal facility with an effective  
operating license shall submit a new license application under R 299.9508 not less than  
180 days before the expiration date of the existing operating license, unless permission  
191  
for a later date has been granted by the director. The director shall not grant permission  
for applications to be submitted later than the expiration date of the existing operating  
license.  
(6) The director shall make a final decision on an operating license application for an  
existing facility within 140 days after the director receives a complete application.  
(7) Before making a final decision on an operating license for an existing facility, the  
director shall, when authorized under the provisions of 40 CFR part 271, complete the  
public participation process specified in R 299.9511. The director may extend the  
140-day deadline of subrule (6) of this rule to complete this process.  
(8) Applicants shall keep records of all data used to complete operating license  
applications for existing facilities and any supplemental information submitted under  
R 299.9508 for a period of not less than 3 years from the date the application is signed.  
(9) The director may separately license treatment, storage, and disposal facility units at  
the same facility if these units have different owners or operators or if these units have  
significantly different impacts or potential impacts on public health and the environment.  
R 299.9511 Public participation procedures.  
Rule 511. (1) Except as provided for in subrule (2) of this rule, the requirements of this  
subrule apply to any person required to obtain an operating license under the act or these  
rules. Applicants shall comply with all the following requirements:  
(a) Before submission of an application, the applicant shall hold not less than 1 public  
meeting to solicit comments from the public and inform the public of the proposed  
hazardous waste management activities.  
(b) The applicant shall post a sign-in sheet or otherwise provide an opportunity for the  
preapplication meeting attendees to provide their names and addresses.  
(c) The applicant shall provide notice of the preapplication meeting not less than  
30 days in advance of meeting. The applicant shall maintain documentation of the  
preapplication meeting notice and provide the documentation to the director on request.  
The notice of the preapplication meeting must comply with the following requirements:  
(i) The notice must include all of the following information:  
(A) The date, time, and location of the meeting.  
(B) A brief description of the purpose of the meeting.  
(C) A brief description of the facility and proposed operations, including the facility  
address and a map of the facility location.  
(D) A statement encouraging persons to contact the facility not less than 72 hours  
before the meeting if they require special accommodations to participate in the meeting.  
(E) The name, address, and telephone number of the applicant's contact person.  
(ii) The notice must be provided by the applicant in all the following forms:  
(A) Published as a display advertisement in a newspaper of general circulation in the  
county or equivalent jurisdiction that hosts the proposed location of the facility. If the  
director determines that publication in newspapers of general circulation in the adjacent  
counties or equivalent jurisdictions is necessary to inform the affected public, the director  
shall advise the applicant to provide a notice in those newspapers.  
(B) Posted as a notice on a clearly marked sign at or near the facility. If the applicant  
places the sign on the facility property, the sign must be large enough to be readable from  
the nearest point where the public would pass by the facility.  
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(C) Broadcast a notice not less than once on 1 local radio station or television station.  
The applicant may employ another medium with prior approval from the director.  
(d) The applicant shall provide a copy of the newspaper publication of the  
preapplication meeting notice to the director and the appropriate units of state and local  
government in accordance with 40 CFR 124.10(c)(1)(x).  
(2) The requirements of subrule (1) of this rule do not apply to any of the following:  
(a) A renewal operating license application that does not propose any significant  
changes in facility operations. As used in this subdivision, "significant changes" means  
any changes that would qualify as a major modification under R 299.9519.  
(b) An operating license application that is submitted solely to address postclosure  
requirements or postclosure and corrective action requirements.  
(c) An operating license modification submitted in accordance with R 299.9519.  
(d) An operating license application submitted before the effective date of these rules.  
(3) Except as provided for in subrule (4) of this rule, the director shall comply with all  
the following requirements upon receipt of an operating license application under the act  
or these rules:  
(a) Within a reasonable period of time after the application is received, provide the  
facility mailing list and appropriate units of state and local government with notice in  
accordance with 40 CFR 124.10(c)(1)(ix) and (x) that the application has been submitted  
to the department and is available for review. The notice must include all the following  
information:  
(i) The name, address, and telephone number of the applicant’s contact person.  
(ii) The name, address, and telephone number of the department’s contact.  
(iii) The mailing address where information, comments, and inquiries may be  
submitted to the department throughout the application review process.  
(iv) The address where persons may write to be placed on the facility mailing list.  
(v) The location where a copy of the application and any supporting documents may be  
viewed and copied.  
(vi) A brief description of the facility and proposed operations, including the facility  
address or a map of the facility location, on the front page of the notice.  
(vii) The date that the application was received by the department.  
(b) Concurrent with the notice provided in subdivision (a) of this subrule, place the  
application and any supporting documents in a location accessible to the public in the  
vicinity of the facility or at an appropriate department office.  
(4) The requirements of subrule (3) of this rule do not apply to either of the following:  
(a) An operating license application that is submitted solely to address postclosure  
requirements or postclosure and corrective action requirements.  
(b) A minor operating license modification as specified in R 299.9519(5) and (9).  
(5) The director shall comply with all the following requirements upon receipt of an  
operating license application under the act or these rules:  
(a) Assess the need, on a case-by-case basis, for an information repository based on the  
following information:  
(i) The level of public interest.  
(ii) The type of facility.  
(iii) The presence of an existing repository.  
(iv) The proximity of the facility to the nearest copy of the administrative record.  
193  
(b) If it is determined that an information repository is needed at any time after  
submittal of the application, notify the applicant that the applicant must establish and  
maintain an information repository in compliance with the following requirements:  
(i) The information repository must include all documents, reports, data, and  
information considered necessary by the director to fulfill the purposes for which the  
repository is established. The director has the discretion to limit the contents of the  
information repository.  
(ii) The information repository must be located and maintained at a site selected by the  
applicant. However, if the director finds that the site selected by the applicant is  
unsuitable for the purposes or persons for which the information repository is established,  
due to problems with the location, hours of availability, access, or other relevant  
considerations, the director shall specify a more appropriate site for the information  
repository.  
(iii) The information repository must be maintained and updated by the applicant for  
the time period specified by the director.  
(c) Specify the requirements for informing the public about the information repository.  
At a minimum, the director shall require the applicant to provide a written notice about  
the information repository to all individuals on the facility mailing list.  
(d) Based on the factors outlined in subdivision (a) of this subrule, make decisions  
regarding the appropriateness of closing the information repository and notify the  
applicant accordingly.  
(6) For applications for incinerators, boilers, or industrial furnaces, the director shall  
provide notice to all persons on the facility mailing list and to the appropriate units of  
state and local government in accordance with 40 CFR 124.10(c)(1)(ix) and (x)  
announcing the following:  
(a) The scheduled commencement and completion dates for the trial burn. The notice  
must be mailed within a reasonable time period before the scheduled trial burn. An  
additional notice is not required if the trial burn is delayed due to circumstances beyond  
the control of the facility or the department. The notice, which must be issued before the  
applicant may commence the trial burn, must contain all the following information:  
(i) The name, address, and telephone number of the applicant's contact person.  
(ii) The name, address, and telephone number of the department's contact person.  
(iii) The location where the approved trial burn plan and any supporting documents  
may be reviewed and copied.  
(iv) The expected time period for commencement and completion of the trial burn.  
(b) The department's intention to approve the trial burn plan in accordance with the  
timing and distribution requirements of 40 CFR 270.62(b)(6) and 270.66(d)(3) as  
applicable. The notice must contain all the following information:  
(i) The name, address, and telephone number of the facility contact person.  
(ii) The name, address, and telephone number of the department's contact person.  
(iii) The location where the approved trial burn plan and any supporting documents  
may be reviewed and copied.  
(iv) A schedule of the activities that are required as part of an operating license for a  
new facility or the expansion, enlargement, or alteration of an existing facility, or for  
existing facilities, before license issuance, including the anticipated time for department  
approval of the trial burn plan and the time period during which the trial burn will be  
194  
conducted.  
(7) Before making a final decision on a major license modification or operating license  
application, the director or the director’s designee shall, when authorized under  
40 CFR part 271, do the following:  
(a) Prepare either a draft major license modification, operating license, or a notice of  
intent to deny.  
(b) For major facilities, prepare a fact sheet under R 299.9512 that briefly sets forth the  
significant factual, methodological, and policy questions considered in preparing the draft  
major license modification, operating license, or notice of intent to deny and send this  
fact sheet to the applicant and, upon request, another person.  
(c) Publish a public notice that a draft operating license or notice of intent to deny has  
been prepared and allow not less than 45 days for public comment.  
(d) Publish a public notice that a draft major license modification has been prepared  
and allow not less than 60 days for public comment.  
(e) Provide public notice of any public hearing scheduled pursuant to R 299.9514 not  
less than 30 days before the hearing date.  
(f) Prepare and make available to the public a response to comments on the draft major  
license modification, operating license, or notice of intent to deny, which must do all the  
following:  
(i) Specify which provisions of the draft major license modification or operating  
license have been changed, if any, and the reasons for the changes.  
(ii) Briefly describe and respond to all significant comments raised during the public  
comment period or any hearing.  
(iii) Indicate whether the comment period is to be reopened or extended.  
(iv) For notices of intent to deny, the reasons for denial.  
(8) If the director decides to prepare a draft operating license, the director shall prepare a  
license that contains the information specified in R 299.9521.  
(9) Draft major license modifications and licenses that are prepared by the director  
pursuant to this rule must be accompanied by a fact sheet pursuant to R 299.9512,  
publicly noticed pursuant to R 299.9513, and made available for public comment. The  
director shall give notice of the opportunity for a public hearing pursuant to R 299.9514,  
issue a final decision, and respond to comments pursuant to R 299.9515.  
R 299.9512 Fact sheets.  
Rule 512. A fact sheet on a draft operating license or notice of intent to deny must  
include all the following information after the director is authorized under the provisions  
of 40 CFR part 271 to administer and enforce part 111 and these rules instead of the  
federal program:  
(a) A brief description of the type of facility or activity that is subject to a final decision.  
(b) The type and quantity of wastes, fluids, or pollutants that are proposed to be or are  
being treated, stored, disposed of, injected, emitted, or discharged.  
(c) Reasons why any requested variances or alternatives to minimum standards do or  
do not appear justified.  
(d) A description of the procedures for reaching a final decision, including all the  
following:  
(i) The beginning and ending dates of the comment period under R 299.9511(7)(c) and  
195  
the address where comments will be received.  
(ii) Procedures for requesting a hearing and the nature of that hearing.  
(iii) Other procedures by which the public may participate in the final decision.  
(e) Name and telephone number of a person to contact for more information.  
R 299.9513 Public notices.  
Rule 513. (1) Public notices of draft operating licenses, notices of intent to deny, and  
public hearings must be given by the following methods after the director is authorized  
under 40 CFR part 271 to enforce and administer part 111 and these rules instead of the  
federal program:  
(a) By mailing a copy of the notice, fact sheet, operating license application, and draft  
operating license to all the following entities:  
(i) The applicant.  
(ii) Another agency that the director knows has issued or is required to issue an  
environmental permit for the same facility.  
(iii) Federal and state agencies with jurisdiction over any of the following:  
(A) Fish, shellfish, and wildlife resources.  
(B) Coastal zone management plans.  
(C) The advisory council on historic preservation.  
(D) State historic preservation officers.  
(E) Other appropriate government authorities, including any affected states.  
(iv) Any unit of local government having jurisdiction over the area where the facility is  
proposed to be located.  
(v) Each state agency having any authority under state law with respect to the  
construction or operation of the facility.  
(b) By mailing a copy of the notice to persons on a facility mailing list developed  
pursuant to subrule (3) of this rule.  
(c) By any method reasonably calculated to give actual notice of the action in question  
to the persons potentially affected by it, including press releases or another forum or  
medium to elicit public participation.  
(d) By publication of a notice in a daily or weekly major local newspaper of general  
circulation and by broadcasting over local radio stations. The director may replace the  
radio broadcast with another medium that provides not less than an equivalent means of  
notification.  
(e) By posting the notice at the principal office of the department and any other  
locations considered appropriate by the director.  
(2) All public notices required by this rule must contain all the following information:  
(a) Name and address of the office processing the operating license.  
(b) Name and address of the applicant and the facility at issue.  
(c) A brief description of the business conducted at the facility or activity described in  
the application or draft license.  
(d) Name, address, and telephone number of a person or agency from whom interested  
persons may obtain further information, including copies of the draft operating license,  
fact sheet, and application.  
(e) A brief description of the comment procedures required by R 299.9511 and the time  
and place of any hearing that will be held, including a statement of procedures to request  
196  
a hearing and other procedures by which the public may participate in the final decision.  
(f) For notices of public hearings, all the following information:  
(i) References to the date of previous public notices relating to the application.  
(ii) Date, time, and place of the hearing.  
(iii) A brief description of the nature and purpose of the hearing, including the  
applicable rules and procedures.  
(iv) Other information required by act 306.  
(g) Any additional information considered necessary and proper.  
(3) The director or the director’s designee shall develop a facility mailing list that  
includes the following persons:  
(a) Those who request in writing to be on the list.  
(b) Participants from past application proceedings under part 111 in that area.  
(4) The director or the director’s designee shall notify the public of the opportunity to be  
put on the mailing list through publication.  
R 299.9514 Public hearings.  
Rule 514. (1) During the public comment period provided under R 299.9511(7)(c), any  
interested person may submit written comments to the director on the draft operating  
license, or notice of intent to deny and may request a public hearing if no hearing has  
already been scheduled. A request for public hearing must be in writing and must state  
the nature of the issues proposed to be raised at the hearing. All comments must be  
considered in making the final decision on a public hearing and must be answered as  
provided in R 299.9515.  
(2) The director or the director’s designee shall hold a public hearing if 1 of the  
following occurs:  
(a) The director finds, on the basis of responses, a significant degree of interest in a  
draft operating license or notice of intent to deny.  
(b) The director determines that a hearing may clarify 1 or more issues involved in the  
final decision on an operating license.  
(c) The director receives written notice of opposition to a draft operating license or  
notice of intent to deny within 45 days of the notice required pursuant to  
R 299.9511(7)(c).  
(3) Public notice of the hearing must be given as specified in R 299.9513.  
(4) During a public hearing, any person may submit oral or written statements and data  
concerning the draft operating license or notice of intent to deny. The public comment  
period under R 299.9511(7)(c) must automatically be extended to the close of any public  
hearing under this rule. The hearings officer may also extend the comment period by so  
stating at the hearing.  
(5) When possible, the director or the director’s designee shall schedule a public  
hearing on an operating license or notice of intent to deny at a location convenient to the  
nearest population center to the proposed facility.  
(6) A tape recording or written transcript of the hearing must be made available to the  
public.  
R 299.9515 Revisions based on public comment; response to comments.  
Rule 515. (1) Upon completion of the public participation process for an operating  
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license application, the director shall review all comments made during that process and  
make a final decision on the issuance of the license under the provisions of act 306.  
(2) At the time that any operating license is issued, the director shall issue a response to  
comments that does both of the following:  
(a) Briefly describes and responds to all significant comments on the draft license  
raised during the public comment period or during any hearing.  
(b) Specifies which provisions, if any, of the draft operating license have been changed  
in the final license and the reason for the change.  
(3) The director shall make the response to comments prepared under subrule (2) of this  
rule available to the public.  
R 299.9516 Operating licenses; duration and effect.  
Rule 516. (1) An operating license for a new facility or the expansion, enlargement, or  
alteration of an existing facility is valid for 3 years from the date of issuance. The license  
remains valid for a period of not more than 10 years if construction is initiated within the  
3-year period and proceeds in a continuous manner.  
(2) Extensions of an operating license for a new facility or the expansion, enlargement,  
or alteration of an existing facility may be granted by the director if unexpected  
construction delays occur beyond the control of the licensee.  
(3) An operating license for an existing facility is effective for a fixed term of not more  
than 10 years. Each operating license for an existing land disposal facility must be  
reviewed by the director 5 years after the date of license issuance or reissuance and must  
be modified as necessary in accordance with the provisions of R 299.9519 and  
R 299.9520. The term of an operating license for an existing facility must not be  
extended by modification beyond the maximum duration specified in this subrule.  
(4) The director may issue any operating license for an existing facility for a duration  
that is less than the full allowable term under this rule.  
(5) An operating license may be modified or revoked during its term for cause as set  
forth in R 299.9519.  
(6) The issuance of an operating license does not relieve the owner or operator of their  
duty to comply with the statutory or regulatory requirements applicable to the facility that  
were enacted or promulgated after the license was issued.  
(7) The issuance of an operating license does not convey any property rights of any sort  
or any exclusive privilege.  
(8) The issuance of an operating license does not authorize any injury to persons or  
property or invasion of other private rights or any infringement of other state or local law  
or regulations, except as otherwise specified in sections 11123(5) and 11125(5) of the act,  
MCL 324.11123 and 324.11125.  
R 299.9518 Operating license for existing facilities; denial.  
Rule 518. (1) The director shall deny an application for an operating license for an  
existing facility if the operation of the treatment, storage, or disposal facility for which  
the license is sought will violate part 111 or these rules.  
(2) The applicant is on notice that, in addition to any other of these rules, the director  
shall deny an operating license application for an existing facility if any of the following  
occur:  
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(a) Notwithstanding the receipt of the certification of construction required by  
sections 11123(2) and 11125(9) of the act, MCL 324.11123 and 324.11125. the facility  
has not been constructed according to the plans approved by the director, the  
requirements of part 111 or these rules, or the stipulations and conditions of the approved  
operating license for an existing facility.  
(b) The existing construction or operation of an existing facility or facility newly  
subjected to the licensing requirements of part 111 and these rules presents a hazard to  
the public health or the environment.  
(c) The applicant has not submitted sufficiently detailed or accurate information to  
enable the director to make reasonable judgments as to whether the license should be  
granted.  
(3) The criteria specified for license revocation pursuant to the provisions of  
R 299.9519 are causes for denial of an operating license renewal application.  
(4) When an application is denied, the applicant shall be notified, in writing, of the  
reasons for denial.  
(5) If an initial operating license application is denied, the applicant shall cease all  
hazardous waste treatment, storage, limited storage, and disposal activities at the facility  
for which the application was submitted and perform closure in accordance with  
R 299.9613 for all hazardous waste treatment, storage, limited storage, and disposal units  
at the facility for which the application was submitted. On denial of an initial operating  
license application, the applicant may seek judicial review pursuant to the provisions of  
section 631 of act 236, MCL 600.631. Initial operating license applications must include  
those applications for facilities for which interim status has been obtained pursuant to the  
provisions of 40 CFR 270.70.  
(6) If a renewal operating license application is denied, the applicant shall cease all  
hazardous waste treatment, storage, limited storage, and disposal activities at the facility  
for which the application was submitted and perform closure in accordance with  
R 299.9613 for all hazardous waste treatment, storage, limited storage, and disposal units  
at the facility for which the application was submitted, unless the applicant appeals the  
denial and initiates proceedings pursuant to the applicable provisions of act 236 or act  
306. If the applicant initiates proceedings pursuant to the applicable provisions of  
act 236 or act 306 and the denial is upheld pursuant to the proceedings, the applicant shall  
cease all hazardous waste treatment, storage, limited storage, and disposal activities at the  
facility for which the application was submitted and perform closure in accordance with  
R 299.9613 for all hazardous waste treatment, storage, limited storage, and disposal units  
at the facility for which the application was submitted.  
R 299.9519 Modification, revocation, and suspension of operating licenses during their  
terms.  
Rule 519. (1) An owner or operator shall construct, operate, and maintain a facility  
pursuant to part 111, these rules, and the operating license issued to the facility pursuant  
to part 111. Any deviation from the conditions of a license or from approved plans  
requires prior approval by the director, unless otherwise specified in this rule, and, if  
necessary, modification of the license.  
(2) If the director receives any information during the term of an operating license, for  
example, inspects the facility, receives information submitted by the licensee as required  
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in the license, receives a request for modification or revocation pursuant to this rule, or  
conducts a review of the license file, then the director may determine if 1 or more of the  
causes listed in subrule (3) of this rule for modification or subrule (11) of this rule for  
revocation, or both, exist. If cause exists, the director may commence proceedings  
pursuant to act 306 to modify or revoke an operating license accordingly, subject to the  
limitation of subrule (4) of this rule, and may request an updated application under  
R 299.9520, if necessary. If an operating license is modified, then only the conditions  
subject to modification are reopened. If an operating license modification satisfies the  
criteria of subrule (5) of this rule for a minor modification, or if the director has not yet  
been authorized under 40 CFR part 271, then the license may be modified pursuant to  
subrule (6) of this rule. Otherwise, a draft license must be prepared, and other procedures  
specified in R 299.9511 followed.  
(3) Any of the following are causes for modification of an operating license:  
(a) The causes listed under 40 CFR 270.41(a), except 40 CFR 270.41(a)(3).  
(b) If the standards or regulations on which the license was based have been changed by  
statute, through promulgation of new or amended standards or regulations, or by judicial  
decision after the license was issued.  
(c) To modify a monitoring program under R 299.9611 or R 299.9612.  
(d) Cause exists for modification under subrule (5) of this rule and the director  
determines that modification is appropriate.  
(e) The director has received notification pursuant to R 299.9522 of a proposed transfer  
of ownership or operation.  
(4) The director shall not consider suitability of the facility location at the time of  
operating license modification, suspension, or revocation, or when reviewing an  
operating license for a new facility or the expansion, enlargement, or alteration of an  
existing facility, unless new information or standards indicate that a threat to human  
health or the environment exists that was unknown at the time of license issuance. In  
addition, the director shall not modify an operating license for a new facility or the  
expansion, enlargement, or alteration of an existing facility beyond what is authorized in  
the license.  
(5) The licensee may put into effect the following minor license modifications without  
following the procedures specified in R 299.9511, if the licensee complies with  
subrule (6) of this rule:  
(a) Any of the following general license modifications:  
(i) An administrative and information change.  
(ii) A correction of a typographical error.  
(iii) Equipment replacement or upgrading with functionally equivalent elements, for  
example pipes, valves, pumps, conveyors, or controls.  
(iv) A change in the frequency of, or procedures for, monitoring, reporting, sampling,  
or maintenance activities to provide for more frequent monitoring, reporting, sampling, or  
maintenance.  
(v) A change in the interim compliance dates in the schedule of compliance if the prior  
written approval of the director is obtained.  
(vi) A change in the expiration date of the license to allow earlier license termination if  
the prior written approval of the director is obtained.  
(vii) A change in the ownership or operational control of a facility if the procedures  
200  
specified in R 299.9522 are followed and if the prior written approval of the director is  
obtained.  
(viii) Changes to remove operating license conditions that are no longer applicable  
because the standards upon which they are based are no longer applicable to the facility if  
prior written approval from the director is obtained.  
(ix) Changes to remove license conditions applicable to a unit excluded under  
R 299.9204.  
(x) Changes in the expiration date of a license issued to a facility at which all units are  
excluded under R 299.9204.  
(b) Any of the following general facility modifications:  
(i) A change to waste sampling or analysis methods to conform to agency guidelines or  
regulations.  
(ii) A change to waste sampling or analysis methods to incorporate change associated  
with F039, multisource leachate sampling or analysis methods.  
(iii) A change to waste sampling or analysis methods to incorporate changes associated  
with underlying hazardous constituents in ignitable or corrosive wastes if the prior  
written approval of the director is obtained.  
(iv) A change in a sampling or analysis procedure or monitoring schedule if the prior  
written approval of the director is obtained.  
(v) A change to analytical quality assurance/control plans to conform to department  
guidelines or rules.  
(vi) A change in procedures for maintaining the operating record.  
(vii) A change in the contingency plan to reflect the replacement of emergency  
equipment with functionally equivalent equipment, the upgrade of emergency equipment,  
or the relocation of emergency equipment listed.  
(viii) A change to the training plan, other than those changes that affect the type of, or  
decrease the amount of, training given to employees.  
(ix) The replacement of emergency equipment with functionally equivalent emergency  
equipment, the upgrade of emergency equipment, or the relocation of emergency  
equipment listed in the contingency plan.  
(x) A change in the name, address, or phone number of a coordinator or another person  
or agency identified in the contingency plan.  
(xi) A change in the procedures used to empty hazardous waste from transport vehicles  
and other containers.  
(xii) A change that the construction quality assurance officer certifies will provide  
equivalent or better certainty that the unit components meet the design specifications.  
The certification must be provided in the facility operating record.  
(c) Any of the following groundwater protection modifications:  
(i) Replacement of an existing well that has been damaged or rendered inoperable  
without changing the location, design, or depth of the well.  
(ii) A change in groundwater sampling or analysis procedure or monitoring schedule if  
the prior written approval of the director is obtained.  
(iii) A change in statistical procedure for determining whether a statistically significant  
change in groundwater quality between upgradient and downgradient wells has occurred  
if the prior written approval of the director is obtained.  
(d) Any of the following changes to closure plans:  
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(i) A change in the estimate of maximum inventory of waste on-site at any time during  
the active life of the facility, not to exceed the approved process design capacity of the  
facility if the prior written approval of the director is obtained.  
(ii) A change in the closure schedule for any unit, a change in the final closure  
schedule for the facility, or extension of the closure period if the prior written approval of  
the director is obtained.  
(iii) A change in the expected year of final closure if other license conditions are not  
changed and if the prior written approval of the director is obtained.  
(iv) A change in procedure for the decontamination of facility equipment or structures  
if the prior written approval of the director is obtained.  
(v) The addition of temporary tanks used for neutralization, dewatering, phase  
separation, or other separation with the prior written approval of the director.  
(e) Any of the following postclosure modifications:  
(i) A change in the name, address, or phone number of the contact person in the  
postclosure plan.  
(ii) A change in the expected year of final closure if other license conditions are not  
changed.  
(f) The addition of a roof to a container unit without altering the containment system.  
(g) The replacement of a tank with a tank that complies with the same design standards,  
has the same capacity of the replaced tank, and complies with the same conditions in the  
license.  
(h) The replacement of a waste pile unit with another waste pile unit of the same design  
and capacity and that complies with all the waste pile conditions in the license.  
(i) Any of the following land treatment modifications:  
(i) A decreased rate of waste application.  
(ii) A change in any condition specified in the license for a land treatment unit to  
reflect the results of the land treatment demonstration if performance standards are met  
and if the prior written approval of the director is obtained.  
(iii) A change to allow a second land treatment demonstration to be conducted when  
the results of the first demonstration have not shown the conditions under which the  
wastes can be treated completely if the conditions for the second demonstration are  
substantially the same as the conditions for the first demonstration and if the prior written  
approval of the director is obtained.  
(j) Any of the following incinerator, boiler, or industrial furnace modifications:  
(i) Authorization of up to an additional 720 hours of waste burning during the  
shakedown period for determining operation readiness after construction if the prior  
written approval of the director is obtained.  
(ii) A change in the operating requirements specified in the license for conducting a  
trial burn if the change is minor and if the prior written approval of the director is  
obtained.  
(iii) A change in the ranges of the operating requirements specified in the license to  
reflect the results of the trial burn, if the change is minor and if the prior written approval  
of the director is obtained.  
(iv) Substitution of an alternate type of nonhazardous waste fuel that is not specified in  
the license if the prior written approval of the director is obtained.  
(v) Technology changes necessary to meet the standards under 40 CFR part 63,  
202  
subpart EEE, if the owner or operator met the notification of intent to comply  
requirements of 40 CFR 63.1210 that were in effect before October 11, 2000, and if prior  
written approval is obtained from the director.  
(k) Technology changes necessary to meet the standards under 40 CFR part 63,  
subpart EEE, that were promulgated on October 12, 2005, if the owner or operator met  
the notification of intent to comply requirements of 40 CFR 63.1210(b) and 63.1212(a)  
and if prior written approval is obtained from the director.  
(l) Waiver of operating and emission limits as necessary to support the transition to  
40 CFR part 63, subpart EEE, if all the following requirements are met and if prior  
written approval is obtained from the director:  
(i) The specific operating and emission limits for which the waiver is requested must  
be identified in writing.  
(ii) An explanation of why the changes are necessary to minimize or eliminate  
conflicts between the license and the maximum achievable control technology standards  
compliance must be provided in writing.  
(iii) An explanation of how the raised provisions will be sufficiently protective must be  
provided in writing.  
(iv) If the modification is being requested in conjunction with maximum achievable  
control technology performance testing where the license limits may only be waived  
during actual test events and pretesting, as defined under 40 CFR 63.1207(h)(2), for an  
aggregate time not to exceed 720 hours of operation, the request must be provided at the  
same time the test plans are submitted to the director. The director may approve or deny  
the request contingent upon approval of the test plans.  
(m) Any of the following burden reduction changes:  
(i) The development of 1 contingency plan based on integrated contingency plan  
guidance pursuant to 40 CFR 264.52(b).  
(ii) Changes to recordkeeping or reporting requirements under 40 CFR 264.56(i),  
264.113(e)(5), 264.196(f), 264.343(a)(2), 264.1061(b)(1), 264.1062(a), or  
R 299.9629(11).  
(iii) Changes to the inspection frequency for tank systems under 40 CFR 264.195(b).  
(iv) Changes to a detection or a compliance monitoring program under  
40 CFR 264.98(d) or (g)(2) or (3), or 264.99(f) or (g).  
(6) For minor license modifications, the licensee shall do both of the following:  
(a) Notify the director concerning the minor modification by certified mail or other  
means that establish proof of delivery. For minor modifications that do not require the  
prior written approval of the director, the notification must be made within 7 calendar  
days after the change is put into effect. For minor modifications that do require the prior  
written approval of the director, the notification must be made before the change is put  
into effect. The notification must comply with all the following provisions:  
(i) Contain a minor modification request for the director's approval, if required.  
(ii) Specify the exact change or changes being made or to be made to the license  
conditions or supporting documents referenced by the license.  
(iii) Identify that the modification is a minor modification.  
(iv) Explain why the modification is necessary.  
(v) Provide the applicable information required pursuant to R 299.9504 and  
R 299.9508, as appropriate.  
203  
(b) Send a notice of the minor modification to all persons on the facility mailing list  
that is maintained by the director pursuant to 40 CFR 124.10(c)(ix) and the appropriate  
units of state and local government pursuant to 40 CFR 124.10(c)(x). The notification  
must be made within 90 days after the change is put into effect. For minor modifications  
that require the prior written approval of the director, the notification must made within  
90 calendar days after the director approves the minor modification request.  
(7) Any person may request that the director review any minor license modification.  
The director may reject for cause. The director shall inform the licensee by certified mail  
that a minor license modification has been rejected and explain the reasons for the  
rejection. If a minor license modification is rejected, the licensee shall comply with the  
existing license conditions.  
(8) For minor license modifications, the licensee may elect to follow the procedures  
specified in R 299.9511 instead of the license modification procedures. The licensee  
shall inform the director of this decision in the notice that is required in subrule (6) of this  
rule.  
(9) Any modification that is not specifically listed in subrule (5) of this rule is considered  
a major license modification and is subject to the requirements of R 299.9511 and  
R 299.9520, unless all the following conditions are met:  
(a) The licensee demonstrates, to the director's satisfaction, that a modification meets  
the criteria for a minor modification. In determining the appropriate classification for a  
modification, the director shall consider the similarity of the modification to other  
modifications listed in subrule (5) of this rule. Minor modifications apply to minor  
changes that keep the license current with routine changes to the facility or its operation.  
These changes do not substantially alter the license conditions or reduce the capacity of  
the facility to protect human health or the environment.  
(b) The modification does not authorize the physical construction of a new treatment,  
storage, or disposal facility; the expansion or enlargement beyond the previously  
authorized design capacity or area of a treatment, storage, or disposal facility; or the  
alteration of the method of treatment or disposal previously authorized at a treatment,  
storage, or disposal facility to a different method of treatment or disposal.  
(c) The classification of the modification is not less stringent than that allowed under  
RCRA.  
(10) For major license modifications, the licensee shall submit a major modification  
request to the director by certified mail or by other means that establish proof of delivery.  
The request must be made before the change is put into effect. The request must comply  
with all the following provisions:  
(a) Describe the exact change or changes to be made to the license conditions or  
supporting documents referenced by the license.  
(b) Identify that the modification is a major modification.  
(c) Explain why the modification is necessary.  
(d) Provide the applicable information required under R 299.9504 and R 299.9508, as  
appropriate.  
(11) An operating license may be revoked for any of the following reasons:  
(a) Noncompliance by the licensee with part 111 these rules, or any condition of the  
operating license.  
(b) A determination that the licensed activity endangers human health or the  
204  
environment.  
(c) The owner or operator fails in the application or during the operating license  
issuance process to disclose fully all relevant facts or at any time misrepresents any  
relevant facts.  
(12) Requests for operating license modification by a licensee and updated applications  
requested by the director pursuant to subrule (2) of this rule must be made on forms  
provided by the director.  
(13) An operating license may be suspended pursuant to act 306.  
(14) 40 CFR part 63, subpart EEE, and 264.52(b), 264.56(i), 264.98(d) and (g)(2) and  
(3), 264.99(f) and (g), 264.113(e)(5), 264.195(b), 264.196(f), 264.343(a)(2),  
264.1061(b)(1), 264.1062(a), 270.41(a), except 40 CFR 270.41(a)(3), are adopted by  
reference in R 299.11003.  
R 299.9520 Procedures for modification or revocation of operating licenses.  
Rule 520. (1) Any interested person, including the licensee, may request the director to  
commence proceedings under act 306 to modify, suspend, or revoke an operating license.  
All requests must be in writing and contain facts or reasons supporting the request. If the  
director decides the request is not justified, the director shall send the requestor a written  
response giving a reason for the decision.  
(2) If the director decides to commence proceedings under act 306 to modify an  
operating license under R 299.9519(2), the director shall prepare a draft operating license  
incorporating the proposed changes. The director may request submission of an updated  
license application. During any modification proceeding, the licensee shall comply with  
all conditions of the existing license until the license is modified.  
(3) If the director decides to commence proceedings under act 306 to revoke an  
operating license under this rule, the direct or shall issue a notice of intent to revoke and,  
when authorized under title II of the solid waste disposal act, 42 USC 6901 to 6992k,  
follow those public participation procedures specified in R 299.9511.  
(4) If an operating license is revoked, the director shall order the owner or operator to  
carry out closure procedures under section 11151 of the act, MCL 324.11151, and require  
the cessation of all activities at the facility subject to licensure under part 111 except  
those necessary for closure.  
R 299.9521 Operating license conditions.  
Rule 521. (1) All operating licenses must contain all the following general conditions:  
(a) The general conditions contained in the provisions of 40 CFR 270.30, except  
270.30(l)(1) and (8). For purposes of these conditions the word "licensee" replaces the  
word "permittee" and the term "part 111" replaces the term "RCRA."  
(b) The following additional conditions:  
(i) The licensee shall not initiate an enlargement, alteration, or expansion beyond the  
previously authorized design capacity or area of a treatment, storage, or disposal facility  
without first obtaining an operating license for the expansion, enlargement, or alteration  
of an existing facility from the director.  
(ii) For a facility being modified, the licensee shall not treat, store, or dispose of  
hazardous waste in the modified portion of the facility until 1 of the following conditions  
is met:  
205  
(A) The licensee has submitted, to the director, by certified mail or hand delivery, a  
letter signed by the licensee and a registered professional engineer stating that the facility  
has been constructed or modified in compliance with the license and approved plans, and  
the director has inspected the modified facility and finds it complies with the conditions  
of the license.  
(B) Within 15 days of the date of submission of the letter in subparagraph (A) of this  
paragraph, the licensee has not received notice from the director of the director's intent to  
inspect, prior inspection is waived, and the licensee may commence treatment, storage, or  
disposal of hazardous waste.  
(iii) The licensee shall obtain the approval of the director by a modification to the  
license before transferring ownership or operation of the facility to another person. The  
new owner or operator shall not accept hazardous waste at the facility until the license  
modification has been issued by the director.  
(c) Other conditions determined to be necessary by the director to clarify procedures  
for license issuance, reissuance, modification, and revocation under act 306.  
(2) In addition to conditions required in all licenses, the director shall establish  
conditions on a case-by-case basis for all the following:  
(a) Compliance schedules, if applicable, consistent with the provisions of  
40 CFR 270.33.  
(b) Requirements for recording and reporting monitoring results, as specified in the  
provisions of 40 CFR 270.31 and part 6 of these rules.  
(c) Duration of the license under R 299.9516.  
(d) Allowable waste types.  
(3) Each operating license under part 111 must include conditions necessary to do the  
following:  
(a) Achieve compliance with part 111 and these rules, including each of the applicable  
requirements of parts 6 and 8 of these rules. In satisfying this provision, the director shall  
incorporate applicable requirements of part 6 of these rules directly into the license or  
establish other conditions that are based on these requirements. For this subdivision, an  
applicable requirement is a statutory or regulatory requirement that takes effect before  
final administrative disposition of a license or any requirement that takes effect before the  
modification of a license under R 299.9519.  
(b) Protect human health and the environment.  
(c) If, as a result of an assessment or other information, the director determines that  
conditions are necessary in addition to those required under 40 CFR part 63,  
subpart EEE, or the applicable requirements of parts 6 and 8 of these rules to ensure  
protection of human health and the environment, the director shall include those terms  
and conditions in the operating license for a hazardous waste combustion unit.  
(4) New, reissued, and, to the extent allowed under R 299.9519, licenses must  
incorporate each of the applicable requirements referenced in this rule.  
(5) A condition of an operating license must be incorporated either expressly or by  
reference. If incorporated by reference, a specific citation to the applicable regulations or  
requirements must be given in the license.  
(6) The provisions of 40 CFR part 63, subpart EEE, 270.30, except 270.30(l)(1) and  
(8), 270.31, and 270.33 are adopted by reference in R 299.11003.  
206  
R 299.9522 Transfer of ownership or operation.  
Rule 522. (1) A license may be transferred by the licensee to a new owner or operator  
only if the license has been modified pursuant to the provisions of R 299.9519(3) or a  
minor modification made pursuant to the provisions of R 299.9519(5) to identify the new  
licensee and incorporate other requirements as may be necessary pursuant to the  
provisions of part 111 and these rules.  
(2) Changes in the ownership or operational control of a facility that is authorized to  
operate pursuant to the provisions of part 111 or these rules but that has not been issued  
an operating license pursuant to the provisions of part 111 or these rules may be made if  
the new owner or operator submits a revised part a permit application not later than  
90 days before the scheduled change. When a transfer of ownership or operational  
control of a facility occurs, the old owner or operator shall comply with the financial  
requirements of part 7 of these rules until the new owner or operator has demonstrated to  
the director that the new owner or operator is complying with the requirements of part 7  
of these rules. The new owner or operator shall demonstrate compliance with the  
provisions of part 7 of these rules within 6 months of the date of the change in the  
ownership or operational control of the facility. Upon the new owner or operator  
demonstrating, to the director, compliance with the provisions of part 7 of these rules, the  
director, or the director’s designee, shall notify the old owner or operator, in writing, that  
the old owner or operator no longer needs to comply with these requirements as of the  
date of the demonstration. All other interim status duties are transferred effective  
immediately on the date of the change of ownership or operational control of the facility.  
(3) The new owner or operator shall comply with all the requirements of part 111 and  
these rules and with the stipulations of previous operating licenses or other agreements  
entered into by the previous owner or operator and the director.  
(4) The responsibility for remedial measures to correct any environmental problem  
resulting from previous operations at the facility must be assumed by the new owner or  
operator. This requirement must be incorporated into the operating license for the new  
owner or operator.  
R 299.9523 Operating license fee schedule; new, expanded, enlarged, or altered  
facilities.  
Rule 523. Table 501 reads as follows:  
TABLE 501  
Fee Schedule  
Type of facility being constructed, expanded, enlarged, or altered:  
Landfill, surface impoundment, land treatment, or waste pile  
Incinerator or other treatment than described above  
$ 9,000.00  
$ 7,200.00  
Storage, other than storage associated with treatment or disposal activities $ 500.00  
that may be regulated under a single license.  
R 299.9524 Remedial action plans.  
Rule 524. (1) The requirements of this rule apply to remedial action plans and owners  
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or operators seeking remedial action plans to authorize the treatment, storage, or disposal  
of hazardous remediation waste at a remediation waste management site.  
(2) A remedial action plan shall only be issued for the area of contamination where the  
remediation wastes to be managed under the plan originated, or areas in close proximity  
to the contaminated area, except as allowed in limited circumstances under  
40 CFR 270.230.  
(3) The requirements of part 5 of these rules do not apply to remedial action plans, with  
the exception of R 299.9516, unless otherwise specified in this rule.  
(4) Notwithstanding another provision of part 5 of these rules or this rule, any  
document that meets the requirements of this rule constitutes an operating license under  
part 111.  
(5) A remedial action plan may include either of the following:  
(a) A stand-alone document that includes only the information and conditions required  
in this rule.  
(b) A part or parts of another document that includes information or conditions for  
other activities at the remediation waste management site, in addition to the information  
and conditions required by this rule.  
(6) The treatment, storage, or disposal of hazardous remediation wastes under a  
remedial action plan as part of a cleanup compelled by federal or state cleanup authorities  
does not affect obligations that exist under these authorities in any way.  
(7) The issuance of a remedial action plan to the owner or operator of a facility  
operating under interim status does not terminate the interim status of the facility.  
(8) Treatment units that involve the combustion of hazardous remediation wastes at  
remediation waste management sites are not eligible for remedial action plans under this  
rule.  
(9) An owner or operator of a facility already licensed under these rules may obtain  
approval of a remedial action plan for managing hazardous remediation waste at the  
facility by modifying the existing license in accordance with the requirements of  
R 299.9519 and R 299.9520, except the requirements of R 299.9519(6)(a)(v) and (10)(d),  
thus making the remedial action plan part of the license. Requests to modify the license  
must include the information specified in 40 CFR 270.110. Once incorporated into the  
license, the remedial action plan is subject to the requirements for license modification,  
revocation, reissuance, termination, and duration and effect provisions of part 5 of these  
rules.  
(10) Owners or operators seeking a remedial action plan and owners or operators with  
existing remedial action plan shall comply with the requirements of this rule and  
40 CFR part 270, subpart H, except 270.80, 270.85, 270.90, 270.155, 270.160, 270.190,  
and 270.195.  
(11) Final decisions on remedial action plan applications and remedial action plans are  
subject to the appeal processes for operating licenses that are established under the act  
and act 306.  
(12) A remedial action plan is effective 30 days after the director notifies the owner or  
operator and all persons that provided comments on the draft plan that the plan is  
approved, except under any of the following conditions:  
(a) The director specifies a later effective date as part of the final decision.  
(b) The owner or operator or another person has appealed the remedial action plan.  
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(c) No persons requested a change in the draft remedial action plan, in which case the  
plan becomes effective immediately when it is issued.  
(13) Remedial action plans are issued for a fixed term, not to exceed 10 years, although  
the plans may be renewed upon approval by the director in fixed increments of not more  
than 10 years. Each remedial action plan for hazardous waste land disposal must be  
reviewed by the director 5 years after the date of issuance or reissuance and modified as  
necessary to ensure that the owner or operator complies with the requirements of part 111  
and these rules.  
(14) The provisions of 40 CFR part 270, subpart H, except 270.80, 270.85, 270.90,  
270.155, 270.160, 270.190, and 270.195 are adopted by reference in R 299.11003. For  
the purposes of this adoption the words “part 5 of these rules” replace the words "§§270.3  
through 270.66," the words "parts 6 and 8 of these rules" replace the words "part 264 and  
266," the words "this act and act 306" replace the words "§270.155," the words  
"R 299.9519 and R 299.9520" replace the words "§§270.40 through 270.43," "§§270.41  
and 270.43," and "§270.43," The words “these rules” replace the words "parts 124, 260  
through 266 and 270 of this chapter," the words "part 7 of these rules" replace the words  
"part 264, subpart H, of this chapter," the word "R 299.9511" replaces the words  
"§§124.31, 124.32, and 124.33 of this chapter," and the word "R 299.9629" replace the  
word "§264.101."  
R 299.9525 Notice requirements.  
Rule 525. (1) An owner of a hazardous waste treatment, storage, or disposal facility  
shall execute and file a notice with the office of the register of deeds in the county in  
which the facility is located. The owner shall submit verification of the execution, filing,  
and recording of the notice to the department within 60 days of the effective date of this  
rule. The notice must be titled “notice regarding statutory obligations applicable to  
property” and comply with all the following requirements:  
(a) The notice must include a legal description of the land upon which the facility is  
located. The land and the facility must be referred to as "the property."  
(b) The notice must state that the property has been used to manage hazardous waste  
and is subject to the corrective action requirements of part 111 and RCRA, as amended  
by the 1984 hazardous and solid waste amendments.  
(c) The form of the notice must comply with the requirements of section 1 of  
1937 PA 103 MCL 565.201.  
(2) Owners or operators shall provide new owners or operators with a copy of the  
notice required pursuant to the provisions of subrule (1) of this rule.  
(3) New owners or operators shall provide notice to the director of the transfer of  
ownership or operational control of a facility. The notification must be provided to the  
director within 90 days before the scheduled change in ownership or operational control.  
(4) The requirements of subrules (1) to (3) of this rule apply to both of the following:  
(a) Owners or operators of hazardous waste treatment, storage, or disposal facilities  
that have been issued an operating license under part 111.  
(b) Owners or operators of hazardous waste treatment, storage, or disposal facilities  
that have not yet been issued an operating license under part 111.  
PART 6. OWNERS AND OPERATORS OF HAZARDOUS  
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WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES  
R 299.9601 Applicability; relationship to interim status standards.  
Rule 601. (1) The standards in this part apply to owners and operators of all facilities  
that treat, store, or dispose of hazardous waste, except as otherwise specifically provided  
in these rules.  
(2) Treatment, storage, or disposal facilities that are authorized to operate under these  
rules and that have not been issued or reissued an operating license after the effective  
date of these rules shall comply with all the following rules:  
(a) R 299.9602.  
(b) R 299.9607.  
(c) R 299.9609.  
(d) R 299.9610.  
(e) R 299.9613(2) to (6).  
(f) R 299.9614.  
(g) R 299.9615.  
(h) R 299.9623.  
(i) R 299.9627.  
(j) R 299.9629.  
(k) R 299.9635.  
(l) R 299.9636.  
(m) R 299.9637.  
(n) R 299.9638.  
(o) R 299.9639.  
(3) In addition to the requirements specified in subrule (2) of this rule, the following  
persons shall comply with 40 CFR 260.4 and 260.5 and the interim status standards of  
40 CFR part 265, except subparts D, H, I, J, O, and DD, and 40 CFR 265.70, 265.73 to  
265.77, 265.112(d)(1), 265.115, and 265.120.  
(a) An owner or operator of an existing facility that treats, stores, or disposes of  
hazardous waste that has fully complied with the requirements for interim status under  
section 3005(e) of RCRA, 42 USC 6925, and 40 CFR 270.10, until final administrative  
disposition of the owner's or operator's permit application pursuant to RCRA or until an  
operating license is issued or reissued to the owner or operator after the effective date of  
these rules.  
(b) An owner or operator of a facility that is in existence on November 19, 1980, or that  
is in existence on the effective date of amendments to part 111 or these rules that render it  
subject to the licensing requirements of part 111 that has failed to provide timely  
notification as required by section 3010(a) of RCRA, 42 USC 6930, or failed to file  
part A of the permit application as required under 40 CFR 270.10(e) and (g).  
(4) The requirements of this part apply to a person that disposes of hazardous waste by  
means of underground injection subject to a permit issued pursuant to an underground  
injection control program approved or promulgated under the federal safe drinking water  
act only to the extent that these requirements are included in R 299.9503(3)(a).  
(5) The requirements of this part apply to the owner or operator of a publicly owned  
treatment works that treats, stores, or disposes of hazardous waste only to the extent that  
these requirements are included in R 299.9503(3)(b).  
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(6) The standards in this part do not apply to those persons that are listed in  
R 299.9503(1) and (2), except as otherwise specified by those subrules.  
(7) Except as noted in this subrule, part 6 of the rules does not apply to owners and  
operators of hazardous waste incinerator facilities identified in subrule (2) of this rule if  
the owner or operator demonstrates compliance with the maximum achievable control  
technology standards of 40 CFR part 63, subpart EEE, by conducting a comprehensive  
performance test and submitting to the director a notification of compliance under  
40 CFR 63.1207(j) and 63.1210(b) that documents compliance with the requirements of  
40 CFR part 63, subpart EEE. The maximum achievable control technology standards of  
40 CFR part 63, subpart EEE, do not supersede the requirements of R 299.9608 to  
R 299.9610 and part 7 of these rules, and 40 CFR part 265, subparts A to D, F, G, BB,  
and CC.  
(8) Notwithstanding other provisions of these rules, enforcement actions may be brought  
pursuant to section 11148 of the act, MCL 324.11148.  
(9) 40 CFR 260.4, 260.5, and 270.10 and 40 CFR part 265, except subparts H, O, and  
DD, and 40 CFR 265.70, 265.73 to 265.77, 265.112(d)(1), 265.115, and 265.120, are  
adopted by reference in R 299.11003. Where 40 CFR parts 264, 265, and 270 are  
referenced in this part, the term "director" replaces the term "regional administrator", and  
the term "operating license" replaces the term "permit." For the purposes of adoption, the  
term "site identification number" replaces the term "EPA identification number," the term  
"R 299.9629" replaces the term "§264.101(a)," the term "part 5 of these rules" replaces  
the term "§270.1(c)(7)," and the term "R 299.9703(8) and R 299.9710(17)" replaces the  
term "§265.140(d)," and the term "R 299.9612 and R 299.9629" replaces the term  
"§§264.91 through 264.100."  
R 299.9602 Environmental and human health standards generally.  
Rule 602. (1) All treatment, storage, and disposal facilities shall be located, designed,  
constructed, and operated in a manner that will prevent all the following:  
(a) Violations of the federal clean water act or part 31.  
(b) Air emissions in violation of the federal clean air act or part 55.  
(c) Degradation, as defined by part 31, of a solesource aquifer.  
(d) Exposure of humans or the environment to harmful quantities of hazardous waste  
or hazardous waste constituents.  
(e) Pollution, impairment, or destruction of the natural resources of this state.  
(2) The owner or operator of a treatment, storage, or disposal facility that discharges to  
surface water or groundwater, including discharges from leachate collection systems or  
surface water runoff collection systems, shall comply with the federal clean water act and  
part 31. Additionally, owners or operators of a treatment, storage, or disposal facility that  
discharges, other than sanitary sewage, to municipal sewerage systems shall meet the  
applicable pretreatment standards for these facilities.  
R 299.9603 Location standards.  
Rule 603. (1) Active portions of new treatment, storage, or disposal facilities or  
expansions, enlargements, or alterations of existing facilities shall not be located in any  
of the following areas:  
(a) Within 61 meters of a fault that had its displacement in Holocene time.  
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(b) In a floodway designated by the department under part 31.  
(c) In a coastal high-risk area designated under part 323 of the act, MCL 324.32301 to  
324.32315.  
(d) Over a sole-source aquifer or the recharge zone of a sole-source aquifer, unless the  
director grants an exemption to this provision based upon a demonstration by the  
applicant that the treatment, storage, or disposal facility will be located, designed,  
constructed, and operated in a manner that will prevent contamination of the aquifer.  
(e) Within that isolation distance from public water supplies specified by act 399.  
(f) In a wetland.  
(2) Unless otherwise allowed by an operating license under part 111 or subrule (3) of  
this rule, the following isolation distances must be maintained between the active portion  
of a new facility and adjacent commercial, residential, or recreational property lines:  
(a) For landfills, 150 meters.  
(b) For other facilities, 60 meters.  
(3) For purposes of subrule (2) of this rule, adjacent commercial, residential, and  
designated recreational property must not include public roads, railroads, or  
rights-of-way. However, the director may require greater isolation distances than those  
specified in subrule (2) of this rule, or allow lesser isolation distances, based on the  
following criteria:  
(a) The proposed design and operation of the facility.  
(b) The location of private water wells.  
(c) The potential for fugitive emissions in violation of part 55.  
(4) Treatment, storage, and disposal facilities shall not be located in a floodplain. The  
director may grant an exemption to the floodplain restrictions of this rule for treatment  
and storage facilities if either of the following conditions is met:  
(a) The facility is designed, constructed, operated, and maintained to prevent washout  
of any hazardous waste by a flood.  
(b) The owner or operator can demonstrate to the director that procedures are in effect  
that will cause the waste to be removed safely, before floodwaters can reach the facility,  
to a location where the wastes will not be vulnerable to the floodwaters.  
(5) Landfills, surface impoundments, and waste piles must only be located in areas  
where there is not less than 6 meters of soil with a maximum permeability of 1.0 x 10-6  
centimeters per second at all points below and lateral to the liner or bottom of the landfill,  
surface impoundment, or waste pile, unless the owner or operator substitutes an  
engineered backup liner of equivalent design and demonstrates to the director that it  
provides equivalent environmental protection.  
R 299.9604 Facility design and operating standards.  
Rule 604. The owner or operator of a treatment, storage, or disposal facility shall  
design, construct, operate, and maintain all the following:  
(a) A run-on control system capable of preventing flow onto the active portions of the  
facility during peak discharge from not less than a 24-hour, 25-year storm.  
(b) A runoff management system to collect and control not less than the water volume  
resulting from active portions of the facility from a 24-hour, 100-year storm.  
(c) Systems to prevent hazardous waste or hazardous waste constituents from escaping  
into the soil, directly or indirectly into surface water or groundwaters, or uncontrolled  
212  
into drains or sewers.  
R 299.9605 General requirements for owners and operators.  
Rule 605. (1) The owner or operator of a hazardous waste treatment, storage, or  
disposal facility shall comply with all the requirements of 40 CFR part 264, subpart B,  
unless otherwise specified in this rule. The owner or operator shall also provide copies of  
the notices required pursuant to 40 CFR 264.12(a) to the regional administrator. In  
addition to the notice requirements of 40 CFR 264.12, the owner or operator shall, before  
transferring ownership or operation of a facility during its operating life or during any  
required postclosure care period, notify the new owner or operator, in writing, of the  
requirements of this part and part 5 of these rules.  
(2) Hazardous waste transport vehicles and other containers leaving a designated  
facility must be empty of hazardous waste in accordance with the provisions of  
R 299.9207 or accompanied by a manifest that is prepared in accordance with the  
provisions of these rules. The owner or operator shall develop and implement a  
procedure for ensuring compliance with this subrule. If a transport vehicle or other  
container is not empty, then the owner or operator shall either take all steps required in  
the procedure to ensure that the provisions of R 299.9207 are complied with or ensure  
that the hazardous waste that remains in the vehicle or containers is accompanied by a  
manifest that is prepared in accordance with the provisions of these rules when leaving  
the designated facility.  
(3) The requirements of 40 CFR part 264, subpart B, do not apply to remediation waste  
management sites, other than those sites that are located at facilities that are subject to the  
licensing requirements under part 111 and these rules because the facility is also treating,  
storing, or disposing of hazardous wastes that are not remediation wastes, provided that  
the owners or operators of the remediation waste management sites comply with the  
requirements of 40 CFR 264.1(j).  
(4) The provisions of 40 CFR part 264, subpart B, and 264.1(j) are adopted by  
reference in R 299.11003. For the purposes of this adoption, the words "regional  
administrator" replace the word "director" and the word "§264.101" replace the word  
"R 299.9629."  
R 299.9606 Preparedness and prevention.  
Rule 606. (1) Owners or operators of hazardous waste treatment, storage, and disposal  
facilities shall comply with the provisions of 40 CFR part 264, subpart C, regarding  
preparedness and prevention unless otherwise specified in this rule.  
(2) The requirements of 40 CFR part 264, subpart C, do not apply to remediation waste  
management sites, other than those sites that are located at facilities that are subject to the  
permitting or licensing requirements under part 111 and these rules because the facility is  
also treating, storing, or disposing of hazardous wastes that are not remediation wastes,  
provided that the owners or operators of the remediation waste management sites comply  
with the requirements of 40 CFR 264.1(j).  
(3) The provisions of 40 CFR part 264, subpart C, and 264.1(j) are adopted by  
reference in R 299.11003. For the purposes of this adoption, the word "§264.101"  
replaces by the word "R 299.9629."  
213  
R 299.9607 Contingency plan and emergency procedures.  
Rule 607. (1) Owners or operators of hazardous waste treatment, storage, and disposal  
facilities shall maintain a contingency plan for the facility and comply with  
40 CFR part 264, subpart D, regarding the plan and emergency procedures, unless  
otherwise specified in this rule.  
(2) If there is a fire, explosion, or other release of hazardous waste or hazardous waste  
constituents that could threaten human health or the environment, or if the owner or  
operator has knowledge that a spill has reached surface water or groundwater, then the  
owner or operator shall immediately notify the department's pollution emergency alerting  
system - telephone number 800-292-4706. The notification must include all the  
following information:  
(a) The name and telephone number of the person that is reporting the incident.  
(b) The name, address, telephone number, and site identification number of the facility.  
(c) The name, address, and telephone number of the owner or operator.  
(d) The date, time, and type of incident.  
(e) The name and quantity of the material or materials involved and released.  
(f) The extent of injuries, if any.  
(g) The estimated quantity and disposition of recovered material that resulted from the  
incident, if any.  
(h) An assessment of actual or potential hazards to human health or the environment.  
(i) The immediate response action taken.  
(3) The requirements of 40 CFR part 264, subpart D, do not apply to remediation waste  
management sites, other than those sites that are located at facilities that are subject to the  
licensing requirements under part 111 and these rules because the facility is also treating,  
storing, or disposing of hazardous wastes that are not remediation wastes, provided that  
the owners or operators of the remediation waste management sites comply with  
40 CFR 264.1(j).  
(4) The provisions of 40 CFR part 264, subpart D, and 264.1(j) (1) to (13) are adopted  
by reference in R 299.11003. For the purposes of the adoption by reference of  
40 CFR 264.52(b), the words "operating license" shall replace the words "RCRA permit."  
For the purposes of the adoption of 40 CFR 264.56(i) and 264.1(j), the word "director"  
replaces the words "regional administrator" and the word "R 299.9629" replaces the word  
"§264.101," respectively.  
R 299.9608 Use of manifest system.  
Rule 608. (1) If a facility receives hazardous waste accompanied by a manifest, then the  
owner or operator, or the owner or operator’s agent, shall comply with 40 CFR 264.71(a).  
(2) If a facility receives a bulk rail shipment of hazardous waste or a water (bulk  
shipment) of hazardous waste from a transporter that is accompanied by a shipping paper  
containing all the information required on the manifest, excluding the site identification  
numbers, generator's certification, and signatures, then the owner or operator, or the  
owner or operator's agent, shall comply with 40 CFR 264.71(b) and return a legible copy  
of the manifest to the director or the director’s designee within a period of 10 days after  
the end of the month in which the waste was received. If the generator state and the  
destination state are the same, the owner or operator, or the owner or operator’s agent,  
shall only submit 1 copy of the manifest to the director or the director’s designee.  
214  
(3) If a shipment of hazardous waste is initiated from a facility, then the owner or  
operator of that facility shall comply with the requirements of part 3 of these rules.  
(4) Within 3 working days after the receipt of a shipment subject to R 299.9314, the  
owner or operator shall provide a copy of the movement document bearing all required  
signatures to the exporter, to competent authorities of the countries of export and transit  
that control the shipment as an export and transit of hazardous waste, respectively, and to  
the EPA electronically using WIETS, or its successor system. The owner or operator  
shall maintain the original copy of the movement document at the facility for not less  
than 3 years from the date of signature. The owner or operator may satisfy this  
recordkeeping requirement by retaining electronically submitted documents in the  
facility’s account on WIETS or its successor program if copies are readily available for  
viewing and production if requested by the EPA or authorized state inspector. The owner  
or operator may not be held liable for the inability to produce the documents for  
inspection under this subrule if the inability to produce the document is due exclusively  
to technical difficulty with WIETS, or its successor system, for which the owner or  
operator bears no responsibility.  
(5) The owner or operator shall determine if the consignment state for a shipment  
regulates any additional wastes, beyond those regulated federally, as hazardous wastes  
under its state hazardous waste program. The owner or operator shall also determine if  
the consignment state or the generator state requires the owner or operator to submit any  
copies of the manifests to these states.  
(6) Electronic manifests that are obtained, completed, and transmitted in accordance  
with 40 CFR 262.20(a)(3) and used in accordance with this rule instead of paper  
manifests are the legal equivalent of paper manifests bearing handwritten signatures, and  
satisfy any requirement in these rules to obtain, complete, sign, provide, use, or retain a  
manifest as outlined in 40 CFR 264.71(f) and (k).  
(7) An owner or operator may participate in the electronic manifest system either by  
accessing the system from the owner or operator’s electronic equipment, or from portable  
equipment brought to the facility by the transporter that delivers the hazardous waste  
shipment, and by complying with 40 CFR 264.71(i).  
(8) If an owner or operator receives a hazardous waste shipment that is accompanied by  
a paper replacement manifest for a manifest that originated electronically, the owner or  
operator shall comply with 40 CFR 264.71(h).  
(9) An owner or operator that uses the electronic manifest system format may be  
assessed a user fee by the EPA for the origination or processing of each electronic  
manifest. An owner or operator may also be assessed a user fee by the EPA for the  
collection and processing of paper manifest copies that owners or operators are required  
to submit in accordance with 40 CFR 264.71(a)(2)(v). The EPA shall establish, publish,  
maintain, and update the user fees in accordance with 40 CFR 264.71(j).  
(10) Electronic manifest signatures must meet the criteria described in 40 CFR 262.25.  
(11) After an owner or operator has certified to the receipt of a hazardous waste by  
signing Item 20 of the manifest, any post-receipt data corrections must be made in  
accordance with 40 CFR 264.71(l).  
(12) Upon discovering a manifest discrepancy, as defined in 40 CFR 264.72(a),  
including a significant difference as defined in 40 CFR 264.72(b), the owner or operator  
shall comply with 40 CFR 264.72(c) to (g) and distribute copies of the manifest pursuant  
215  
to subrules (1) and (2) of this rule.  
(13) The requirements of this rule do not apply to owners or operators of off-site  
facilities with respect to waste military munitions exempted from manifesting  
requirements under R 299.9818.  
(14) Owners and operators shall comply with the manifest and fee requirements for the  
electronic hazardous waste manifest program that are established and administered by the  
EPA in accordance with 40 CFR 260.4 and 260.5 and part 264, subpart FF.  
(15) 40 CFR 260.4, 260.5, 264.71(a), (b), (f), and (h) to (l), and 264.72 are adopted by  
reference in R 299.11003. For the purposes of adoption, the term "site identification  
number" replaces the term "EPA identification number," the term "R 299.9207" replaces  
the term "§261.7(b)," and the term "R 299.9309(1)(a)" replaces the term "§262.20(a)."  
R 299.9609 Operating record; availability, retention, and disposition of records.  
Rule 609. (1) An owner or operator shall keep a written operating record at the owner  
or operator’s facility, or in an alternate location approved by the director or the director’s  
designee. The following information must be recorded as it becomes available and  
maintained in the operating record until closure of the facility:  
(a) The information required by the provisions of 40 CFR 264.73(b)(1) to (4), (6), (8),  
(10), (18), and (19), and 40 CFR part 264, appendix I.  
(b) Other records required to be maintained in the operating record by an operating  
license.  
(2) The information required by the provisions of 40 CFR 264.73(b)(5), (7), (9), and  
(11) to (17) must be recorded as it becomes available and maintained in the operator  
record in accordance with the time periods specified therein.  
(3) All records, including plans, required under this part must be furnished on request,  
and made available at all reasonable times for inspection, by any officer, employee, or  
representative of the department who is duly designated by the director.  
(4) The retention period for all records required under this part is extended  
automatically during the course of any unresolved enforcement action regarding the  
facility or as requested by the director or administrator.  
(5) A copy of records of waste disposal locations and quantities under subrule (1) of  
this rule must be submitted to the director, or the director’s designee, the regional  
administrator, and local land authority upon closure of the facility.  
(6) The provisions of 40 CFR 264.73 and part 264, appendix I, are adopted by reference  
in R 299.11003.  
R 299.9610 Reporting.  
Rule 610. (1) The owner or operator shall provide to the director or the director's  
designee the data necessary for the department to prepare and submit Michigan's  
hazardous waste report as required to the EPA. The owner or operator shall submit the  
data in a format specified by the director or the director's designee. The data must be  
acquired from the information required in parts 3 and 6 of the rules, the operating reports  
required in subrule (3) of this rule, other reporting mechanisms used by the director to  
obtain the information specified in 40 CFR 264.75, and by the EPA as part of a federal  
information collection request published in conjunction with 40 CFR 264.75.  
(2) If a facility accepts for treatment, storage, or disposal any hazardous waste from an  
216  
off-site source without an accompanying manifest or without an accompanying shipping  
paper as described in 40 CFR 263.20(e), and if the waste is not excluded from the  
manifest requirement by R 299.9304, then the owner or operator shall prepare and submit  
a single copy of a report to the director or the director’s designee, within 15 days after  
receiving the waste. The unmanifested waste report must be submitted on a form  
approved by the director. The report must be designated "Unmanifested Waste Report"  
and must include all the following information:  
(a) The site identification number, name, and address of the facility.  
(b) The date the facility received the waste.  
(c) The site identification number, name, and address of the generator and the  
transporter, if available.  
(d) A description and the quantity of each unmanifested hazardous waste and facility  
received.  
(e) The method of treatment, storage, or disposal for each hazardous waste.  
(f) The certification signed by the owner or operator of the facility or the owner or  
operator's authorized representative.  
(g) A brief explanation of why the waste was unmanifested, if known.  
(3) The owner or operator of a hazardous waste treatment or disposal facility on the site  
of generation shall submit an operating report to the director or the director’s designee,  
on forms provided by the director, that summarizes all managed hazardous wastes treated  
or disposed of, including the hazardous waste number of the wastes, quantity, method of  
treatment or disposal, and dates of treatment or disposal. The report must be submitted to  
the director within 10 days after the end of March, June, September, and December of  
each year, unless more frequent submissions are required by the director or the director’s  
designee.  
(4) All reports must be signed and certified pursuant to 40 CFR 270.11, which is  
adopted by reference in R 299.11003.  
(5) 40 CFR 263.20(e) is adopted by reference in R 299.11003.  
R 299.9611 Environmental monitoring.  
Rule 611. (1) An owner or operator of a hazardous waste treatment, storage, or  
disposal facility shall develop an environmental monitoring program that can detect a  
release of hazardous waste or hazardous waste constituents from the facility.  
(2) An owner or operator shall do all the following as part of the environmental  
monitoring program:  
(a) Prepare a sampling and analysis plan for each environmental monitoring program  
that includes all the following information:  
(i) A sampling location map.  
(ii) A sampling schedule.  
(iii) The parameters to be analyzed.  
(iv) The sampling equipment, well purging, and sample collection procedures.  
(v) The field measured parameters.  
(vi) The sampling preservation and handling techniques.  
(vii) The sampling analytical protocols.  
(viii) The field and laboratory quality assurance and quality control procedures.  
(ix) The chain of custody procedures.  
217  
(x) The decontamination procedures.  
(xi) The data analysis, including the statistical method used.  
(b) Conduct a groundwater monitoring program that complies with the requirements of  
R 299.9612, except as indicated in subrule (3) of this rule.  
(c) Conduct an ambient air monitoring program approved by the director or the  
director’s designee to detect violations of the provisions of part 55.  
(d) Conduct an annual soil monitoring program in areas subject to spills, such as  
loading and unloading areas, to detect hazardous wastes or hazardous waste constituents.  
(3) The director shall waive the groundwater monitoring requirements of R 299.9612 if  
either of the following conditions is met:  
(a) The facility is not a land disposal facility, and the owner or operator complies  
with 1 of the following provisions:  
(i) All treatment, storage, and waste handling activities take place inside or under a  
structure that provides protection from precipitation and runoff and the facility complies  
with the provisions of R 299.9604.  
(ii) The owner or operator demonstrates, to the director's satisfaction, that monitoring  
is not required.  
(iii) The owner or operator demonstrates, to the director's satisfaction, that a lesser  
degree of monitoring, or that alternate information regarding monitoring activities  
conducted in conjunction with response activity in the area of the hazardous waste  
management unit or units, can be utilized to demonstrate compliance with the provisions  
of part 111 and these rules.  
(b) The director finds that there is no potential for migration of liquid from the facility  
to the uppermost aquifer during the active life of the facility and the postclosure care  
period specified pursuant to the provisions of 40 CFR 264.117, which is adopted by  
reference in R 299.11003. The demonstration must be certified by a qualified geologist  
or geotechnical engineer. To provide an adequate margin of safety in the prediction of  
potential migration of liquid, the owner or operator shall base any predictions made  
pursuant to this subdivision on assumptions that maximize the rate of liquid migration.  
(4) The director shall waive the requirements of subrule (2)(c) and (d) of this rule if the  
owner or operator demonstrates that monitoring is not required or that a lesser degree of  
monitoring can be utilized to demonstrate compliance with the provisions of part 111 and  
these rules.  
(5) The director shall require more intensive or extensive monitoring programs if  
needed to demonstrate compliance with the provisions of part 111 or these rules.  
(6) An owner or operator shall provide all environmental monitoring data to the director  
in electronic form within 60 days of the date of completion of the sampling or collection  
event, unless otherwise approved by the director.  
R 299.9612 Groundwater monitoring.  
Rule 612. (1) Owners or operators of facilities that treat, store, or dispose of hazardous  
waste shall comply with the requirements of R 299.9629 and 40 CFR part 264, subpart F,  
excluding 264.94(a)(2) and (3), 264.94(b) and (c), 264.100, and 264.101 and except as  
follows:  
(a) The director may, in the facility operating license, extend the point of compliance  
into groundwaters other than the uppermost aquifer.  
218  
(b) In addition to wells required by 40 CFR part 264, subpart F, the owner or operator  
shall install wells at appropriate locations and depths to yield groundwater from any  
saturated zone other than the uppermost aquifer if the sampling will provide an earlier  
warning of failure from a hazardous waste management unit. All wells installed to  
monitor or evaluate groundwater must be constructed and abandoned in accordance with  
the well installation and well decommissioning procedures in ASTM standards D5092-04  
and D5299-14, or a plan approved by the director.  
(c) The director may require sampling and analysis for secondary monitoring  
parameters at frequencies specified in the facility operating license. If the owner or  
operator determines that there is a statistically significant increase in 1 or more secondary  
monitoring parameters, then the owner or operator shall do all the following:  
(i) Notify the director or the director’s designee of the finding immediately.  
(ii) Conduct verification sampling for both primary and secondary monitoring  
parameters, taking replicate measurements on each sample at each well in accordance  
with a plan approved by the director.  
(iii) Redetermine if a statistically significant increase has occurred in either primary or  
secondary monitoring parameters and immediately notify the director or the director’s  
designee of the results.  
(d) The concentration limit of a hazardous constituent established under  
40 CFR 264.94(a) must not exceed the background level of that constituent in  
groundwater, unless a concentration limit which is not less stringent than that allowed  
under RCRA has been established under part 31 or 201.  
(e) To determine whether background values or concentration limits have been  
exceeded pursuant to 40 CFR 264.97(h), the owner or operator shall use a statistical test  
approved by the director in the facility operating license and determine if the difference  
between the mean of the constituent at each well, using all replicates taken, and either of  
the following is significant:  
(i) The background value of the constituent as defined in the operating license.  
(ii) The mean value of 1 year's initial sampling for the well itself where the 1-year  
period is specified by the director in the facility operating license.  
(f) The director may require compliance monitoring and corrective action under  
40 CFR 264.99; R 299.9629; part 31; and part 201, to be conducted under a consent  
agreement or other legally binding agreement rather than under an operating license.  
(g) Nothing in 40 CFR part 264, subpart F, or this rule restricts the director from taking  
action pursuant to section 11148 or 11151 of the act, MCL 324.11148 and 324.11151.  
(h) The owner or operator has been granted a waiver by the director under  
R 299.9611(3).  
(2) 40 CFR part 264, subpart F and 40 CFR part 264, appendix IX, excluding  
264.94(a)(2) and (3), 264.94(b) and (c), 264.100, and 264.101, are adopted by reference  
in R 299.11003. For the purposes of adoption, the term "director" replaces the terms  
"regional administrator" or "administrator," the term "department" replaces the term  
"agency," the term "part 1 of these rules" replaces the term "§270.1(c)(7)," the term  
"R 299.9612 and R 299.9629" replaces the term "§§264.91 through 264.100," and the  
term "operating license" replaces the term "permit."  
R 299.9613 Closure and postclosure.  
219  
Rule 613. (1) The owner or operator of a hazardous waste treatment, storage, or  
disposal facility shall comply with the closure and postclosure provisions of  
40 CFR part 264, subpart G, except 40 CFR 264.112(d)(1), 264.115, and 264.120.  
(2) The owner or operator shall notify the director, in writing, not less than 60 days  
before the date on which the owner or operator expects to begin partial or final closure of  
any or all hazardous waste management units at the treatment, storage, or disposal  
facility. A copy of the current or updated partial or final closure plan for the hazardous  
waste management unit or units that are being closed must accompany the notification.  
(3) Within 60 days after completion of closure of each hazardous waste management  
unit at a facility, and within 60 days after the completion of final closure, the owner or  
operator shall submit, to the director, by registered mail, a certification that the hazardous  
waste management unit or facility, as applicable, has been closed in accordance with the  
specifications in the approved closure plan. The certification must be signed by the  
owner or operator and by an independent registered professional engineer and include all  
the following supporting documentation:  
(a) The results of all sampling and analysis.  
(b) Sampling and analysis procedures.  
(c) A map showing the location where samples were obtained.  
(d) Any statistical evaluations of sampling data.  
(e) A summary of waste types and quantities removed from the site and the destination  
of these wastes.  
(f) If soil has been excavated, the final depth and elevation of the excavation and a  
description of the fill material used.  
(4) Any documentation not listed in subrule (3) of this rule that supports the  
independent registered professional engineer's certification must be furnished to the  
director on request until the director releases the owner or operator from the financial  
assurance requirements for closure pursuant to the provisions of R 299.9703.  
(5) Not later than 60 days after completion of the established postclosure care period  
for each hazardous waste disposal unit, the owner or operator shall submit, to the  
director, by registered mail, a certification that the postclosure care period for the  
hazardous waste disposal unit was performed in accordance with the specifications in the  
approved postclosure plan. The certification must be signed by the owner or operator and  
an independent registered professional engineer. Documentation supporting the  
independent registered professional engineer's certification must be furnished to the  
director on request until the director releases the owner or operator from the financial  
requirements for postclosure pursuant to the provisions of R 299.9703.  
(6) The environmental protection standards established pursuant to the provisions of  
part 201 must be used to perform closure and postclosure of a facility under part 111 if  
the limits are not less stringent than those allowed pursuant to the provisions of RCRA.  
(7) The provisions of 40 CFR part 264, subpart G, except 40 CFR 264.112(d)(1),  
264.115, and 264.120, are adopted by reference in R 299.11003. For the purposes of this  
adoption, the word "director" replaces the words "regional administrator" and the words  
"R 299.9703(8) and R 299.9710(17)" replace the word "40 C.F.R. §264.140(d).  
R 299.9614 Use and management of containers.  
Rule 614. (1) Owners or operators of all hazardous waste facilities that store containers  
220  
of hazardous waste shall do both of the following:  
(a) Comply with all requirements of 40 CFR part 264, subpart I. If the owner or  
operator is unable to comply with 40 CFR 264.176 or the authority having jurisdiction  
determines that an alternative to the requirements of 40 CFR 264.176 is more protective  
of human health and the environment, then compliance with 40 CFR 264.176 is  
considered achieved by meeting the requirements of the fire prevention code and its rules.  
A copy of an approval letter indicating that the containers are stored in compliance with  
the fire prevention code and signed by the authority having jurisdiction must be  
maintained at the facility.  
(b) Ensure that each container is labeled or marked clearly with the words "Hazardous  
Waste" and the hazardous waste number.  
(2) The provisions of 40 CFR part 264, subpart I, are adopted by reference in  
R 299.11003.  
R 299.9615 Tank systems.  
Rule 615. (1) Owners or operators that use existing or new tank systems, whether  
aboveground, in-ground, on-ground, or underground tanks, to treat or store hazardous  
waste shall comply with all the requirements of 40 CFR part 264, subpart J, except as  
provided in subrule (4) of this rule, and ensure the tank systems are not unfit for use.  
(2) Owners or operators of tank systems that do not comply with the containment  
requirements of 40 CFR 264.193(b) to (f) shall do all the following until either the tank  
system is brought into compliance with the standards of 40 CFR 264.193(a) or until a  
variance is obtained as provided by 40 CFR 264.193(h):  
(a) Ensure that aboveground tank systems that are used for the treatment or storage of  
liquid hazardous wastes, or hazardous wastes that could generate free liquids during  
storage, are located in areas which are paved, diked, curbed, or otherwise structurally  
enclosed so as to be able to contain not less than 100% of the largest tank system within  
the enclosed area. Where the hazardous wastes that are stored are incompatible with the  
materials of construction of tank systems within the enclosed area, or where the tank  
systems are interconnected so that a loss from one tank system may lead to losses in other  
tank systems, the owner or operator shall ensure that all tank systems are structurally  
enclosed so as to be able to contain not less than 100% of the liquid portion of the  
material being stored in all tank systems.  
(b) For underground tank systems that are used for the treatment or storage of liquid  
hazardous wastes, or hazardous wastes that could generate free liquids, do all the  
following:  
(i) Provide adequate secondary containment and a leachate collection and withdrawal  
system to contain any release of hazardous wastes or hazardous waste constituents from  
the tank system.  
(ii) Conduct a complete inventory of hazardous wastes in the tank system not less than  
twice a month.  
(iii) Conduct leachate sampling and analysis not less than once a year. If the  
inventories required pursuant to paragraph (ii) of this subdivision indicate a loss of waste,  
leachate sampling and analysis be performed within 24 hours of the discovery of the loss.  
(3) All tank systems that are put into service after July 14, 1986, or that are upgraded  
pursuant to the provisions of 40 CFR 264.193 must be assessed by a corrosion expert in  
221  
accordance with the provisions of 40 CFR 264.192(a)(3) and provided with the necessary  
corrosion protection as determined pursuant to the assessment.  
(4) All tank systems must be designed, constructed, operated, and maintained in  
compliance with the requirements of act 207.  
(5) Owners or operators shall label tank systems in accordance with the provisions of  
NFPA standard no. 704.  
(6) The director may waive the interim secondary containment requirements of  
subrule (2) of this rule for wastewater treatment units and elementary neutralization units  
based upon an assessment of the hydrogeological aspects of the site with respect to the  
provisions of part 31, the nature and volume of the waste treated or stored, and the  
location and nature of the facility.  
(7) NFPA standard no. 704 is adopted by reference in R 299.11002. The provisions of  
40 CFR part 264, subpart J, are adopted by reference in R 299.11003. For the purposes  
of this adoption, the word "director" replaces the words "regional administrator" and  
"administrator" and the words "operating license application" replace the words "part B."  
R 299.9616 Surface impoundments.  
Rule 616. (1) Owners or operators of facilities that use surface impoundments to treat  
or store hazardous waste shall comply with the requirements of 40 CFR part 264,  
subpart K, except 40 CFR 264.221(f). For new surface impoundments or replacements or  
lateral expansions of an existing portion of a surface impoundment or existing surface  
impoundments where liners are constructed of materials that might allow wastes to  
migrate into the liner, such as compacted clay, the liner must, at a minimum, be  
constructed in accordance with the standards for clay liners contained in R 299.9620(2)  
and be designed, constructed, and installed to prevent any migration of wastes out of the  
impoundment to the adjacent subsurface soil, groundwater, or surface water at any time  
during the active life, including the closure period, of the impoundment.  
(2) New surface impoundments or replacements or lateral expansions of an existing  
portion of a surface impoundment or existing surface impoundments must contain a leak  
detection, containment, and removal system designed, constructed, operated, and  
maintained in accordance with R 299.9622, unless exempted under that rule.  
(3) The owner or operator of an existing surface impoundment shall not close the  
impoundment as a landfill in accordance with the provisions of 40 CFR 264.228 unless  
both of the following provisions are complied with:  
(a) The site of the surface impoundment meets the location standards of R 299.9603 or  
can be engineered to meet these standards.  
(b) The director does either of the following:  
(i) Determines that all contaminated subsoils cannot be practicably removed.  
(ii) Issues an operating license for a facility alteration.  
(4) The provisions of 40 CFR part 264, subpart K, except 40 CFR 264.221(f), are  
adopted by reference in R 299.11003.  
R 299.9617 Waste piles.  
Rule 617. (1) Owners or operators of facilities that store or treat hazardous waste in  
piles shall comply with the provisions of 40 CFR part 264, subpart L, except  
40 CFR 264.251(f). Where liners are constructed of materials that might allow waste to  
222  
migrate into the liner, such as compacted clay, the liner must be constructed in  
accordance with the standards for clay liners contained in R 299.9620(2).  
(2) New waste piles must contain a leak detection, containment, and removal system  
designed, constructed, maintained, and operated in accordance with R 299.9622, unless  
exempted under that rule.  
(3) The provisions of 40 CFR part 264, subpart L, except 40 CFR 264.251(f), are  
adopted by reference in R 299.11003.  
R 299.9618 Land treatment.  
Rule 618. (1) Owners or operators of facilities that treat or dispose of hazardous waste  
in land treatment units shall comply with all requirements of 40 CFR part 264, subpart M,  
including requirements for food chain crops if applicable.  
(2) The provisions of 40 CFR part 264, subpart M, are incorporated by reference in  
R 299.11003.  
R 299.9619 Landfills.  
Rule 619. (1) Owners or operators of facilities that use landfills to dispose of  
hazardous waste shall comply with the design and operating requirements of  
40 CFR part 264, subpart N, except 40 CFR 264.301(f).  
(2) In addition to the liner system requirements of 40 CFR 264.301, the owner or  
operator of a landfill shall design the liner system to meet the requirements of  
R 299.9620.  
(3) All landfills must contain a leak detection, collection, and removal system beneath  
the liner system that is designed, constructed, operated, and maintained pursuant to  
R 299.9622, unless the landfill is exempted pursuant to R 299.9622.  
(4) In addition to the requirements of 40 CFR 264.301(a), the leachate collection and  
removal system must include all the following:  
(a) Not less than 30 centimeters of granular material that has a permeability of  
1 x 10-2 centimeters per second or greater, as determined by ASTM standard  
no. D2434-68, or a layer of geosynthetic drainage materials with a transmissivity of  
3 x 10-5 meters squared per second or greater covered by a minimum of 30 centimeters of  
a protective layer of granular material with a permeability of 1 x 10-3 centimeters per  
second or greater, as determined by ASTM standard no. D2434-68.  
(b) Either of the following:  
(i) Provisions for discharging the leachate directly to a wastewater treatment unit.  
(ii) Provisions for storing the quantity of leachate that is expected to be generated  
from all cells during a 24-hour, 100-year storm.  
(c) Leachate sumps that have all the following:  
(i) A volume that can properly maintain a leachate head of no more than  
30 centimeters, 12 inches, on the liner.  
(ii) A leachate removal system to remove liquid from the sump.  
(iii) A device for continuously monitoring the quantity of leachate in the sump and  
removed from the landfill.  
(5) The director may approve alternate design or operating practices to those specified  
in subrule (4) of this rule if the owner or operator demonstrates to the director that the  
design and operating practices, together with location characteristics, comply with both  
223  
of the following requirements:  
(a) The alternate design and operating practices must prevent the migration of any  
hazardous constituent into the groundwater or surface water not less than as effectively as  
the leachate collection and removal systems specified in subrule (4) of this rule.  
(b) The alternate design and operating practices must allow the detection of leaks of  
hazardous constituents through the top liner not less than as effectively as the leachate  
collection and removal systems specified in subrule (4) of this rule.  
(6) In addition to the closure and postclosure care requirements of 40 CFR 264.310, the  
owner or operator of a landfill shall do all the following with respect to closure and  
postclosure care:  
(a) Close the facility so that the final cover includes all the following unless the owner  
or operator substitutes an equivalent design that includes a flexible membrane liner  
component with a minimum thickness of 1 millimeter, 40 mil, depending on the type of  
material selected, and demonstrates to the director that it provides equivalent  
environmental protection:  
(i) Compacted clay that complies with the requirements of R 299.9620(3) and is not  
less than 90 centimeters thick.  
(ii) A flexible membrane liner must be placed directly over the compacted clay layer  
required pursuant to paragraph (i) of this subdivision.  
(iii) Not less than 60 centimeters of additional material, such as topsoil, subsurface  
drainage media, or cobbles to prevent animal burrowing. The additional material must be  
applied in a manner that protects the clay and any synthetic component from the effects  
of temperature, erosion, and rooted vegetation. For temperature protection, the additional  
material thickness must equal not less than 60 centimeters or the maximum depth of frost  
penetration, whichever is greater. In order to provide a minimum base for root  
penetration, the top component of the additional material must consist of not less than  
15 centimeters of topsoil.  
(iv) Slopes of the barrier layer, the drainage layer, and the top of the cover system  
must not be less than 4% at any location.  
(b) Establish shallow rooted grasses at the earliest possible time and maintain the  
vegetation or use other erosion control measures to stabilize the cap and prevent erosion.  
Erosion must be limited to not more than 2 tons per acre per year based on the universal  
soil loss equation.  
(c) Establish a venting system to prevent the accumulations of gas. The venting  
system must be installed in a manner that does not adversely affect the permeability of  
the cap and, if required pursuant to part 55, gas emissions must be monitored, collected,  
and treated. The director shall exempt the owner or operator from this requirement if the  
owner or operator demonstrates that gas will not be generated in the landfill.  
(7) The director may approve alternative designs and maintenance practices to those  
specified in subrule (6) of this rule for beneficial uses of closed landfills if the owner or  
operator demonstrates to the director that the designs and maintenance practices for the  
landfill cover system will provide equivalent environmental protection.  
(8) The provisions of 40 CFR part 264, subpart N, except 40 CFR 264.301(f), are  
adopted by reference in R 299.11003. For the purposes of this adoption, the word  
"director" replaces the words "regional administrator."  
224  
R 299.9620 Liner requirements for landfills, surface impoundments, and waste piles.  
Rule 620. (1) A liner system must be located, designed, constructed, and operated so  
that there is no direct contact between the liners and groundwater in a saturated zone and  
moisture content would not adversely affect the structural and containment integrity of  
the liners.  
(2) The primary liner for a landfill must be a composite liner. The composite liner must  
be designed to have a flexible membrane liner meeting the requirements of 40 CFR 264,  
subpart N, directly over compacted clay which is a minimum of 150 centimeters thick  
and meets the requirements of subrule (3) of this rule.  
(3) A compacted clay liner that is designed to meet the requirements of  
40 CFR 264.221, 264.251, and 264.301, which are adopted by reference in R 299.11003,  
or R 299.9619 must meet all the following requirements for that clay liner:  
(a) Comply with the criteria for a unified soil classification of CL or CH as determined  
by the provisions of ASTM standard D2487-11.  
(b) Have more than 25% of the soil particles be less than 5 microns in size.  
(c) Be placed in horizontal lifts of not more than 25 centimeters and be uniformly and  
thoroughly compacted to the standards approved in the design. The lift thickness must  
not be more than 25 centimeters, 6 inches after compaction. However, the material must  
not be compacted to less than 90% of the maximum dry density, as determined by the  
modified proctor test described in the provisions of ASTM standard D1557-12, or 95% of  
the maximum dry density, as determined by the standard proctor test described in the  
provisions of ASTM standard D698-12, which are adopted by reference in R 299.11001,  
and the moisture content must be within a range of -2% to +5% of the optimum moisture  
content.  
(d) Have a maximum permeability coefficient of 1.0 x 10-7 centimeters per second or  
less at all points.  
(4) The waste pile or landfill base floor must be graded to a minimum slope of 2% in  
directions perpendicular to the leachate collection pipes to promote drainage. The  
leachate pipes must be laid on a slope of 1% or more in a direction to intercept liquid  
flow. The director may approve an alternate design to those specified in this subrule if  
the owner or operator demonstrates to the director that the design, together with location  
characteristics, complies with both of the following requirements:  
(a) The alternate design will prevent the migration of any hazardous constituent into  
the groundwater or surface water not less than as effectively the design requirements  
specified in this subrule.  
(b) The alternate design will allow the detection of leaks of hazardous constituents  
through the top liner not less than as effectively as the design requirements specified in  
this rule.  
(5) Liner systems and leachate collection systems must be designed to prevent the  
damage of the materials of both systems in the event of differential settlement of the  
foundation under worst case conditions.  
R 299.9621 Quality control for landfills, surface impoundments, and waste piles.  
Rule 621. (1) Owners or operators of landfills, surface impoundments, and waste piles  
shall conduct a quality control program during construction that ensures all the following:  
(a) That the natural clay base meets or exceeds the thickness and permeability  
225  
requirements of R 299.9603(5), by doing either of the following:  
(i) Obtaining soil borings and determining the natural moisture content as determined by  
ASTM standard D2216-10; grain size distribution, sieve and hydrometer, as determined by  
ASTM standards D6913-04 and D7928-16; classification by the unified soil classification  
system as determined by ASTM standard D2487-11; Atterburg limits of the soil as  
determined by ASTM standard D4318-10 at varying depths every 100 feet; and the  
permeability of an undisturbed sample every 200 feet as determined by  
ASTM standard D5084-10.  
(ii) Utilizing resistivity surveys to replace or supplement borings specified in  
paragraph (i) of this subdivision. The resistivity surveys must employ an electrode  
spacing to give an effective depth of penetration. A sufficient number of stations must be  
used to ensure that complete coverage to the edge of the waste management area is  
provided and correlation with borings or wells is obtained.  
(b) That the natural clay base provides an adequate sub-base for overlying liners and  
leachate collection and removal systems, by evaluating the subgrade conditions for  
stability and correcting wet or unstable areas.  
(c) That compacted clay liners meet or exceed the requirements of R 299.9620(2), by  
doing all the following:  
(i) Constructing the liner so that the bottom liner and the side wall liner, dike, will be  
continuous and completely keyed together at all construction joints.  
(ii) During winter construction, removing all ice and snow before placing the liner and  
not using frozen soil in any part of liner.  
(iii) Determining the field density-moisture of the liner material by utilizing the  
provisions of ASTM standard D6938-15 for each 1,000 cubic yards placed, with a  
minimum of 1 test per day of construction or layer of clay placed.  
(iv) Determining the particle size distribution, sieve and hydrometer, according to  
ASTM standards D6913-04 and D7928-16, Atterburg limits according to  
ASTM standard D4318-10, and natural moisture content according to  
ASTM standard D2216-10 of random samples of liner material from each 5,000 cubic  
yards of material placed.  
(v) Redetermining the density of liner materials by the modified proctor test,  
ASTM standard D1557-12, when the texture of the soil changes and every 5,000 cubic yards  
placed.  
(vi) Determining the permeability with water of a soil sample every 10,000 cubic  
yards placed by using ASTM standard D5084-10, which is adopted by reference in  
R 299.11001, or other method approved by the director on a sample that is not less than  
2.8 inches in diameter.  
(vii) Verifying liner thickness and subgrade slope by a final elevation check to ensure  
that all the following requirements are met:  
(A) The final elevation must be within plus or minus 0.2 feet of the approved plans.  
(B) The slope reduction of the subgrade must not be greater than 10% of the approved  
slopes.  
(C) The final clay liner thickness must not be less than the approved thickness at any  
point.  
(d) The synthetic liners are properly installed, by doing all the following:  
(i) Properly preparing the foundation for the liner by doing all the following:  
226  
(A) Compacting to the requirements of R 299.9620.  
(B) Grading the foundation to a smooth and true line.  
(C) Grading consistent with approved plans.  
(D) Grading the foundation to be free from stones or deleterious material.  
(E) Removing any vegetation from the foundation before installation of the liner.  
(ii) Ensuring that field seaming is done under the direction of a registered professional  
engineer and when weather conditions are favorable for installation.  
(iii) Ensuring that field seams, joints, and mechanical seals are properly made by  
wiping contact surfaces clean of dirt, dust, moisture, or other foreign material, ensuring  
that seaming is done in accordance with manufacturer specifications and testing all field  
seams by nondestructive tests approved by the director.  
(iv) Recording the ambient temperature and liner temperature hourly during liner  
installation or field seaming.  
(e) That leachate collection and leak detection, collection, and removal systems are  
installed so that the requirements of this rule are met, by doing both of the following:  
(i) Making elevation checks not less than every 200 feet to verify the appropriate  
thickness of granular material.  
(ii) Sampling randomly not less than every 5,000 cubic yards placed to verify the  
required aggregate classification.  
(2) The quality control program required by subrule (1) of this rule must be  
documented by written daily records of all work and tests performed during construction.  
All daily records must be maintained in the operating record for the facility and available  
for inspection by the director or the director’s authorized representative.  
(3) ASTM standards D2216-10, D2487-11, D1557-12, D2434-68, D4318-10, D5084-  
10, D6913-04, and D7928-16 are adopted by reference in R 299.11001.  
R 299.9622 Leak detection systems.  
Rule 622. (1) Each new unit and lateral expansion or replacement of an existing unit at  
a landfill, surface impoundment, waste pile, or land treatment facility must include a leak  
detection system capable of detecting, collecting, and removing leaks of hazardous  
constituents at the earliest practicable time.  
(2) If contamination is detected in the leak detection system required by this rule, the  
owner or operator shall do all the following:  
(a) Immediately notify the director or the director’s designee.  
(b) Within 30 days, determine what failures have occurred in the liner system.  
(c) If failures have occurred, do either of the following on a schedule that ensures the  
protection of human health and the environment:  
(i) Repair the failures in the liner system and obtain the certification of a registered  
professional engineer that, to the best of the professional engineer’s knowledge and  
opinion, the failure has been corrected.  
(ii) Cease placing waste in the failed unit and take action to prevent the migration of  
hazardous waste and hazardous waste constituents from the facility.  
(3) The director shall grant an exemption from the requirements for a leak detection  
system if the owner or operator satisfies the waiver requirements for 2 liners and a leachate  
collection system between the liners established under the provisions of  
40 CFR part 264.301.  
227  
R 299.9623 Incinerators.  
Rule 623. (1) Owners and operators of facilities that incinerate hazardous waste shall  
comply with all requirements of this rule, except as subrule (2) of this rule provides  
otherwise. The following facility owners or operators are considered to incinerate  
hazardous waste:  
(a) Owners or operators of hazardous waste incinerators as defined in R 299.9104.  
(b) Owners or operators that burn hazardous waste in boilers or in industrial furnaces  
to destroy the wastes.  
(2) Except as noted in this subrule and subrule (3) of this rule, part 6 of the rules does  
not apply to owners and operators of new hazardous waste incinerators that become  
subject to the license requirements of these rules after October 12, 2005, or to owners or  
operators of existing facilities that incinerate hazardous waste if the owner or operator  
demonstrates compliance with the air emission standards and limitations in  
40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and  
submitting to the director a notification of compliance under 40 CFR 63.1207(j) and  
63.1210(d) that documents compliance with the requirements of 40 CFR part 63,  
subpart EEE. Nevertheless, even after this compliance demonstration is made, the  
operating license conditions that are based on the standards of part 6 of the rules will  
continue to be in effect until they are removed from the operating license or the operating  
license is terminated or revoked, unless the operating license expressly provides  
otherwise. The director may apply this subrule and subrule (3) of this rule, on a  
case-by-case basis, for collecting information pursuant to R 299.9504(18) and (20) and  
R 299.9521(3)(b) and (c).  
(3) The maximum achievable control technology standards of 40 CFR part 63,  
subpart EEE, do not supersede any of the following requirements:  
(a) R 299.9601, R 299.9605 to R 299.9610, R 299.9612, R 299.9613, R 299.9630,  
R 299.9631, and part 7 of these rules.  
(b) The particulate matter standard of 40 CFR 264.343(c) if the owner or operator  
elects to comply with the alternative to the particulate standard of 40 CFR 63.1206(b)(14)  
and 63.1219(e).  
(c) The following requirements remain in effect for startup, shutdown, and malfunction  
events even if a person elects to comply with 40 CFR 270.235(a)(1)(i) to minimize  
emissions of toxic compounds from these events:  
(i) The requirements of 40 CFR 264.345(a) that require that an incinerator operate  
pursuant to the operating requirements specified in the operating license.  
(ii) The requirements of 40 CFR 264.345(c) that require compliance with the emission  
standards and operating requirements during startup and shutdown if hazardous waste is  
in the combustion chamber, except for particular hazardous wastes.  
(4) Owners and operators of facilities that incinerate hazardous waste shall comply with  
40 CFR part 264, subpart O, except 40 CFR 264.340(a) to (d) and 264.344(a)(2) and (b).  
(5) The owner or operator of a hazardous waste incinerator shall burn only wastes  
specified in the owner or operator’s operating license and only under operating conditions  
specified for those wastes under this rule, except in approved trial burns or trial  
operations. Other hazardous wastes may be burned only after operating conditions have  
been specified in an operating license. Operating requirements for new wastes may be  
228  
based on either trial burn results or alternative data included with the operating license  
application.  
(6) The operating license for a new incinerator or the expansion, enlargement, or  
alteration of an existing incinerator must establish appropriate conditions for each of the  
applicable requirements of this part, including, but not limited to, allowable waste feeds  
and operating conditions necessary to meet the requirements of 40 CFR 264.345 and  
sufficient to comply with 40 CFR 264.344(c)(1) and (2) for the period before and during  
the trial burn.  
(7) The director may require trial operation of an incinerator and the submittal of a trial  
operations plan containing the information specified in 40 CFR 270.62(b)(2) under the  
following circumstances:  
(a) Before the renewal of an incinerator's operating license under part 111.  
(b) Before the licensing of an incinerator newly subjected to the license requirements  
of part 111 and these rules.  
(c) Before the approval of new waste types through an operating license modification.  
(d) The director has evidence that an incinerator may be emitting hazardous  
constituents in quantities that violate part 55 or these rules.  
(8) The requirements of 40 CFR 270.62(a) to (d) apply to facilities incinerating  
hazardous waste, except as otherwise provided in these rules.  
(9) An incinerator burning hazardous waste must be designed, constructed, and  
maintained so that it complies with part 55.  
(10) The director may, in addition, specify 1 or more principal organic hazardous  
constituents from the lists of hazardous waste or hazardous constituents contained in  
tables 201 to 206 of these rules.  
(11) The provisions of 40 CFR part 63, subpart EEE; 40 CFR part 261, appendix VIII;  
40 CFR part 264, subpart O, except 40 CFR 264.340(a) to (d) and 264.344(a)(2) and (b);  
and 40 CFR 270.62(a) to (d) and 270.235(a)(1)(i), are adopted by reference in  
R 299.11003. For the purposes of this adoption, the references to "§124.10" are replaced  
with "R 299.9511," "270.19" is replaced with "R 299.9504," "§270.42" is replaced with  
"R 299.9519," and the word "permit" is replaced with "operating license."  
R 299.9628 Requirements for miscellaneous units.  
Rule 628. (1) An owner or operator of a facility that treats, stores, or disposes of  
hazardous waste in miscellaneous units shall comply with the provisions of  
40 CFR part 264, subpart X.  
(2) Treatment of hazardous waste must not be allowed in an underground mine or cave.  
(3) In addition to the requirements of 40 CFR part 264, subpart X, and all other  
applicable requirements of these rules, an owner or operator of a facility that stores or  
disposes of hazardous waste in an underground mine or cave shall design, operate, and  
maintain the facility throughout its active life and after closure to ensure all the  
following:  
(a) Management of water so as to maintain the integrity of the mine or cave and protect  
human health and the environment.  
(b) Proper transportation of waste from any surface operation to the final disposal or  
storage area in the mine or cave so as to prevent the release of a hazardous waste or  
hazardous waste constituent.  
229  
(c) Development of a waste placement map and maintenance of a daily log identifying  
waste placement locations and correlating those waste placement locations to surface  
property boundaries.  
(d) That the mine or cave is not penetrated by drilling or otherwise adversely impacted  
by off-site activities.  
(4) The provisions of 40 CFR part 264, subpart X, are adopted by reference in  
R 299.11003.  
R 299.9629 Corrective action.  
Rule 629. (1) Owners or operators of facilities that treat, store, or dispose of hazardous  
waste shall conduct corrective action as necessary to protect the public health, safety,  
welfare, and the environment pursuant to a corrective action program approved by the  
director, unless otherwise specified in this rule. The corrective action program must be  
conducted as follows:  
(a) Owners or operators of facilities that apply for, or have been issued, an operating  
license pursuant to part 111 shall institute corrective action for all releases of a  
contaminant from any waste management units at the facility, regardless of when the  
contaminant may have been placed in or released from the waste management unit.  
(b) Owners or operators of facilities that are not included in subdivision (a) of this  
subrule and for which the owner or operator, or both, is or was subject to the interim  
status requirements defined in RCRA, except for facilities that have received formal  
written approval of the withdrawal of their EPA part A hazardous waste permit  
application from the director or the EPA, shall institute corrective action for all releases  
of hazardous waste from the facility, regardless of when the hazardous waste may have  
been placed in or released from the facility.  
(2) Owners or operators shall implement corrective action beyond the facility boundary  
if the releases referenced in subrule (1) of this rule have or may have migrated, or  
otherwise have or may have been emitted, beyond the facility boundary, unless the owner  
or operator demonstrates, to the satisfaction of the director, that, despite the owner's or  
operator's best efforts, the owner or operator is unable to obtain the necessary  
permissions to undertake the actions. The owner or operator shall not be relieved of all  
responsibility to clean up a release that has migrated or been emitted beyond the facility  
boundary where offsite access is denied. Onsite measures to address the releases must be  
determined on a case-by-case basis. Assurances of financial responsibility for corrective  
action must be provided.  
(3) The owners or operators that are required to establish a corrective action program  
pursuant to part 111 and these rules shall, at a minimum, do the following, as applicable:  
(a) For facilities that are specified in subrule (1)(a) of this rule, the owner or operator,  
or both, shall take corrective action to ensure compliance with the groundwater protection  
standards, and, if necessary, other applicable environmental protection standards,  
established by the director. The director shall specify in an operating license, postclosure  
operating license, consent order, or other order, pursuant to this rule and R 299.9635 and  
R 299.9636, schedules of compliance for corrective action and assurances of financial  
responsibility for completing the corrective action and other requirements, including, any  
of the following:  
(i) A list of the hazardous wastes and hazardous constituents. The list of hazardous  
230  
constituents is identified pursuant to 40 CFR 264.93.  
(ii) The groundwater protection standards that are expressed as concentration limits  
that are established pursuant to R 299.9612(1)(d) or as concentration limits established  
pursuant to part 31 or part 201, if the limits are not less stringent than allowed pursuant to  
RCRA.  
(iii) The environmental protection standards that are necessary for the cleanup and  
protection of soil, surface water, sediments, and ambient and indoor air that are  
established pursuant to part 201 on the effective date of these rules if the limits are not  
less stringent than allowed pursuant to RCRA.  
(iv) The compliance point or points at which the standards apply and at which  
monitoring must be conducted, which for groundwater are specified pursuant to  
40 CFR 264.95.  
(v) The compliance period, which for groundwater is specified pursuant to  
40 CFR 264.96.  
(vi) The restoration and mitigation measures that are necessary to mitigate damage to  
the natural resources of the state, including wildlife, fish, wetlands, or other ecosystems.  
(b) For facilities that are specified in subrule (1)(b) of this rule, the owner or operator,  
or both, shall take corrective action to ensure compliance with the groundwater protection  
standards, and, if necessary, other applicable environmental protection standards,  
established by the director. The director shall specify in a consent order or other order,  
pursuant to this rule, R 299.9635, and R 299.9636, schedules of compliance for corrective  
action and assurances of financial responsibility for completing the corrective action and  
other requirements, including any of the following:  
(i) A list of the hazardous wastes and hazardous waste constituents.  
(ii) The groundwater protection standards that are expressed as concentration limits  
that are established pursuant to part 31 or part 201 if the limits are not less stringent than  
allowed pursuant to RCRA.  
(iii) The environmental protection standards which are necessary for the cleanup and  
protection of soil, surface water, sediments, and ambient and indoor air that are  
established pursuant to part 201 on the effective date of these rules if the limits are not  
less stringent than allowed pursuant to RCRA.  
(iv) The compliance point or points at which the standards apply and at which  
monitoring must be conducted.  
(v) The compliance period.  
(vi) The restoration and mitigation measures that are necessary to mitigate damage to  
the natural resources of the state, including wildlife, fish, wetlands, or other ecosystems.  
(4) The owner or operator shall implement a corrective action program that prevents  
contaminants, hazardous wastes, or hazardous waste constituents, as provided for in  
subrule (1) of this rule, from exceeding their respective protection standards or  
concentration limits at the compliance point by removing the contaminants, hazardous  
wastes, or hazardous waste constituents or treating them in place.  
(5) For facilities that are conducting a groundwater compliance monitoring program at  
the time an operating license, postclosure operating license, consent order, or other order  
is issued or entered, the owner or operator shall begin groundwater corrective action  
within a reasonable time period after the groundwater protection standard is exceeded.  
The director shall specify the time period in the operating license, postclosure operating  
231  
license, consent order, or other order. If an operating license, postclosure operating  
license, consent order, or other order includes a groundwater corrective action program in  
addition to a compliance groundwater monitoring program the operating license,  
postclosure operating license, consent order, or other order must specify when the  
corrective action groundwater program will begin, and the corrective action groundwater  
program must operate in place of the compliance groundwater monitoring program.  
(6) In conjunction with a groundwater corrective action program, the owner or operator  
shall establish and implement a groundwater monitoring program to demonstrate the  
effectiveness of the groundwater corrective action program. The monitoring program  
may be based on the requirements for a compliance groundwater monitoring program and  
must be as effective as that program in determining compliance with the groundwater  
protection standards specified in the operating license, postclosure operating license,  
consent order, or other order and in determining the success of a corrective action  
program pursuant to the provisions of subrule (8) of this rule, where appropriate. All  
wells installed to monitor, evaluate, or remediate groundwater must be constructed and  
abandoned in accordance with the well installation and well decommissioning procedures  
in ASTM standards D5092-04 and D5299-14, or a plan approved by the director.  
(7) If there is an exceedance of a groundwater surface water interface standard based on  
acute or chronic toxicity and established pursuant to parts 31 and 201 at any of the  
groundwater surface water interface compliance monitoring wells required by these rules  
and approved by the department, then the owner or operator shall immediately do all the  
following:  
(a) Provide the department with written notification of the exceedance within 7 days  
after obtaining knowledge and confirmation that the exceedance is occurring or within  
30 days after the effective date of this rule, whichever is later.  
(b) Within 60 days after the date on which the notice in subdivision (a) of this subrule  
is required, do 1 or more of the following, unless an extension of a submittal or  
implementation deadline is approved by the department. In reviewing extension requests,  
the department shall consider the progress of any corrective action to date, if site  
conditions inhibit corrective action implementation, if the extension would adversely  
impact surface water resources, and the nature and extent of the exceedances.  
(i) Implement interim measures to prevent exceedances at the monitoring wells  
referenced in this subrule and submit to the department a proposal and schedule for  
completing corrective action to prevent a discharge that exceeds the standard.  
(ii) Provide the department with written notification of the owner or operator's intent  
to propose another compliance monitoring point if one has yet not been approved by the  
department. The notification must include a schedule for submission of the proposal for  
department approval. The department may approve the schedule as submitted or direct  
reasonable modifications in the schedule. The proposal for another compliance  
monitoring point must include all the following:  
(A) A demonstration that the proposed compliance monitoring points are more  
representative of the venting groundwater and allow a more accurate calculation of the  
discharge rate, in cubic feet per second, of that portion of the venting groundwater plume  
that exceeds, or is likely to exceed in the future, a groundwater surface water interface  
standard, than existing compliance monitoring wells.  
(B) A demonstration that the locations where venting groundwater enters surface  
232  
water have been comprehensively identified.  
(C) A demonstration that the proposed compliance monitoring point allows for  
venting groundwater to be sampled before mixing with surface water.  
(D) A demonstration that the proposed compliance monitoring point allows for  
reliable, representative monitoring of groundwater quality.  
(E) Identification and documentation of the chemical, physical, or biological  
processes that result in the reduction of hazardous constituents between the original  
compliance monitoring wells required by these rules and the proposed compliance  
monitoring points.  
(F) Consideration of changes in groundwater flow conditions so that samples  
collected from the proposed compliance monitoring point are representative of  
groundwater flowing to the surface water. The proposed compliance monitoring points  
may be located in a floodplain.  
(G) Identification of any sentinel monitoring points that will be used in conjunction  
with the proposed compliance monitoring point to assure that any potential exceedance of  
an applicable water quality standard can be identified with sufficient notice to allow  
additional corrective action to be implemented that will prevent the exceedance. Sentinel  
monitoring points must include, at a minimum, the original compliance monitoring wells  
required by these rules.  
(iii) Provide the department with written notification of the owner or operator's intent  
to propose a site-specific standard under section 20120a(2) of the act, MCL 324.20120a.  
The notification must include a schedule for submission of the proposal for department  
approval. The department may approve the schedule as submitted or direct reasonable  
modifications in the schedule.  
(c) If the owner or operator does not implement an effective corrective action; submit  
the notices, proposals, and schedules required in subdivision (b) of this subrule; or  
comply with the schedules established under subdivision (b) of this subrule; and no  
extension was approved by the department, the owner or operator shall continue  
implementation of interim measures to prevent the exceedance until another compliance  
monitoring point or site-specific standard is approved by the department, or if the  
proposal is not approved by the department, until a different corrective action is  
implemented to protect the surface water. If another compliance monitoring point was  
approved by the department before detection of the exceedance in that compliance  
monitoring point, corrective action must continue as long as there is a reasonable  
potential for an exceedance to occur, or until a different corrective action is implemented  
to protect the surface water. The owner or operator shall document the interim measures  
taken to prevent the exceedance and their effectiveness during the time that the  
department is reviewing a proposal. If the proposal required under subdivision (b)(ii) of  
this subrule does not adequately document the interim measures required to satisfy this  
rule, it must be considered incomplete, and the department shall not make a decision on  
the proposal.  
(8) In addition to the other requirements of this rule, the owner or operator shall  
conduct a corrective action program to remove or treat in place any contaminants,  
hazardous wastes, and hazardous waste constituents, as provided for in subrule (1) of this  
rule, that exceed the groundwater protection standards or other environmental protection  
standards that are specified by the director as follows:  
233  
(a) Between the compliance points that are established pursuant to subrule (3)(a)(iv)  
and (b)(iv) of this rule and the downgradient property boundary and beyond the facility  
boundary in accordance with subrule (2) of this rule.  
(b) Corrective action measures that are undertaken pursuant to this rule must identify  
the treatment zone and zone of engineering control and be initiated and completed within  
a reasonable time period considering the extent of contamination.  
(c) Corrective action measures that are pursuant to this rule may be terminated once the  
environmental protection standards specified by the director in the facility operating  
license, postclosure operating license, consent order, or other order have been achieved  
for the required period.  
(9) The owner or operator shall continue corrective action measures during the  
compliance period to the extent necessary to ensure that the environmental protection  
standards are not exceeded. If the owner or operator is conducting corrective action at  
the end of the compliance period, then corrective action must continue for as long as  
necessary to achieve compliance with the environmental protection standards. The owner  
or operator may terminate corrective action measures taken beyond the period equal to  
the active life of the waste management area, including the closure period, if the owner or  
operator can demonstrate that the environmental protection standards have been achieved  
for the required period.  
(10) An owner or operator shall provide all environmental data to the director in  
electronic form within 60 days after the date of completion of the sampling or collection  
event, unless otherwise approved by the director.  
(11) The owner or operator shall report, in writing, to the director, on the effectiveness  
of the corrective action program pursuant to the schedule specified in the operating  
license, postclosure operating license, consent order, or other order, but not less than  
annually.  
(12) If an owner or operator determines that the corrective action program does not  
satisfy the requirements of these rules, the owner or operator shall, pursuant to the  
operating license, postclosure operating license, consent order, or other order, submit an  
application for a license modification or request a modification or termination of  
appropriate sections of any consent order or other order.  
(13) The requirements of this rule do not apply to remediation waste management sites  
unless they are part of a facility subject to the licensing requirements under part 111 and  
these rules because the facility is also treating, storing, or disposing of hazardous wastes  
that are not remediation wastes.  
R 299.9630 Air emission standards for process vents.  
Rule 630. (1) Owners or operators of treatment, storage, or disposal facilities shall  
comply with the provisions of 40 CFR part 264, subpart AA.  
(2) The provisions of 40 CFR part 264, subpart AA are adopted by reference in  
R 299.11003. For the purposes of this adoption, the word "director" replaces the words  
"regional administrator" and "administrator."  
R 299.9631 Air emission standards for equipment leaks.  
Rule 631. (1) Owners or operators of treatment, storage, or disposal facilities shall  
comply with the provisions of 40 CFR part 264, subpart BB.  
234  
(2) The provisions of 40 CFR part 264, subpart BB are adopted by reference in  
R 299.11003. For the purposes of this adoption, the word "director" replaces the words  
"regional administrator" and "administrator."  
R 299.9632 Drip pads.  
Rule 632. (1) Owners or operators of facilities that use new or existing drip pads to  
convey treated wood drippage, precipitation, or surface water run-off to an associated  
collection system shall comply with the provisions of 40 CFR part 264, subpart W.  
(2) For this rule, existing drip pads are those constructed before December 6, 1990, and  
those for which the owner or operator had a design and had entered into binding financial  
or other agreements for construction before December 6, 1990. All other drip pads are  
new drip pads.  
(3) The provisions of 40 CFR part 264, subpart W, are adopted by reference in  
R 299.11003. For the purposes of this adoption, the word "director" replaces the words  
"regional administrator" and "administrator."  
R 299.9633 Hazardous waste treatment.  
Rule 633. An owner or operator of a facility that treats hazardous waste shall ensure  
that the treatment process will change the physical, chemical, or biological character or  
composition of the waste to do any of the following:  
(a) Neutralize the waste.  
(b) Recover energy or material resources from the waste.  
(c) Render the waste nonhazardous, safer for handling or transport, amenable to  
recovery, amenable to storage, or reduced in volume.  
(d) Chemically bind or render toxic constituents nonhazardous rather than only diluted.  
R 299.9634 Air emission standards for tanks, surface impoundments, and containers.  
Rule 634. (1) Owners or operators of treatment, storage, or disposal facilities shall  
comply with the provisions of 40 CFR part 264, subpart CC.  
(2) The provisions of 40 CFR part 264, subpart CC, are adopted by reference in  
R 299.11003. For the purposes of this adoption, the word "director" replaces the words  
"regional administrator" and "administrator."  
R 299.9635 Corrective action management unit requirements.  
Rule 635. (1) Unless otherwise specified in this rule, corrective action management  
units are subject to all the requirements of this rule.  
(2) Corrective action management units that were approved before April 22, 2002, or  
for which substantially complete applications or equivalents were submitted to the  
department on or before November 20, 2000, are subject to the requirements of this  
subrule. The waste, activities, and design associated with these grandfathered corrective  
action management units are not subject to subrules (3) to (20) of this rule provided the  
waste, activities, and design remain within the general scope of the corrective action  
management unit as approved. With respect to these grandfathered corrective action  
management units, the term corrective action management unit means an area within a  
facility that is used only for managing remediation wastes for implementing corrective  
action or cleanup at the facility. For implementing corrective action remedies under  
235  
part 111 and these rules or implementing remedies at licensed facilities that are not  
subject to corrective action under part 111 and these rules, the director may designate in a  
license or enforceable document an area of a facility as a corrective action management  
unit. Corrective action management units must be located within the contiguous property  
under the control of the owner or operator where the wastes to be managed in the  
corrective action management unit originated. One or more corrective action  
management units may be designated at a facility.  
(3) For implementing corrective action remedies under part 111 and these rules or  
implementing remedies at licensed facilities that are not subject to corrective action under  
part 111 and these rules, the director may designate in a license or enforceable document  
an area at a facility as a corrective action management unit. With respect to these  
corrective action management units, the term corrective action management unit means  
an area within a facility that is used only for managing corrective action management  
unit-eligible wastes for implementing corrective action or cleanup at the facility. A  
corrective action management unit must be located within the contiguous property  
under the control of the owner or operator where the wastes to be managed in the  
corrective action management unit originated. One or more corrective action  
management units may be designated at a facility.  
(4) The director may prohibit, where appropriate, the placement of waste in a corrective  
action management unit if the director has or receives information that the waste has not  
been managed in compliance with applicable land disposal treatment standards of  
40 CFR part 268 or applicable unit design requirements of part 6 of these rules, or that  
noncompliance with other applicable requirements of part 6 of these rules likely  
contributed to the release of the waste.  
(5) The placement of bulk or noncontainerized liquid hazardous waste or free liquids  
contained in hazardous waste, whether or not sorbents have been added, in any corrective  
action management unit is prohibited except where the placement of the waste facilitates  
the remedy selected for the waste. The requirements in R 299.9619 for placement of  
containers holding free liquids in landfills apply to placement in a corrective action  
management unit except where the placement facilitates the remedy selected for the  
waste. The placement of any liquid that is not a hazardous waste in a corrective action  
management unit is prohibited unless the placement facilitates the remedy selected for the  
waste or a demonstration is made pursuant to R 299.9619. The absence or presence of  
free liquids in either a containerized or a bulk waste must be determined pursuant to  
R 299.9619. Sorbents used to treat free liquids in corrective action management units  
must meet the requirements of R 299.9619.  
(6) The placement of corrective action management unit-eligible wastes into or within a  
corrective action management unit does not constitute land disposal for part 111 or these  
rules.  
(7) The consolidation or placement of corrective action management unit-eligible  
wastes into or within a corrective action management unit does not constitute the creation  
of a unit subject to the minimum technology requirements of these rules.  
(8) The director may designate a hazardous waste management unit as a corrective  
action management unit or incorporate a hazardous waste management unit into a  
corrective action management unit provided both of the following requirements are met:  
(a) The hazardous waste management unit is closed or the closure process under part 6  
236  
of these rules has been initiated.  
(b) The inclusion of the hazardous waste management unit into the corrective action  
management unit will enhance the implementation of effective, protective, and reliable  
remedial actions for the facility.  
(9) All the following requirements that applied to the hazardous waste management unit  
continue to apply to that portion of a corrective action management unit containing the  
hazardous waste management unit regardless of the designation of the hazardous waste  
management unit as a corrective action management unit or the incorporation of the  
hazardous waste management unit into a corrective action management un:  
(a) R 299.9612.  
(b) R 299.9629.  
(c) 40 CFR part 265, subpart F.  
(d) R 299.9613.  
(e) 40 CFR part 265, subpart G.  
(f) Part 7 of these rules.  
(g) The unit-specific requirements of part 6 of these rules that applied to the hazardous  
waste management unit.  
(10) In designating an area at a facility as a corrective action management unit the  
director shall ensure that the corrective action management unit meets all the following  
requirements:  
(a) The corrective action management unit facilitates the implementation of reliable,  
effective, protective, and cost-effective remedies.  
(b) The waste management activities associated with the corrective action management  
unit do not create unacceptable risks to humans or to the environment that result from  
exposure to hazardous wastes or hazardous constituents.  
(c) The corrective action management unit contains only contaminated areas of the  
facility unless the inclusion of uncontaminated areas of the facility for managing  
corrective action management unit-eligible waste is more protective than management of  
the wastes at contaminated areas of the facility.  
(d) Areas within the corrective action management unit where wastes will remain in  
place after closure of the unit are managed and contained so as to minimize future  
releases, to the extent practicable.  
(e) The corrective action management unit expedites the timing of remedial activity  
implementation, when appropriate and practicable.  
(f) The corrective action management unit enables the use, when appropriate, of  
treatment technologies to enhance the long-term effectiveness of the remedial actions by  
reducing the toxicity, mobility, or volume of wastes that will remain in place after closure  
of the unit.  
(g) The corrective action management unit, to the extent practicable, minimizes the  
land area of the facility on which wastes will remain in place after closure of the unit.  
(11) The owner or operator shall provide the director with sufficient information to  
enable the director to designate a corrective action management unit pursuant to the  
criteria specified in this rule. Information on all the following must be included unless it  
is not reasonably available:  
(a) The origin of the waste and how it was subsequently managed, including a  
description of the timing and circumstances surrounding the disposal or release.  
237  
(b) Whether the waste was listed or identified as hazardous at the time of disposal or  
release.  
(c) Whether the disposal or release of the waste occurred before or after the land  
disposal requirements of 40 CFR part 268 were in effect for the waste listing or  
characteristic.  
(12) The director shall specify all the following information in the license or order for  
each corrective action management unit:  
(a) The areal configuration of the corrective action management unit.  
(b) Except as provided for in subrule (16) of this rule, the requirements for corrective  
action management unit-eligible waste management, including the specification of  
applicable design, operation, treatment, and closure requirements.  
(c) The minimum design requirements for the corrective action management unit.  
Except as provided in subrule (15) of this rule, corrective action management units that  
consist of new, replacement, or laterally expanded units must include a composite liner  
and a leachate collection system that is designed and constructed to maintain less than a  
30-centimeter depth of leachate over the liner. The composite liner system must consist  
of two components; the upper component must consist of a minimum 30 mil flexible  
membrane liner, and the lower component must consist of not less than a 2--foot layer of  
compacted soil with a hydraulic conductivity of not more than 1 x 10-7centimeters per  
second. Flexible membrane liner components consisting of high--density polyethylene  
must be not less than 60 mil thick and installed in direct and uniform contact with the  
compacted soil component. The director may approve alternate design requirements if  
the director determines either of the following:  
(i) Alternate design and operating practices, together with location characteristics,  
must prevent the migration of any hazardous constituents into the groundwater or surface  
water not less than as effectively as the liner and leachate collection systems  
requirements specified in this subdivision.  
(ii) The corrective action management unit is to be established in an area with existing  
significant levels of contamination, and an alternative design, including a design that does  
not include a liner, prevents migration from the unit that would exceed long-term  
remediation goals.  
(d) The minimum treatment requirements. Unless the wastes will be placed in a  
corrective action management unit for storage or treatment only pursuant to subrule (15)  
of this rule, corrective action management unit-eligible wastes that, absent this rule,  
would be subject to the land disposal treatment standards of 40 CFR part 268, and that  
the director determines contain principal hazardous constituents, must be treated to the  
standards specified in this subdivision. Principal hazardous constituents are those  
constituents that the director determines pose a risk to human health and the environment  
substantially higher than the cleanup levels or goals at the site. Principal hazardous  
constituents include carcinogens that pose a potential direct risk from ingestion or  
inhalation at the site at or above 10-3, non-carcinogens that pose a potential direct risk  
from ingestion or inhalation an order of magnitude or greater over their reference dose,  
other constituents if the risks to human health and the environment posed by the potential  
migration of the constituents in the wastes to groundwater are substantially higher than  
the cleanup levels or goals at the site after considering constituent concentrations, and  
fate and transport characteristics under site conditions, and other constituents that pose a  
238  
risk to human health and the environment substantially higher than the cleanup levels or  
goals at the site. The treatment standards for wastes placed in corrective action  
management units are as follows, unless the director adjusts the treatment level or method  
pursuant to subrule (13) of this rule:  
(i) For non-metals, the treatment must achieve 90% reduction in total principal  
hazardous constituent concentrations.  
(ii) For metals, the treatment must achieve 90% reduction in principle hazardous  
constituent concentrations as measured in leachate from the treated waste or media, and  
tested according to the toxicity characteristic leaching procedure, or 90% reduction in  
total constituent concentrations when a metal removal treatment technology is used. For  
metal bearing wastes for which metals removal treatment is not used, the director may  
specify a leaching test other than the toxicity characteristic leaching procedure to measure  
treatment effectiveness if the director determines that an alternative leach testing protocol  
is appropriate for use, and that the alternative more accurately reflects conditions at the  
site that affect leaching.  
(iii) When treatment of any principal hazardous constituent to a 90% reduction  
standard would result in a concentration less than 10 times the universal treatment  
standard for that constituent as outlined in 40 CFR 268.48, treatment to achieve  
constituent concentrations less than 10 times the universal treatment standard is not  
required.  
(iv) For waste exhibiting the hazardous characteristic of ignitability, corrosivity, or  
reactivity, the waste must also be treated to eliminate these characteristics.  
(v) For debris, the debris must be treated pursuant to 40 CFR 268.45, or by methods or  
to levels established under paragraphs (i), (ii), (iii), and (iv) of this subdivision or  
subrule (13) of this rule, whichever the director determines is appropriate.  
(e) The requirements for groundwater monitoring and corrective action as necessary to  
provide for all the following:  
(i) The continued detection and characterization of the nature, extent, concentration,  
direction, and movement of existing releases of hazardous constituents in the  
groundwater from sources located within the corrective action management un.  
(ii) The detection and subsequent characterization of releases of hazardous  
constituents to the groundwater that may occur from areas of the corrective action  
management unit in which wastes will remain in place after closure of the unit.  
(iii) The notification of the director and corrective action as necessary to protect  
human health and the environment for releases to groundwater from the corrective action  
management unit.  
(f) Closure requirements as necessary to minimize the need for further maintenance  
and control, minimize, or eliminate, to the extent necessary to protect human health and  
the environment, for areas where wastes remain in place, postclosure escape of hazardous  
waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste  
decomposition products to the ground, surface waters, or atmosphere. The requirements  
for closure must include all the following information as appropriate and deemed  
necessary by the director for a given corrective action management unit, after considering  
the characteristics of the unit, volume of wastes that will remain in place after closure,  
potential for releases from the corrective action management unit, physical and chemical  
characteristics of the wastes, hydrogeological and other relevant environmental  
239  
conditions at the facility that may influence the migration of any potential or actual  
releases, and potential for exposure of humans and environmental receptors if releases  
were to occur from the unit:  
(i) The requirements for excavation, removal, treatment, and containment of the  
wastes.  
(ii) The requirements for removal and decontamination of equipment, devices, and  
structures used in corrective action management unit-eligible waste management  
activities within the corrective action management unit.  
(iii) For areas in which wastes will remain in place after closure of the corrective  
action management unit, the requirements for capping these areas. If the waste remaining  
in the corrective action management unit after closure has constituent concentrations at or  
above remedial levels or goals applicable to the site, the unit must be provided with a  
final cover that is designed and constructed to meet the following performance criteria,  
unless the director determines that modifications to the requirements of this subparagraph  
are necessary to facilitate treatment or the performance of the unit:  
(A) Provide long-term minimization of migration of liquids through the closed unit.  
(B) Function with minimum maintenance.  
(C) Promote drainage and minimize erosion or abrasion of the cover.  
(D) Accommodate settling and subsidence so that the cover's integrity is maintained.  
(E) Have a permeability less than or equal to the permeability of any bottom liner  
system or natural subsoils present.  
(g) The postclosure requirements as necessary to protect human health and the  
environment, including, for areas in which wastes will remain in place, monitoring and  
maintenance activities and the frequency at which the activities must be performed to  
ensure the integrity of any cap, final cover, or other containment system.  
(13) The director may adjust the treatment level or method in subrule (12)(d) of this  
rule to a higher or lower level, based on 1 or more of the following factors, provided the  
adjusted level or method is protective of human health and the environment:  
(a) The technical impractability of treatment to the levels or by the methods in  
subrule (12)(d) of this rule.  
(b) The levels or methods in subrule (12)(d) of this rule would result in concentrations of  
principal hazardous constituents that are significantly above or below cleanup standards  
applicable to the site, established either site-specifically or promulgated under state or  
federal law.  
(c) The views of the affected local community on the treatment levels or methods in  
subrule (12)(d) of this rule as applied at the site, and, for treatment levels, the treatment  
methods necessary to achieve these levels.  
(d) The short-term risks presented by the on-site treatment method necessary to  
achieve the levels or treatment methods in subrule (12)(d) of this rule.  
(e) The long-term protection offered by the engineering design of the corrective action  
management unit and related engineering controls where 1 of the following conditions  
are met:  
(i) The treatment standards of subrule (12)(d) of this rule are substantially met and the  
principal hazardous constituents in the waste or residuals are of very low mobility.  
(ii) Cost-effective treatment has been used and the corrective action management unit  
meets the liner and leachate collection requirements for new land disposal units in part 6  
240  
of these rules.  
(iii) After review of appropriate treatment technologies, the director determines that  
cost-effective treatment is not reasonably available, and the corrective action  
management unit meets the liner and leachate collection requirements for new land  
disposal units in part 6 of these rules.  
(iv) The cost-effective treatment has been used and the principal hazardous  
constituents in the treated wastes are of very low mobility.  
(v) After review of the appropriate treatment technologies, the director determines that  
cost-effective treatment is not reasonably available, the principal hazardous constituents  
in the wastes are of very low mobility, and either the corrective action management unit  
meets or exceeds the liner standards for new, replacement, or laterally expanded  
corrective action management units in subrule (12)(c) of this rule, or the corrective action  
management unit provides substantially equivalent or greater protection.  
(14) The treatment required by the treatment standards of this rule must be completed  
before, or within a reasonable time after, placement in the corrective action management  
unit. For determining whether wastes placed in corrective action management units have  
been treated to site-specific treatment standards and treatment completed, the director  
may, as appropriate, specify a subset of the principal hazardous constituents in the waste  
as analytical surrogates for determining whether treatment standards have been met for  
other principal hazardous constituents. This specification must be based on the degree of  
difficulty of treatment and analysis of constituents with similar treatment properties.  
(15) Corrective action management units that are used for storage or treatment only are  
units in which waste will not remain after closure. These corrective action management  
units must be designated pursuant to all the requirements of this rule, except as follows:  
(a) Corrective action management units that are used for storage or treatment only and  
that operate pursuant to the time limits established in 40 CFR 264.554(d)(1)(iii), (h), and  
(i), are subject to the requirements for staging piles in 40 CFR 264.554(d)(1)(i) and (ii),  
(d)(2), (e), (f), (j), and (k), which are adopted by reference in R 299.9638, instead of the  
performance standards and requirements for corrective action management units in  
subrules (10) and (12)(c) to (f) of this rule.  
(b) Corrective action management units that are used for storage or treatment only and  
that do not operate pursuant to the time limits established in 40 CFR 264.554(d)(1)(iii),  
(h), and (i) must operate pursuant to a time limit established by the director, that is no  
longer than necessary to achieve a timely remedy selected for the waste and are subject to  
the requirements for staging piles in 40 CFR 264.554(d)(1)(i) and (ii), (d)(2), (e), (f), (j),  
and (k) instead of the performance standards and requirements for corrective action  
management units in subrules (10) and (12)(d) to (f) of this rule.  
(16) Corrective action management units into which wastes are placed where all wastes  
have constituent levels at or below remedial levels or goals applicable to the site may  
comply with the requirements for liners in subrule (12)(c) of this rule, caps in  
subrule (12)(f)(iii) of this rule, groundwater monitoring requirements in subrule (12)(e) of  
this rule, or for treatment or storage corrective action management units, the design  
standards of subrule (15) of this rule.  
(17) The director shall provide public notice and a reasonable opportunity for public  
comment before designating a corrective action management unit. The notice must  
include the rationale for any proposed adjustments under subrule (13) of this rule to the  
241  
treatment standards in subrule (12)(d) of this rule.  
(18) Notwithstanding other provisions of this rule, the director may impose additional  
requirements as necessary to protect human health and the environment.  
(19) The incorporation of a corrective action management unit into an existing license  
must be approved by the director pursuant to R 299.9519 and R 299.9520.  
(20) The designation of a corrective action management unit does not change the  
department's existing authority to address environmental protection standards, media-  
specific points of compliance to be applied to remediation at a facility, or other remedy  
selection decisions.  
R 299.9636 Temporary unit requirements.  
Rule 636. (1) For implementing corrective action remedies under part 111 and these  
rules or implementing remedies at facilities that are not subject to corrective action under  
part 111 and these rules, the director may designate tank or container storage units used  
for the treatment or storage of remediation wastes as temporary units. A temporary unit  
must be located within the contiguous property under the control of the owner or operator  
where the wastes to be managed in the temporary unit originated. In establishing  
standards for temporary units, the director shall consider all the following factors:  
(a) The length of time the unit will be in operation.  
(b) The type of unit.  
(c) The volume of waste to be managed.  
(d) The physical and chemical characteristics of the wastes to be managed in the unit.  
(e) The potential for releases from the unit.  
(f) The hydrogeological and other relevant environmental conditions at the facility that  
may influence the migration of any potential releases.  
(g) The potential for exposure of humans and environmental receptors if a release were  
to occur from the unit.  
(2) The director may allow the use of alternate design, operating, and closure standards  
for temporary units provided all the following requirements are met:  
(a) The temporary unit is located within the facility boundary.  
(b) The temporary unit is used only for the treatment or storage of remediation wastes.  
(c) The alternate standards are protective of human health and the environment.  
(3) The director shall specify all the following information in the license or order for  
each temporary unit:  
(a) The length of time a temporary unit will be allowed to operate must be not greater  
than 1 year.  
(b) The design, operating, and closure requirements for the unit.  
(4) The director may extend the operational period of the temporary unit 1 time, for a  
period of no longer than 1 year beyond the time period originally specified in the license  
or order, provided that all the following requirements are met:  
(a) The continued operation of the unit will not pose a threat to human health and the  
environment.  
(b) The continued operation of the unit is necessary to ensure timely and efficient  
implementation of remedial actions at the facility.  
(5) The incorporation of a temporary unit or a time extension for a temporary unit into  
an existing license must be requested and approved by the director in accordance with  
242  
R 299.9519 and R 299.9520.  
(6) The director shall document the rationale for designating a temporary unit and for  
granting time extensions for temporary units and make the documentation available to the  
public.  
R 299.9637 Hazardous waste munitions and explosives storage requirements.  
Rule 637. (1) Owners or operators of storage facilities that store munitions and explosive  
hazardous wastes shall comply with the requirements of 40 CFR part 264, subpart EE.  
(2) The provisions of 40 CFR part 264, subpart EE, are adopted by reference in  
R 299.11003. For the purposes of this adoption, the word "director" replaces the words  
"regional administrator," the word "R 299.9607" replaces the words "40 C.F.R. part 264,  
subpart D," the word "R 299.9203(5)" replaces the words "40 C.F.R. §261.3(d)," the word  
"R 299.9613" replaces the words "40 C.F.R. part 264, subpart G," and the words "Part 7  
of the rules promulgated pursuant to the act” replace the words "40 C.F.R. part 264,  
subpart H."  
R 299.9638 Staging pile requirements.  
Rule 638. (1) Owners or operators of staging piles shall comply with the provisions of  
40 CFR 264.554, except 264.554(l).  
(2) Staging piles must be designated by the director in accordance with the  
requirements of 40 CFR 264.554.  
(3) Owners or operators that wish to modify an order to incorporate a staging pile or a  
staging pile operating term extension shall follow the terms of the order and the  
applicable provisions of part 5 of these rules.  
(4) The provisions of 40 CFR 264.554, except 264.554(l) are adopted by reference in  
R 299.11003. For the purposes of this adoption, the word “R 299.9212" replaces the  
words "§261.21 or §261.23."  
R 299.9639 Disposal of corrective action management unit-eligible waste in hazardous  
waste landfills.  
Rule 639. (1) The director with regulatory oversight at the location where the cleanup  
is taking place may approve the placement of corrective action management unit-eligible  
waste in hazardous waste landfills not located at the site from which the waste originated,  
without the waste meeting the requirements of 40 CFR part 268, if all the following  
conditions are met:  
(a) The waste meets the definition of corrective action management unit-eligible waste  
in R 299.9102.  
(b) The director with regulatory oversight at the location where the cleanup is taking  
place identifies principal hazardous constituents in the wastes, pursuant to  
R 299.9635(12)(d), and requires that the principal hazardous constituents are treated to  
any of the following standards specified for corrective action management unit-eligible  
waste:  
(i) The treatment standards in R 299.9635(12)(d).  
(ii) The treatment standards adjusted pursuant to R 299.9635(13)(a), (c), (d), or (e)(i).  
(iii) The treatment standards adjusted pursuant to R 299.9635(13)(e)(ii), where  
treatment has been used and that treatment significantly reduces the toxicity or mobility  
243  
of the principal hazardous constituents in the waste, minimizing the short-term and  
long-term threat posed by the waste, including the threat at the remediation site.  
(c) The hazardous waste landfill receiving the corrective action management unit-  
eligible waste must meet all the following requirements:  
(i) Have an operating license issued under part 111 and these rules or, if out-of-state,  
have a comparable enforceable mechanism issued under the regulations governing the  
receiving landfill.  
(ii) Meet the requirements for new landfills in part 6 of these rules or, if out-of-state,  
meet comparable requirements in the regulations governing the receiving landfill.  
(iii) Be authorized to accept corrective action management unit-eligible waste.  
(2) The person seeking approval for disposal of corrective action management unit-  
eligible waste shall provide sufficient information to enable the director with regulatory  
oversight at the location where the cleanup is taking place to approve placement of the  
waste pursuant to subrule (1) of this rule. The information required pursuant to  
R 299.9635(11) for corrective action management unit applications must be provided  
unless it is not reasonably available.  
(3) The director with regulatory oversight at the location where the cleanup is taking  
place shall provide public notice and a reasonable opportunity for public comment before  
approving corrective action management unit-eligible waste for placement in an off-site  
licensed hazardous waste landfill, or, if out-of-state, in a hazardous waste landfill with a  
comparable enforceable mechanism issued under the governing regulations, consistent  
with the requirements for corrective action management unit approval in R 299.9635(17).  
The approval must be specific to a single remediation.  
(4) Applicable hazardous waste management requirements in part 6 of these rules,  
including recordkeeping requirements to demonstrate compliance with treatment  
standards approved under R 299.9635 and this rule, or, if out-of-state, comparable  
requirements, for corrective action management unit-eligible waste must be incorporated  
into the receiving facility license or, if out-of-state, the comparable enforceable  
mechanism through issuance or modification, providing notice and an opportunity for  
comment and a hearing. A landfill may not receive hazardous corrective action  
management unit-eligible waste under this rule unless its operating license or comparable  
enforceable mechanism specifically authorizes receipt of the waste.  
(5) With respect to each remediation activity, corrective action management  
unit-eligible waste must not be placed in an off-site landfill authorized to receive the  
waste pursuant to subrule (4) of this rule until all the following conditions have been met:  
(a) The owner or operator of the landfill notifies the director responsible for oversight  
of the landfill and persons on the facility mailing list of the owner or operator’s intent to  
receive corrective action management unit-eligible waste pursuant to this rule. The  
notice must identify the source of the remediation waste, the principal hazardous  
constituents in the waste, and the treatment requirements.  
(b) Persons on the facility mailing list may provide comments, including objections to  
the receipt of the corrective action management unit-eligible waste, to the director within  
15 days of notification.  
(c) The director may object to the placement of the corrective action management  
unit-eligible waste in the landfill within 30 days of notification. The director may extend  
the review period an additional 30 days because of public concerns or insufficient  
244  
information.  
(d) Corrective action management unit-eligible wastes may not be placed in the landfill  
until the director has notified the facility owner or operator that he or she does not object  
to its placement.  
(e) If the director objects to the placement or does not notify the facility owner or  
operator that the director has chosen not to object, the facility may not receive the waste  
until the objection has been resolved, or the owner or operator obtains an operating  
license or, if out-of-state, a comparable enforceable mechanism, modification in  
accordance with R 299.9519 or, if out-of-state, the governing requirements, specifically  
authorizing receipt of the waste.  
(f) As part of the operating license or, if out-of-state, a comparable enforceable  
mechanism, issuance, or modification process in subrule (4) of this rule, the director may  
modify, reduce, or eliminate the notification requirements of this subrule as they apply to  
specific categories of corrective action management unit-eligible waste, based on  
minimal risk.  
(6) Generators of corrective action management unit-eligible wastes sent off-site to a  
hazardous waste landfill under this rule shall comply with 40 CFR 268.7(a)(4).  
(7) Off-site facilities treating corrective action management unit-eligible wastes to  
comply with this rule shall comply with the requirements of 40 CFR 268.7(a)(4), or if  
out-of-state, the requirements governing the wastes, except that the certification must be  
with respect to the treatment requirements of subrule (1)(b) of this rule or, if out-of-state,  
the governing treatment requirements.  
(8) For this rule only, the “design of the corrective action management unit” in  
R 299.9635(13)(e) means design of the licensed hazardous waste landfill.  
R 299.9640 Options for incinerators, cement kilns, and lightweight aggregate kilns to  
minimize emissions from startup, shutdown, and malfunction events.  
Rule 640. (1) Owners and operators of licensed incinerators, cement kilns, lightweight  
aggregate kilns, solid fuel boilers, liquid fuel boilers, or hydrochloric acid production  
furnaces may request that the director address operating license conditions that minimize  
emissions from startup, shutdown, and malfunction events under any of the options in  
40 CFR 270.235(a) when requesting removal of or operating license conditions that are  
no longer applicable according to R 299.9623(2) or R 299.9808(4).  
(2) Owners and operators of interim status incinerators, cement kilns, lightweight  
aggregate kilns, solid fuel boilers, liquid fuel boilers, or hydrochloric acid production  
furnaces operating under parts 6 and 8 of these rules may control emissions of toxic  
compounds during startup, shutdown, and malfunction events under either of the  
following options after conducting a comprehensive performance test and submitting to  
the director a notification of compliance documenting compliance with 40 CFR part 63,  
subpart EEE:  
(a) The owner or operator continues to comply with the emission standards and  
operating requirements of parts 6 and 8 of these rules relevant to control of emissions  
from startup, shutdown, and malfunction events. Those standards and requirements only  
apply during startup, shutdown, and malfunction events.  
(b) The owner or operator is exempt from the standards of parts 6 and 8 of these rules  
relevant to control of emissions of toxic compounds during startup, shutdown, and  
245  
malfunction events on submission of written notification and documentation to the  
director that the startup, shutdown, and malfunction plan required pursuant to  
40 CFR 63.1206(c)(2) has been approved by the department pursuant to  
40 CFR 63.1206(c)(2)(ii).  
(3) When an owner or operator of an interim status incinerator, cement kiln, or  
lightweight kiln operating under parts 6 and 8 of these rules submits an operating license  
application to the director, the owner or operator may request that the director control  
emissions from startup, shutdown, and malfunction events under subrule (1) of this rule.  
(4) Hazardous waste incinerators, cement kilns, lightweight aggregate kilns, solid fuel  
boilers, liquid fuel boilers, or hydrochloric acid production furnaces that become subject  
to the licensing requirements of these rules after October 12, 2005, must control  
emissions of toxic compounds during startup, shutdown, and malfunction events in  
accordance with 40 CFR 270.235(c).  
(5) The provisions of 40 CFR 270.235(a) and (c) are adopted by reference in  
R 299.11003. For the purposes of this adoption, the word "permit" means "operating  
license," and references to "264.340(b)" means "R 299.9623(2)," "266.100(b)" means  
"R 299.9808(4)," and "270.41(a)" and "270.42" means "R 299.9519."  
PART 7. FINANCIAL CAPABILITY  
R 299.9701 Applicability; definitions.  
Rule 701. (1) Except as specified in subrule (2) of this rulthe requirements of this  
part apply to all facilities that treat, store, or dispose of hazardous waste or that accepted  
hazardous waste for disposal after November 19, 1980.  
(2) States and the federal government are exempt from the requirements of this part.  
(3) The definitions of terms contained in the provisions of 40 CFR 264.141 are adopted  
by reference in R 299.11003.  
R 299.9702 Cost estimate for closure and postclosure care.  
Rule 702. (1) The owner or operator shall comply with the requirements of  
40 CFR 264.142 and 264.144 regarding written cost estimates for closure and postclosure  
care.  
(2) The provisions of 40 CFR 264.142 and 264.144 are adopted by reference in  
R 299.11003.  
R 299.9703 Financial assurance for closure and postclosure care.  
Rule 703. (1) The owner or operator of each facility shall establish financial assurance  
for closure of the facility by utilizing the options specified in R 299.9704 to R 299.9709.  
The owner or operator of each disposal facility shall establish financial assurance for  
postclosure care of the facility utilizing the options specified in R 299.9704 to  
R 299.9709. An owner or operator of a new facility shall submit these documents to the  
director or the director’s designee not less than 60 days before the date on that hazardous  
waste is first received for treatment, storage, or disposal. An owner or operator shall  
submit all revisions and renewals of the documents to the director within 60 days after  
the revision or renewal.  
(2) An owner or operator may satisfy the requirements of this rule by establishing more  
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than 1 financial mechanism per facility. These mechanisms are limited to trust funds,  
surety bonds, letters of credit, certificates of deposit and time deposit accounts, and  
insurance. The mechanisms must be as specified in this part, except that it is the  
combination of mechanisms, rather than the single mechanism, that provide financial  
assurance for an amount not less than equal to the current closure and postclosure cost  
estimate. The director may use any or all the mechanisms to provide for closure and  
postclosure care of the facility.  
(3) An owner or operator may use a financial assurance mechanism specified in this  
part to meet the requirements of this rule for more than 1 facility. Evidence of financial  
assurance submitted to the director must include a list showing, for each facility, the site  
identification number, name, address, and the amount of funds for closure and  
postclosure assured by the mechanism. If the facilities covered by the mechanism are in  
more than 1 EPA region, identical evidence of financial assurance must be submitted to,  
and maintained with, the regional administrators of all the EPA regions. The amount of  
funds available through the mechanism must be not less than the sum of funds that would  
be available if a separate mechanism had been established and maintained for each  
facility. In directing funds available through the mechanism for closure and postclosure  
care of any of the facilities covered by the mechanism, the director may direct only the  
amount of funds designated for that facility, unless the owner or operator agrees to the  
use of additional funds available under the mechanism.  
(4) An owner or operator may satisfy the requirements for financial assurance for both  
closure and postclosure care for one or more facilities by using a trust fund, surety bond,  
letter of credit, certificate of deposit and time deposit account, or insurance that meets the  
requirements of this part for both closure and postclosure care. The amount of funds  
available through the mechanism must not be less than the sum of funds that would be  
available if a separate mechanism had been established and maintained for financial  
assurance of closure and of postclosure care.  
(5) Within 60 days after receiving certifications from the owner or operator and an  
independent registered professional engineer that closure has been accomplished in  
accordance with the closure plan, or that the postclosure care period has been completed  
for a hazardous waste disposal unit in accordance with the approved postclosure plan, the  
director shall notify the owner or operator, in writing, that the owner or operator is no  
longer required by this rule to maintain financial assurance for closure of the particular  
facility or postclosure care of the particular unit, unless the director has reason to believe  
that closure or postclosure care has not been in accordance with the approved plan. The  
director shall provide the owner or operator with a detailed written statement of any  
reason to believe that closure or postclosure care has not been in accordance with the  
approved plan.  
(6) An owner or operator must notify the director, by certified mail, of the  
commencement of a voluntary or involuntary proceeding under the provisions of the  
bankruptcy reform act of 1978, Public Law 95-598, naming the owner or operator as  
debtor, within 10 days after commencement of the proceeding.  
(7) An owner or operator that fulfills the requirements of this rule by obtaining a trust  
fund, surety bond, letter of credit, certificate of deposit or time deposit account, or  
insurance policy is without the required financial assurance or liability coverage in the  
event of bankruptcy of the trustee or issuing institution, a suspension or revocation of the  
247  
authority of the trustee institution to act as trustee, or a suspension or revocation of the  
authority of the institution issuing the surety bond, letter of credit, certificate of deposit or  
time deposit account, or insurance policy to issue the instruments. The owner or operator  
shall establish other financial assurance or liability coverage within 60 days after an  
event.  
(8) The director may replace all or part of the requirements of this rule with alternative  
requirements for financial assurance if the director does all the following:  
(a) Prescribes alternative requirements for the hazardous waste management unit under  
40 CFR 264.90(f) or 264.110(c), or both, or 265.90(f) or 265.110(d), or both.  
(b) Determines that it is not necessary to apply the requirements of this rule because  
the alternative financial assurance requirements protect human health and the  
environment.  
(c) Specifies the alternative financial assurance requirements in an operating license or  
enforceable document.  
(9) The provisions of 40 CFR 264.90(f), 264.110(c), 265.90(f), and 265.110(d) are  
adopted by reference in R 299.11003.  
R 299.9704 Trust fund.  
Rule 704. (1) An owner or operator may satisfy the financial assurance requirements of  
R 299.9703 by establishing a trust fund for closure or postclosure, or both, that conforms  
to the requirements of this rule. The trustee shall be a bank or other financial institution  
that has the authority to act as a trustee and whose trust operations are regulated and  
examined by a federal or state agency, and the trust agreement must be executed on a  
form approved by the director.  
(2) The trust fund must be funded at 100% of the closure and postclosure cost estimate  
approved at the time of execution. Additional payments to the trust fund must be made  
by the owner or operator to maintain 100% funding when the closure or postclosure cost  
estimates, or both, are increased.  
(3) If the value of the trust fund is more than the total amount of the current closure or  
postclosure cost estimate, or both, the owner or operator may submit a written request to  
the director for release of the amount in excess of the current closure or postclosure cost  
estimate.  
(4) If an owner or operator substitutes other financial assurance, as specified in this  
part, for all or part of the trust fund, the owner or operator may submit a written request  
to the director for release of the amount in excess of the current closure or postclosure  
cost estimate covered by the trust fund.  
(5) Within 60 days after receiving a request from the owner or operator for release of  
funds as specified in subrules (3) or (4) of this rule, the director shall instruct the trustee  
to release to the owner or operator the funds as the director specifies in writing.  
(6) After beginning partial or final closure, an owner or operator or another person  
authorized to perform closure, partial closure, or postclosure care may request  
reimbursements for closure, partial closure, or postclosure expenditures by submitting  
itemized bills to the director. The owner or operator may request reimbursement for  
partial closure only if sufficient funds remain in the trust fund to cover the maximum  
costs of closing the facility over its remaining operating life. Within 60 days after  
receiving bills for closure, partial closure, or postclosure care activities, the director shall  
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determine whether the closure, partial closure, or postclosure care expenditures, or both,  
are in accordance with the closure plan or otherwise justified, and, if so, the director shall  
instruct the trustee to make reimbursement in the amounts as the director specifies in  
writing. If the director does not instruct the trustee to make the reimbursements, the  
director shall provide the owner or operator with a detailed written statement of reasons.  
(7) If the director has reason to believe that the cost of closure or postclosure care, or  
both, will be significantly more than the value of the trust fund, the director may withhold  
reimbursement of the amounts as the director determines prudent until the director  
determines, in accordance with R 299.9703(6), that the owner or operator is no longer  
required to maintain financial assurance for closure or postclosure care, or both.  
(8) During the period of postclosure care, the director may approve a release of funds if  
the owner or operator demonstrates to the director that the value of the trust fund exceeds  
the remaining cost of postclosure care.  
(9) The director shall agree to termination of the trust when an owner or operator  
substitutes alternate financial assurance as specified in this part and the director releases  
the owner or operator from the requirements of this part in accordance with  
R 299.9703(5).  
(10) If the director issues a notice of violation or other order to the owner or operator  
alleging violation of closure or postclosure requirements, or both, the director may, after  
providing the owner or operator 7 days notice and opportunity for hearing, access the  
funds in the trust to correct the violations, complete closure, and maintain the facility in  
accordance with the approved plans.  
R 299.9705 Surety bond guaranteeing performance of closure and/or postclosure care.  
Rule 705. (1) An owner or operator may satisfy the financial assurance requirements of  
R 299.9703 by obtaining a surety bond that is executed on a form approved by the  
director and conforms to the requirements of this rule. The surety company issuing the  
bond shall, at a minimum, satisfy both of the following requirements:  
(a) The surety company shall be among those listed as acceptable sureties on federal  
bonds in circular 570 of the United States Department of the Treasury.  
(b) The surety company shall be independent, separate, and unrelated to the owner or  
operator.  
(2) The bond must guarantee that the owner or operator will do either of the following:  
(a) Perform final closure or postclosure care in accordance with the closure or  
postclosure plan and other requirements of the operating license for the facility when  
required to do so.  
(b) Within 90 days after receipt by both the owner or operator and the director of a  
notice of cancellation of the bond from the surety, provide alternate financial assurance as  
specified in this part and obtain the director's written approval of the assurance provided.  
(3) Under the terms of the bond, the surety shall become liable on the bond obligation  
under the following circumstances:  
(a) When the owner or operator fails to perform as guaranteed by the bond.  
(b) Following issuance of a notice of violation or other order by the director alleging  
that the owner or operator has failed to perform final closure or postclosure care, or both,  
in accordance with the closure and postclosure plans and other operating license  
requirements when required to do so and after providing the owner or operator 7 days  
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notice and an opportunity for a hearing.  
(4) The penal sum of the bond must be in an amount not less than the current closure  
and postclosure cost estimates.  
(5) When the current closure or postclosure cost estimate, or both, increases to an  
amount more than the penal sum, the owner or operator, within 60 days after the increase,  
shall either cause the penal sum to be increased to an amount not less than the current  
closure or postclosure cost estimate, or both, and submit evidence of the increase to the  
director or obtain other financial assurance as specified in this part. When the current  
closure or postclosure cost estimate decreases, the penal sum may be reduced to the  
amount of the current closure or postclosure cost estimate following written approval by  
the director.  
(6) Under the terms of the bond, the surety may cancel the bond by sending notice of  
cancellation, by certified mail, to the owner or operator and to the director. Cancellation  
must not occur, however, during the 120 days beginning on the date of receipt of the  
notice of cancellation by both the owner or operator and the director, as evidenced by the  
return receipts.  
(7) The owner or operator may cancel the bond if the director has given prior written  
consent. The director shall provide written consent when either of the following occurs:  
(a) An owner or operator substitutes alternate financial assurance as specified in this  
part.  
(b) The director releases the owner or operator from the requirements of this part in  
accordance with R 299.9703(5).  
(8) The surety shall not be liable for deficiencies in the performance of closure or  
postclosure care, or both, by the owner or operator after the director releases the owner or  
operator from the requirements of this part in accordance with R 299.9703(5).  
(9) On receipt of a notice of cancellation of the bond from the surety, the owner or  
operator shall obtain alternate financial assurance approved by the director within  
60 days. If the owner or operator fails to so provide, the director may issue a notice of  
violation or other order rendering the surety liable on the bond obligation.  
R 299.9706 Letter of credit.  
Rule 706. (1) An owner or operator may satisfy the requirements of this part by  
obtaining an irrevocable letter of credit that conforms to the requirements of this rule and  
is executed on a form approved by the director. The issuing institution shall be a bank or  
financial institution that has the authority to issue letters of credit and whose letter of  
credit operations are regulated and examined by a federal or state agency.  
(2) The letter of credit must include all the following information:  
(a) The site identification number.  
(b) Name and address of the facility.  
(c) The amount of funds assured for closure or postclosure care of the facility by the  
letter of credit.  
(3) The letter of credit must be irrevocable and issued for a period of not less than  
1 year. The letter of credit must provide that the expiration date will be automatically  
extended for a period of not less than 1 year unless, not less than 120 days before the  
current expiration date, the issuing institution notifies both the owner or operator and the  
director by certified mail of a decision not to extend the expiration date. Under the terms  
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of the letter of credit, the 120 days begin on the date when both the owner or operator and  
the director have received the notice, as evidenced by the return receipts.  
(4) The letter of credit must be issued in an amount equal to the current closure or  
postclosure cost estimate, or both, except as provided in R 299.9703(2).  
(5) When the current closure or postclosure cost estimate, or both, increases to an  
amount more than the amount of the credit, the owner or operator, within 60 days after  
the increase, shall either cause the amount of the credit to be increased so that it is not  
less than the current closure or postclosure cost estimate and submit evidence of the  
increase to the director or obtain other financial assurance as specified in this part to  
cover the increase. When the current closure or postclosure cost estimate decreases, the  
amount of the credit may be reduced to the amount of the current closure or postclosure  
cost estimate following written approval by the director.  
(6) The director may draw on the letter of credit to correct violations, complete closure,  
and maintain the facility pursuant to approved plans after doing both of the following:  
(a) Issuing a notice of violation or other order to the owner or operation that alleges  
that the owner or operator has failed to perform final closure or postclosure care, or both,  
pursuant to the closure and postclosure plans and other license requirements when  
required.  
(b) Providing the owner or operator with 7 days notice and opportunity for hearing.  
(7) If the owner or operator does not establish alternate financial assurance as specified  
in this part and obtain written approval of the alternate assurance from the director within  
90 days after receipt by both the owner or operator and the director of a notice from the  
issuing institution that it has decided not to extend the letter of credit beyond the current  
expiration date, then the director shall draw on the letter of credit. The director may  
delay the drawing if the issuing institution grants an extension of the term of the credit.  
During the last 30 days of the extension, the director shall draw on the letter of credit if  
the owner or operator has failed to provide alternate financial assurance as specified in  
this part and obtain written approval of the assurance from the director.  
(8) The director shall return the letter of credit to the issuing institution for termination  
when either of the following occurs:  
(a) An owner or operator substitutes alternate financial assurance as specified in this  
part.  
(b) The director releases the owner or operator from the requirements of this part  
pursuant to R 299.9703(5).  
R 299.9707 Certificate of deposit or time deposit account.  
Rule 707. (1) An owner or operator may satisfy the requirements of R 299.9703 by  
placing funds in the amount of the current approved closure or postclosure cost estimate  
in an insured, negotiable certificate of deposit or time deposit account held by a bank or  
other financial institution regulated and examined by a federal or state agency. The value  
of the certificate of deposit or time deposit account must be fully insured by an agency of  
the United States government, unless otherwise approved by the director.  
(2) The certificate or account must be in the sole name of the director with a maturity of  
not less than 6 months.  
(3) The owner or operator shall execute an agreement with the director that identifies  
the reasons for which the director may cash the certificate of deposit or time deposit  
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account. The agreement must be executed on a form approved by the director.  
(4) A certificate or time deposit account of less than a 1year maturity must provide for  
automatic renewal. An owner or operator shall renew or replace a certificate of deposit  
or time deposit account of 1 year or more not less than 60 days before the maturity date.  
(5) The certificate of deposit or time deposit account must be issued in an amount not  
less than the current approved closure or postclosure cost estimate, except when used  
with other mechanisms as provided in R 299.9703(2).  
(6) When the current approved closure or postclosure cost estimate increases to an  
amount more than the value of the certificate of deposit or time deposit account, the  
owner or operator, within 60 days after the increase is approved or issued by the director,  
shall either cause the amount of the certificate of deposit or time deposit account to be  
increased so that it not less than the current approved closure or postclosure cost estimate  
and submit evidence of the increase to the director or obtain other financial assurance as  
specified in this part to cover the increase. During the period of postclosure care, the  
director may approve a decrease in the amount of the certificate of deposit or time deposit  
account if the owner or operator demonstrates to the director that the amount exceeds the  
remaining cost of postclosure care after inflation is considered.  
(7) The director may cash the certificate of deposit or withdraw funds from the time  
deposit account to correct the violations, complete closure, and maintain the facility in  
accordance with the approved plans after doing both of the following:  
(a) Issuing a notice of violation or other order to the owner or operator that alleges that  
the owner or operator has failed to perform closure or postclosure care in accordance with  
the closure or postclosure plan or other license requirements.  
(b) Providing the owner or operator 7 days notice and opportunity for hearing.  
(8) If the owner or operator elects not to continue the use of the certificate of deposit or  
time deposit account to provide financial assurance as required, or any portion thereof,  
the owner or operator shall provide acceptable financial assurance to the director 60 days  
before the maturity date of the certificate of deposit or time deposit account. If the owner  
or operator fails to so provide, the director may cash the certificate of deposit or time  
deposit account and place the funds in a state treasury account. The director may release  
the funds to the owner or operator when the owner or operator provides acceptable  
replacement financial assurance.  
(9) The director shall release funds held in a certificate of deposit or time deposit  
account to the owner or operator when the owner or operator substitutes alternate  
financial assurance as specified in this part or the director releases the owner or operator  
from the requirements of this part in accordance with R 299.9703(5).  
R 299.9708 Closure or postclosure insurance.  
Rule 708. (1) An owner or operator may satisfy the requirements of R 299.9703 by  
obtaining closure or postclosure insurance, or both, which conforms to the requirements  
of this rule and by submitting both of the following to the director:  
(a) A certificate of insurance that uses wording approved by the director.  
(b) A certified true and complete copy of the insurance policy.  
(2) An owner or operator of a new facility shall submit the certificate of insurance and  
insurance policy to the director not less than 60 days before the date on which hazardous  
waste is first received for treatment, storage, or disposal. The insurance must be effective  
252  
before this initial receipt of hazardous waste.  
(3) The insurer shall satisfy all the following requirements:  
(a) The insurer shall be licensed to transact the business of insurance, or eligible to  
provide insurance as an excess or surplus lines insurer, in this state.  
(b) The insurer shall have a minimum of $7,000,000.00 of unimpaired surplus funds.  
(c) The insurer shall assume financial responsibility for the accepted risk, pursuant to  
the terms of the policy, using its own pool of resources that is independent, separate, and  
unrelated to that of the owner or operator.  
(4) The closure or postclosure insurance policy must be issued for a face amount not  
less than the current closure or postclosure cost estimate, except as provided in  
R 299.9703(2). Actual payments by the insurer must not change the face amount,  
although the insurer's future liability will be lowered by the amount of the payments.  
(5) The closure insurance policy must guarantee that funds will be available to close the  
facility when final closure occurs. The postclosure insurance policy must guarantee that  
funds will be available to provide postclosure care of the facility when the postclosure  
period begins. The policy must also guarantee that, once final closure begins, the insurer  
will be responsible for paying out funds, up to an amount equal to the face amount of the  
policy, on the direction of the director, to the person or persons as the director specified.  
(6) After beginning partial or final closure, an owner or operator or another person  
authorized to perform closure or postclosure care may request reimbursements for closure  
or postclosure expenditures by submitting itemized bills to the director. The owner or  
operator may request reimbursements for partial closure only if the remaining value of  
the policy is sufficient to cover the maximum costs of closing the facility over its  
remaining operating life. Within 60 days after receiving bills for closure or postclosure  
activities, the director shall determine if the expenditures are in accordance with the  
closure or postclosure plan or otherwise justified, and, if so, the director shall instruct the  
insurer to make reimbursement in the amounts the director specified in writing. If the  
director has reason to believe that the maximum cost of closure over the remaining life of  
the facility will be significantly more than the face amount of the policy, the director may  
withhold reimbursement of the amounts as the director determines prudent until the  
director determines, in accordance with R 299.9703(5), that the owner or operator is no  
longer required to maintain financial assurance for closure of the facility. If the director  
does not instruct the insurer to make the reimbursements, then the director shall provide  
the owner or operator with a detailed written statement of reasons.  
(7) The owner or operator shall maintain the policy in full force and effect until the  
director consents to termination of the policy by the owner or operator as specified in  
subrule (12) of this rule. In addition, failure to pay the premium without substitution of  
alternate financial assurance as specified in this part constitutes a significant violation of  
these rules and warrants other remedies as the director determines necessary. The  
violation begins on receipt, by the director, of a notice of future cancellation, termination,  
or failure to renew due to nonpayment of the premium, rather than upon the date of  
expiration.  
(8) Each policy must contain a provision allowing assignment of the policy to a  
successor owner or operator. The assignment may be conditional on consent of the  
insurer if the consent is not unreasonably refused.  
(9) The policy must provide that the insurer shall not cancel, terminate, or fail to renew  
253  
the policy except for failure to pay the premium. The automatic renewal of the policy  
must, at a minimum, provide the insured with the option of renewal at the face amount of  
the expiring policy. If there is a failure to pay the premium, then the insurer may elect to  
cancel, terminate, or fail to renew the policy by sending notice, by certified mail, to the  
owner or operator and the director. The policy must unconditionally provide for all the  
following:  
(a) If the owner or operator fails to renew the policy or provide alternate financial  
assurance as approved by the director not less than 60 days before the expiration date of  
the policy, then the insurer shall immediately pay, to the director, the full amount of  
closure and postclosure coverage under the policy if requested, in writing, by the director  
before the expiration date of the policy.  
(b) Cancellation, termination, or failure to renew must not occur during the 120 days  
beginning with the date of receipt of the notice by both the director and the owner or  
operator, as evidenced by the return receipts.  
(c) Cancellation, termination, or failure to renew must not occur, and the policy must  
remain in full force and effect, if, on or before the date of expiration, any of the following  
occurs:  
(i) The director determines that the facility is abandoned.  
(ii) The operating license is terminated or revoked, or a new operating license is  
denied.  
(iii) Closure is ordered by the director, or a United States district court or other court  
of competent jurisdiction.  
(iv) The owner or operator is named as debtor in a voluntary or involuntary  
proceeding under the provisions of the bankruptcy reform act of 1978, Public Law 95-  
598.  
(v) The premium due is paid.  
(10) The policy must unconditionally provide that the insurer shall, after the hearing,  
immediately pay to the director any amount requested by the director up to the full value  
of the appropriate closure or postclosure policy to correct the closure or postclosure  
violations following issuance of a notice of violation or other order by the director that  
does both of the following:  
(a) Alleges that the owner or operator has failed to perform closure or postclosure care,  
or both, in accordance with the closure plan, postclosure plan, or other requirements of  
part 111, these rules, or the operating license.  
(b) Provides 7 days notice and opportunity for hearing.  
(11) If the current closure or postclosure cost estimate increases to an amount more  
than the face amount of the policy, then the owner or operator, within 60 days after the  
increase, shall either cause the face amount to be increased to an amount not less than the  
current closure or postclosure cost estimate and submit evidence of the increase to the  
director or obtain other financial assurance as specified in this part to cover the increase.  
If the current closure or postclosure cost estimate decreases, then the face amount may be  
reduced to the amount of the current closure or postclosure cost estimate following  
written approval by the director.  
(12) The director shall give written consent to the owner or operator that the owner or  
operator may terminate the insurance policy when either of the following occurs:  
(a) An owner or operator substitutes alternate financial assurance as specified in this  
254  
rule.  
(b) The director releases the owner or operator from the requirements of this part in  
accordance with R 299.9703(5).  
R 299.9709 Financial test and corporate guarantee for closure or postclosure.  
Rule 709. (1) An owner or operator may satisfy the requirements of this part by  
demonstrating that the owner or operator passes a financial test as specified in this rule.  
To pass this test, the owner or operator shall meet the criteria of 1 of the following:  
(a) The owner or operator shall have all the following:  
(i) Two of the following 3 ratios:  
(A) A ratio of total liabilities to net worth less than 2.0.  
(B) A ratio of the sum of net income plus depreciation, depletion, and amortization to  
total liabilities of more than 0.1.  
(C) A ratio of current assets to current liabilities of more than 1.5.  
(ii) Net working capital and tangible net worth each not less than 6 times the sum of  
the current closure and postclosure cost estimates and other obligations covered by a  
financial test.  
(iii) Tangible net worth of not less than $10,000,000.00.  
(iv) Assets in the United States amounting to not less than 90% of the owner's or  
operator's total assets or not less than 6 times the sum of the current closure and  
postclosure cost estimates and other obligations covered by a financial test.  
(v) Total assets in this state of not less than $50,000,000.00, excluding the value of  
any land used for hazardous waste disposal or have total assets in this state that are not  
less than 6 times the sum of the approved closure and postclosure cost estimates for  
facilities subject to these rules, whichever is larger.  
(b) The owner or operator shall have all the following:  
(i) A current rating for its senior unsecured debt of AAA, AA, A, or BBB, as issued by  
Standard and Poor's, or Aaa, Aa, A, or Baa as issued by Moody's.  
(ii) Tangible net worth not less than 6 times the sum of the current closure and  
postclosure cost estimates and other obligations covered by a financial test.  
(iii) Tangible net worth of not less than $10,000,000.00.  
(iv) Assets located in the United States amounting to not less than 90% of the owner's  
or operator's total assets or not less than 6 times the sum of the current closure and  
postclosure cost estimates and any other obligations covered by a financial test.  
(v) Have total assets in this state of not less than $50,000,000.00, excluding the value  
of any land used for hazardous waste disposal, or have total assets in this state that are not  
less than 6 times the sum of the approved closure and postclosure cost estimates for  
facilities subject to these rules, whichever is larger.  
(2) The phrase "current closure and postclosure cost estimates," as used in subrule (1)  
of this rule, means the cost estimates required under R 299.9702 and equivalent or  
substantially equivalent federal or state regulations. The phrase "other obligations  
covered by a financial test," as used in subrule (1) of this rule, means the financial  
assurance for solid waste management facilities under part 115 and equivalent or  
substantially equivalent federal or state regulations, the financial assurance for injection  
wells under 40 CFR part 144, the financial assurance for underground storage tanks under  
40 CFR part 280 and equivalent or substantially equivalent state regulations, the financial  
255  
assurance for polychlorinated biphenol facilities regulated under 40 CFR part 761 and  
equivalent or substantially equivalent state regulations, the financial assurance for  
remediation costs under part 201 and equivalent federal or state regulations, and the  
financial assurance for corrective action under R 299.9713 and equivalent or substantially  
equivalent federal or state regulations.  
(3) To demonstrate that the owner or operator meets this test, the owner or operator  
shall submit all the following items to the director:  
(a) A letter signed by the owner or operator's chief financial officer and worded as  
specified by the director.  
(b) A copy of the independent certified public accountant's report on examination of  
the owner's or operator's financial statements for the latest completed fiscal year.  
(c) A special report from the owner's or operator's independent certified public  
accountant to the owner or operator on comparison of the data presented in the chief  
financial officer's letter to the independently audited, year-end financial statements. The  
special report must describe the agreed-upon procedures performed and related findings,  
including if there were any discrepancies found.  
(4) An owner or operator of a new facility shall submit the items specified in  
subrule (3) of this rule to the director not less than 60 days before the date on which  
hazardous waste is first received for treatment, storage, or disposal.  
(5) After the initial submission of the items specified in subrule (3) of this rule, the  
owner or operator shall send updated information to the director within 90 days after the  
close of each succeeding fiscal year. This information must consist of all items specified  
in subrule (3) of this rule.  
(6) If the owner or operator no longer meets the requirements of subrule (1) of this rule,  
the owner or operator shall send notice to the director of the intent to establish alternate  
financial assurance as specified in this part. The notice must be sent, by certified mail,  
within 90 days after the end of the fiscal year for which the yearend financial data show  
that the owner or operator no longer meets the requirements. The owner or operator shall  
provide the alternate financial assurance within 120 days after the end of the fiscal year.  
(7) The director may, based on a reasonable belief that the owner or operator might no  
longer meet the requirements of subrule (1) of this rule, require reports of financial  
condition at any time from the owner or operator in addition to that information required  
of the owner or operator in subrule (3) of this rule. If the director finds, on the basis of  
the reports or other information, that the owner or operator no longer meets the  
requirements of subrule (1) of this rule, the owner or operator shall provide alternate  
financial assurance as specified in this part within 30 days after notification of a finding.  
(8) The director may disallow use of a financial test to meet the requirements of this  
part on the basis of qualifications in the opinion expressed by the independent certified  
public accountant in the report on examination of the owner’s or operator's financial  
statements. An adverse opinion or a disclaimer of opinion shall be cause for  
disallowance. The director shall evaluate other qualifications on an individual basis. The  
owner or operator shall provide alternate financial assurance as specified in this rule  
within 30 days after notification of the disallowance.  
(9) The owner or operator is no longer required to submit the items specified in  
subrule (3) of this rule when one of the following occurs:  
(a) An owner or operator substitutes alternate financial assurance as specified in this  
256  
rule.  
(b) The director releases the owner or operator from the requirements of this part in  
accordance with R 299.9703(5).  
(10) An owner or operator may meet the requirements of this rule by obtaining a  
written guarantee, hereafter referred to as "corporate guarantee." The guarantor shall be  
the parent corporation of the owner or operator. The guarantor shall meet the  
requirements for owners or operators in subrules (1) to (8) of this rule and comply with  
the terms of the corporate guarantee. The wording of the corporate guarantee must be  
identical to wording provided by the director. The corporate guarantee must accompany  
the items sent to the director as specified in subrule (3) of this rule. The terms of the  
corporate guarantee must provide for all the following:  
(a) If the owner or operator fails to perform final closure or postclosure care of a  
facility covered by the corporate guarantee in accordance with the closure and  
postclosure plans and other operating license requirements when required to do so, the  
guarantor shall do so or establish a trust fund as specified in R 299.9704 in the name of  
the owner or operator.  
(b) The corporate guarantee must remain in force unless the guarantor sends notice of  
cancellation, by certified mail, to the owner or operator and to the director. Cancellation  
must not occur, however, during the 120 days beginning on the date of receipt of the  
notice of cancellation by both the owner or operator and the director, as evidenced by the  
return receipts.  
(c) If the owner or operator fails to provide alternate financial assurance as specified in  
this part and obtain the written approval of the alternate assurance from the director  
within 90 days after receipt by the owner or operator and the director of a notice of  
cancellation of the corporate guarantee from the guarantor, the guarantor shall provide  
the alternative financial assurance in the name of the owner or operator.  
(d) In the case of corporations that are incorporated outside of this state, the guarantor  
shall identify and maintain a registered agent for service of process in this state.  
R 299.9710 Liability requirements for treatment, storage, and disposal facilities.  
Rule 710. (1) An owner or operator of a hazardous waste treatment, storage, or  
disposal facility, or a group of facilities, shall demonstrate financial responsibility for  
bodily injury and property damage to third parties caused by sudden and accidental  
occurrences arising from operations of the facility or group of facilities. The owner or  
operator shall have and maintain liability coverage for sudden and accidental occurrences  
in an amount not less than $1,000,000.00 per occurrence with an annual aggregate of not  
less than $2,000,000.00, exclusive of legal defense costs.  
(2) An owner or operator of a surface impoundment, landfill, land treatment facility, or  
disposal miscellaneous unit that is used to manage hazardous waste, or a group of  
facilities, shall demonstrate financial responsibility for bodily injury and property damage  
to third parties caused by nonsudden accidental occurrences arising from operations of  
the facility or group of facilities. The owner or operator shall have and maintain liability  
coverage for nonsudden accidental occurrences in an amount not less than $3,000,000.00  
per occurrence with an annual aggregate of not less than $6,000,000.00, exclusive of  
legal defense costs.  
(3) An owner or operator shall demonstrate the existence of the required liability  
257  
coverage through any of the following:  
(a) Insurance as specified in subrule (6) of this rule.  
(b) The financial test specified in subrule (7) of this rule.  
(c) The financial test specified in subrule (8) of this rule.  
(d) The corporate guarantee specified in subrule (9) of rule.  
(e) The letter of credit specified in subrule (10) of this rule.  
(f) The trust fund specified in subrule (11) of this rule.  
(4) An owner or operator may demonstrate the existence of the required liability  
coverage through a combination of the financial mechanisms specified in subrule (3) of  
this rule, except that any combination must not include more than 1 of the financial tests  
specified or both a financial test and corporate guarantee. The amount of coverage must  
total not less than the minimum amount required by this rule.  
(5) If more than 1 financial mechanism is used to demonstrate the existence of the  
required liability coverage, then the owner or operator shall specify not less than  
1 financial mechanism as primary coverage and specify the other financial mechanisms  
as excess coverage.  
(6) An owner or operator may satisfy the liability requirements of this rule by obtaining  
an insurance policy as follows:  
(a) Each insurance policy must be issued by an insurer that, at a minimum, is licensed  
to transact the business of insurance or eligible to provide insurance as an excess or  
surplus lines insurer, in this state.  
(b) Each insurance policy must be amended by attaching an endorsement on a form  
provided by the director. The owner or operator shall submit, to the director, a signed  
duplicate original of the endorsement, and, if requested by the director, a signed duplicate  
of the insurance policy.  
(c) Each policy that is obtained to meet the requirements of this rule must provide that  
cancellation, termination, or a material change to the policy that affects the coverages  
required by this rule must not occur unless and until not less than 30 days' written notice  
of the cancellation, termination, or material change is first provided to the director. The  
notice must be given no matter which party initiates the cancellation, termination, or  
material change and whether or not nonpayment of premium is involved.  
(d) If the underlying policies required by subrules (1) and (2) of this rule do not  
provide sufficient limits of liability, the policy must be amended by attaching an excess  
insurance endorsement on a form approved by the director.  
(7) An owner or operator may satisfy the liability requirements of this rule by  
complying with the financial test requirements specified in the provisions of  
40 CFR 264.147(f). To demonstrate that they pass this test, the owner or operator shall  
submit all the information required in 40 CFR 264.147(f)(3) to the director. The words  
"regional administrator" in the provisions of 40 CFR 264.151(g) means the word  
"director."  
(8) An owner or operator may satisfy the liability requirements of this rule by  
complying with the financial test requirements specified in the provisions of R 299.9709  
and both of the following provisions:  
(a) The financial test criteria of R 299.9709 must be modified as follows:  
(i) In the provisions of R 299.9709(1)(a)(ii), net working capital and tangible net  
worth must each be not less than 6 times the sum of the current closure and postclosure  
258  
cost estimates, other obligations covered by a financial test, and the amount of annual  
aggregate liability coverage.  
(ii) In the provisions of R 299.9709(1)(a)(iv), assets in the United States must be not  
less than 90% of the owner's or operator's total assets or not less than 6 times the sum of  
the current closure and postclosure cost estimates, any other obligations covered by a  
financial test, and the amount of annual aggregate liability coverage.  
(iii) In the provisions of R 299.9709(1)(b)(ii), tangible net worth must be not less than  
6 times the sum of the current closure and postclosure cost estimates, any other  
obligations covered by a financial test, and the amount of annual aggregate liability  
coverage.  
(iv) In the provisions of R 299.9709(1)(b)(iv), assets in the United States must be not  
less than 90% of the owner's or operator's total assets or not less than 6 times the sum of  
the current closure and postclosure cost estimates, other obligations covered by a  
financial test, and the amount of annual aggregate liability coverage.  
(b) To demonstrate that the owner or operator passes the financial test requirements of  
this subrule, the owner or operator shall submit all the information required by the  
provisions of R 299.9709(3) to the director.  
(c) If the owner or operator no longer meets the requirements of this subrule, then the  
owner or operator shall obtain alternate liability coverage as specified in this rule.  
Evidence of alternate liability coverage must be submitted to the director within 90 days  
after the end of the fiscal year for which the yearend financial data shows that the owner  
or operator no longer meets the financial test requirements of this subrule.  
(9) An owner or operator may satisfy the liability requirements of this rule by obtaining  
a written guarantee for liability coverage, referred to as "corporate guarantee," as follows:  
(a) The guarantor shall be the parent corporation of the owner or operator. The  
guarantor shall meet the requirements for owners or operators specified in subrule (7) or  
(8) of this rule and comply with the terms of the corporate guarantee.  
(b) The corporate guarantee must provide for all the following:  
(i) If the owner or operator fails to satisfy a judgment based on a determination of  
liability for bodily injury or property damage to third parties caused by sudden or  
nonsudden, or both, accidental occurrences arising from the operation of facilities  
covered by the corporate guarantee, or fails to pay an amount agreed to in settlement of  
claims arising from, or alleged to have arisen from, the injury or damage, then the  
guarantor will satisfy the judgment or pay the settlement amount up to the limits of  
coverage.  
(ii) The guarantor shall make payment of third-party liability awards and settlements  
on presentation of a certification of a valid claim or a valid final court order that  
establishes a judgment against the owner or operator for bodily injury or property damage  
caused by sudden or nonsudden accidental occurrences arising from the operation of the  
facilities covered by the corporate guarantee.  
(iii) The liability coverage must not apply to the exclusions specified in the provisions  
of subrule (12) of this rule.  
(iv) The corporate guarantee must remain in force unless the guarantor sends a notice  
of cancellation, by certified mail, to the owner or operator and to the director.  
Cancellation must not occur, however, during the 120 days beginning on the date of  
receipt of the notice of cancellation by both the owner or operator and the director, as  
259  
evidenced by the return receipts.  
(v) The corporate guarantee must not be terminated unless the owner or operator  
obtains, and the director approves, alternate liability coverage as specified in this rule.  
(vi) The guarantor shall obtain alternate liability coverage as specified in this rule in  
the name of the owner or operator, unless the owner or operator has done so, within  
30 days after being notified by the director that the guarantor no longer meets the  
financial test criteria or that the guarantor is disallowed from continuing as guarantor, and  
within 120 days after the end of any fiscal year before termination of the guarantee in  
which the guarantor fails to meet the financial test criteria.  
(c) The wording of the corporate guarantee must be identical to the wording specified  
by the director.  
(d) The corporate guarantee must accompany the items sent to the director as specified  
in subrule (7) or (8) of this rule.  
(e) If a corporation is incorporated outside of this state, then a guarantee may be used  
to satisfy the requirements of this rule only if the non-Michigan corporation has identified  
a registered agent for service of process in this state.  
(f) The director shall agree to termination of the guarantee if either of the following  
occurs:  
(i) The owner or operator or guarantor substitutes alternate financial assurance as  
specified in this rule.  
(ii) The director releases the owner or operator from the liability requirements in  
accordance with the provisions of subrule (16) of this rule.  
(10) An owner or operator may satisfy the liability requirements of this rule by  
obtaining an irrevocable letter of credit for liability coverage as follows:  
(a) The issuing institution shall be a bank or financial institution that has the authority  
to issue letters of credit and has its letter of credit operations regulated and examined by a  
federal or state agency.  
(b) The letter of credit must provide for both of the following:  
(i) The financial institution shall deposit amounts designated by the trustee, up to the  
amount of the letter of credit, into a standby trust fund on presentation of a sight draft.  
(ii) The letter of credit must be irrevocable and issued for a period of not less than  
1 year. The expiration date must be automatically extended for a period of not less than  
1 year unless, not less than 120 days before the current expiration date, the issuing  
institution notifies both the owner or operator and the director, by certified mail, of a  
decision not to extend the expiration date. The 120 days must begin on the date when  
both the owner or operator and the director receive the notice, as evidenced by the return  
receipts.  
(c) The wording of the letter of credit must be identical to the wording specified by the  
director.  
(d) The director shall agree to termination of the letter of credit when either of the  
following occurs:  
(i) The owner or operator substitutes alternate financial assurance as specified in this  
rule.  
(ii) The director releases the owner or operator from the liability requirements in  
accordance with the provisions of subrule (16) of this rule.  
(e) An owner or operator that uses a letter of credit to satisfy the requirements of this  
260  
rule shall establish a standby trust fund in accordance with both of the following  
provisions:  
(i) The trustee shall be a bank or other financial institution that has the authority to act  
as trustee and which has its trust operations regulated and examined by a state or federal  
agency.  
(ii) The trust fund must provide for all the following:  
(A) The trustee shall satisfy third-party liability claims by drawing on the letter of  
credit and by making payments from the fund on presentation of a certification of a valid  
claim or a valid final court order that establishes a judgment against the owner or  
operator for bodily injury or property damage caused by sudden or nonsudden accidental  
occurrences arising from the operation of the facilities covered by the trust fund.  
(B) The liability coverage must not apply to the exclusions specified in the provisions  
of subrule (12) of this rule.  
(C) The trust must be irrevocable and continue until terminated pursuant to the  
written agreement of the owner or operator, the trustee, and the director or until  
terminated by the trustee and the director if the owner or operator ceases to exist.  
(D) The wording of the trust agreement must be identical to the wording specified by  
the director.  
(f) The director shall agree to termination of the standby trust if either of the following  
occurs:  
(i) The owner or operator substitutes alternate financial assurance as specified in this  
rule.  
(ii) The director releases the owner or operator from the liability requirements in  
accordance with the provisions of subrule (16) of this rule.  
(g) The owner or operator shall submit a copy of the letter of credit and a signed  
duplicate original of the standby trust agreement to the director.  
(h) If the owner or operator does not establish alternate liability coverage as specified  
in this rule and obtain written approval of the alternate coverage from the director within  
90 days after receipt, by both the owner or operator and the director, of a notice from the  
issuing institution that it has decided not to extend the letter of credit beyond the current  
expiration date, then the director shall notify the trustee and the trustee shall draw on the  
letter of credit and deposit the proceeds of the letter of credit into the standby trust fund.  
(11) An owner or operator may satisfy the liability requirements of this rule by  
obtaining a trust fund for liability coverage as specified in the following provisions and  
submitting a signed duplicate original of the trust agreement to the director:  
(a) The trustee shall be a bank or other financial institution that has the authority to act  
as trustee and has its trust operations regulated and examined by a state or federal agency.  
(b) The trust fund must be funded for the full amount of liability coverage to be  
provided by the trust fund. After the trust fund is established, if the trust fund amount is  
reduced below the full amount of liability coverage to be provided by the trust fund, then  
the owner or operator shall make payment to the trustee to cause the value of the trust  
fund to not be less than the full amount of liability coverage to be provided by the trust  
fund. The payments must be made before the anniversary date of the establishment of the  
fund.  
(c) The trust fund must provide for all the following:  
(i) The trustee shall make payment of third-party liability awards and settlements, up  
261  
to the value of the fund, on presentation of a certification of a valid claim or a valid final  
court order that establishes a judgment against the owner or operator for bodily injury or  
property damage caused by sudden or nonsudden accidental occurrences arising from the  
operation of the facilities covered by the trust fund.  
(ii) The liability coverage must not apply to the exclusions specified in the provisions  
of subrule (12) of this rule.  
(iii) The trust must be irrevocable and must continue until terminated pursuant to the  
written agreement of the owner or operator, the trustee, and the director or until  
terminated by the trustee and the director if the owner or operator ceases to exist.  
(d) The wording of the trust agreement must be identical to the wording specified by  
the director.  
(e) The director shall agree to termination of the trust if either of the following occurs:  
(i) The owner or operator substitutes alternate financial assurance as specified in this  
rule.  
(ii) The director releases the owner or operator from the liability requirements in  
accordance with the provisions of subrule (16) of this rule.  
(12) The liability coverages provided by the corporate guarantee, letter of credit, and  
trust fund pursuant to the provisions of this rule must not apply to any of the following  
categories of damages or obligations:  
(a) Bodily injury or property damage that the owner or operator is obligated to pay  
damages by reason of the assumption of liability in a contract or agreement. This  
exclusion does not apply to liability for damages that the owner or operator would be  
obligated to pay in the absence of the contract or agreement.  
(b) Any obligation of the owner or operator pursuant to a worker's compensation,  
disability benefits, or unemployment compensation law or similar law.  
(c) Bodily injury to an employee of the owner or operator arising from, and in the  
course of, employment by the owner or operator, or bodily injury to the spouse, child,  
parent, brother, or sister of that employee as a consequence of, or arising from, and in the  
course of, employment by the owner or operator. This exclusion applies whether the  
owner or operator may be liable as an employer or in another capacity and applies to any  
obligation to share damages with or repay another person that must pay damages because  
of injury to the employee or the spouse, child, parent, brother, or sister of the employee.  
(d) Bodily injury or property damage arising out of the ownership, maintenance, use,  
or entrustment to others of any aircraft, motor vehicle, or watercraft.  
(e) Property damage to any of the following:  
(i) Property that is owned, rented, or occupied by the owner or operator.  
(ii) Premises that are sold, given away, or abandoned by the owner or operator if the  
property damage arises out of part of the premises.  
(iii) Property that is loaned to the owner or operator.  
(iv) Personal property in the care, custody, or control of the owner or operator.  
(v) The part of real property on which the owner, operator, or contractor or  
subcontractor that is working directly or indirectly on behalf of the owner or operator is  
performing operations, if the property damage arises out of these operations.  
(13) An owner or operator shall notify the director, in writing, within 30 days, if any of  
the following conditions occur:  
(a) A claim results in a reduction in the amount of financial responsibility for liability  
262  
coverage provided by a financial mechanism authorized in subrule (3) of this rule.  
(b) A certification of valid claim for bodily injury or property damages caused by a  
sudden or nonsudden accidental occurrence arising from the operation of a hazardous  
waste treatment, storage, or disposal facility is entered between the owner or operator and  
a third-party claimant for liability coverage pursuant to the provisions of this rule.  
(c) A final court order that establishes a judgment for bodily injury or property damage  
caused by a sudden or nonsudden accidental occurrence arising from the operation of a  
hazardous waste treatment, storage, or disposal facility is issued against the owner or  
operator or a financial mechanism for liability coverage pursuant to the provisions of this  
rule.  
(14) An owner or operator shall continuously provide liability coverage for a facility as  
required by this rule until certifications of closure of the facility as specified in the  
provisions of R 299.9613(3) are received by the director and the director notifies the  
owner or operator that the owner or operator is no longer required to maintain financial  
assurance for closure pursuant to the provisions of R 299.9703(5).  
(15) The director may adjust the levels of financial responsibility required by this rule  
for the reasons specified in the provisions of 40 CFR 264.147(c) and (d). Any adjustment  
to the level or type of coverage for a facility that has an operating license must be treated  
as an operating license modification pursuant to the provisions of R 299.9519.  
(16) Within 60 days after receiving certifications from the owner or operator and an  
independent registered professional engineer that final closure has been completed in  
accordance with the approved closure plan, the director shall notify the owner or  
operator, in writing, that the owner or operator is no longer required by this rule to  
maintain liability coverage for that facility, unless the director has reason to believe that  
closure has not been in accordance with the approved closure plan.  
(17) If all other hazardous waste management units at the facility that are subject to a  
liability coverage requirement under this rule are closed, or if the closure process under  
part 6 of these rules has been initiated for all other hazardous waste management units  
that are subject to a liability coverage requirement, then the director may replace all or  
part of that liability coverage requirement for a hazardous waste management unit with  
alternative requirements under R 299.9713 if the director does all the following:  
(a) Prescribes alternative requirements for the hazardous waste management unit under  
40 CFR 264.90(f) or 264.110(c).  
(b) Determines that it is not necessary to apply the requirements of this rule because  
the alternative financial assurance requirements protect human health and the  
environment.  
(c) Specifies the alternative requirements in an operating license or enforceable document.  
(18) The provisions of 40 CFR 264.90(f), 264.110(d), 264.147(c), (d), and (f) and  
264.151(g) are adopted by reference in R 299.11003.  
R 299.9711 Financial capability requirements for transporters operating a  
transfer facility or group of transfer facilities.  
Rule 711. (1) A transporter that operates a transfer facility or group of transfer  
facilities shall demonstrate financial responsibility for bodily injury and property damage  
to third parties caused by sudden and accidental occurrences arising from the operations  
of the facility or group of facilities. The transporter shall have and maintain liability  
263  
coverage for sudden and accidental occurrences in an amount not less than $500,000.00  
per occurrence, exclusive of legal defense costs. The requirement for liability coverage is  
in addition to other insurance requirements of act 218. The transporter shall comply with  
the liability coverage requirements of this subrule by obtaining an insurance policy in  
accordance with the provisions of subrule (2) of this rule or by passing the financial test  
specified in the provisions of subrule (3) of this rule.  
(2) Each insurance policy that is obtained by a transporter to fulfill the requirements of  
this rule must comply with all the following provisions:  
(a) The policy must include a provision that the insurer notify the director 30 days  
before either of the following:  
(i) Cancellation or termination of the insurance by either party for any reason.  
(ii) A material change to the policy for any reason.  
(b) The policy must be issued by an insurer that, at a minimum, is licensed to transact  
the business of insurance, or eligible to provide insurance as an excess or surplus line  
insurer, in th state.  
(c) The deductible written into the policy must not be more than 5% of the per  
occurrence limit of liability of the policy. If more than one policy is used to provide the  
coverage required by this rule, the total of all deductibles must not be more than 5% of  
the total of the per occurrence limits of the policies used.  
(d) The policy must be amended by attaching an endorsement on a form provided by  
the director.  
(3) A transporter may satisfy the liability coverage requirements of this rule by  
demonstrating that the transporter passes a financial test as specified in this rule. To pass  
the test, the transporter shall meet 1 of the following criteria:  
(a) A transporter shall comply with all the following provisions:  
(i) Have a net working capital and a tangible net worth that, for each, is not less than  
6 times the amount of liability coverage to be demonstrated by the test.  
(ii) Have a tangible net worth of not less than $10,000,000.00.  
(iii) Have assets in the United States that amount to not less than 90% of the  
transporter's total assets or not less than 6 times the amount of liability coverage to be  
demonstrated by the test.  
(b) A transporter shall comply with all the following provisions:  
(i) Have a current rating for its senior unsecured debt of AAA, AA, A, or BBB as  
issued by standard and poor's or Aaa, Aa, A, or Baa as issued by Moody's.  
(ii) Have tangible net worth of not less than $10,000,000.00.  
(iii) Have a tangible net worth that is not less than 6 times the amount of liability  
coverage to be demonstrated by the test.  
(iv) Have assets in the United States that amount to not less than 90% of the  
transporter's total assets or not less than 6 times the amount of liability coverage to be  
demonstrated by the test.  
(4) As used in this rule, "amount of liability coverage" refers to the annual aggregate  
amounts for which coverage is required pursuant to the provisions of subrule (1) of this  
rule.  
(5) A transporter shall demonstrate the existence of the liability coverage required  
pursuant to this rule by submitting either of the following to the director:  
(a) All information that is necessary to meet the financial test requirements of  
264  
subrule (3) of this rule, as follows:  
(i) A letter that is signed by the transporter's chief financial officer and is worded as  
specified by the director.  
(ii) A copy of the independent certified public accountant's report on examining the  
transporter's financial statements for the latest completed fiscal year.  
(iii) A special report from the transporter's independent certified public accountant to  
the transporter on comparison of the data presented in the chief financial officer's letter to  
the independently audited, year-end financial statements. The special report must  
describe the agreed-upon procedures performed and related findings, including whether  
or not there were any discrepancies found.  
(b) An endorsement provided by the director that shows that the coverage required in  
this rule has been obtained by the transporter. The transporter shall submit a signed  
duplicate original of each insurance endorsement. If requested by the director, the  
transporter shall provide signed duplicate originals of all insurance policies that are  
needed to fulfill the requirements of this rule.  
(6) After the initial submission of the items specified in subrule (5)(a) of this rule, the  
transporter shall send updated information to the director within 90 days after the close of  
each succeeding fiscal year. The information must consist of all the items specified in  
subrule (5)(a) of this rule.  
(7) A transporter using insurance to satisfy the liability coverage requirements of this  
rule shall submit to the director the endorsement required under subrule (5)(b) of this rule  
for the renewal or replacement policy on issuance of the renewal or replacement policy.  
(8) If underlying policies that are required pursuant to the provisions of subrule (2) of  
this rule do not provide sufficient limits of liability, then the transporter shall amend the  
policy by attaching an excess liability insurance endorsement on a form provided by the  
director.  
(9) If a transporter is using the financial test to demonstrate financial responsibility for  
liability coverage required pursuant to the provisions of this rule and no longer meets the  
requirements of subrule (3) of this rule, then the transporter shall send notice to the  
director of the intent to obtain an insurance policy as specified in this rule. The  
transporter shall send the notice by certified mail within 90 days after the end of the fiscal  
year for which yearend financial data show that the transporter no longer meets the  
requirements of subrule (3) of this rule. The transporter shall obtain liability insurance  
within 120 days after the end of the fiscal year.  
(10) The director may disallow the use of a financial test to meet the requirements of  
this rule on the basis of qualifications in the opinion expressed by the independent  
certified public accountant in the report upon examining the transporter's financial  
statements. An adverse opinion or disclaimer of opinion is cause for the disallowance of  
the use of a financial test to meet the requirements of subrule (1) of this rule. The  
director shall evaluate other qualifications on an individual basis. The transporter shall  
obtain an insurance policy as specified in this rule within 30 days after notification of the  
disallowance.  
R 299.9712 Cost estimate for corrective action.  
Rule 712. (1) The owner or operator of a facility that is required to perform corrective  
action pursuant to the provisions of part 111 or these rules shall have a detailed written  
265  
estimate, in current dollars, of the cost of performing corrective action at the facility in  
accordance with the provisions of R 299.9629.  
(2) The cost estimate must be based on the cost of hiring a third-party to complete the  
corrective action measures required pursuant to the provisions of R 299.9629.  
(3) The cost estimate must not incorporate any salvage value for the sale of hazardous  
wastes, facility structures or equipment, land, or other facility assets.  
(4) When preparing the cost estimate, the owner or operator shall not incorporate a zero  
cost for hazardous waste that may have economic value.  
(5) The owner or operator shall adjust the cost estimate for inflation within the 60-day  
period before the anniversary date of the establishment of the financial mechanisms used  
to comply with the provisions of R 299.9713. For owners and operators that use the  
financial test or corporate guarantee, the cost estimate for corrective action must be  
updated within 30 days after the close of the firm's fiscal year and before the submission  
of updated information to the director. The adjustment for inflation may be made by  
recalculating the costs in current dollars or by using an inflation factor that is derived  
from the most recent annual implicit price deflator for gross national product published  
by the United States Department of Commerce in its survey of current business.  
(6) The owner or operator shall adjust the cost estimate for corrective action not later  
than 30 days after the director has approved a modification to the corrective action  
program if the modification increases the cost of corrective action.  
R 299.9713 Financial assurance for corrective action.  
Rule 713. (1) The owner or operator shall establish financial assurance for the cost of  
performing corrective action at the facility in accordance with the provisions of  
R 299.9629.  
(2) The owner or operator shall maintain the financial assurance for corrective action  
until the corrective action is completed and the owner or operator is released from this  
requirement by the director.  
(3) During the period in which the corrective action program is implemented, the  
director may approve a reduction in the amount of financial assurance that is required for  
corrective action if the owner or operator demonstrates, to the director's satisfaction, that  
the amount of the financial assurance exceeds the remaining cost of corrective action.  
(4) If the director issues a notice of violation or other order to the owner or operator  
alleging a violation of the corrective action program, the director may, after providing the  
owner or operator 7 days' notice and an opportunity for a hearing, access funds to correct  
violations, complete corrective action, and maintain the facility in accordance with the  
corrective action program.  
(5) Within 60 days after receiving certification from the owner or operator and an  
independent registered professional engineer that corrective action has been completed in  
accordance with the corrective action program, the director shall notify the owner or  
operator, in writing, that the owner or operator is no longer required by this rule to  
maintain financial assurance for corrective action at a particular facility, unless the  
director has reason to believe that any aspect of corrective action has not been completed  
in accordance with the corrective action program. The director shall provide the owner  
or operator with a detailed written statement of any reason to believe that corrective  
action has not been completed in accordance with the corrective action program.  
266  
(6) An owner or operator shall notify the director, by certified mail, of the  
commencement of a voluntary or involuntary proceeding under the provisions the  
bankruptcy reform act of 1978, of Public Law 95-598, naming the owner or operator as  
debtor, within 10 days after commencement of the proceeding.  
(7) An owner or operator that fulfills the requirements of this rule by obtaining a trust  
fund, surety bond, letter of credit, or insurance policy shall be deemed to be without the  
required financial assurance in the event of bankruptcy of the trustee or issuing  
institution, a suspension or revocation of the authority of the trustee institution to act as a  
trustee, or a suspension or revocation of the authority of the institution issuing the surety  
bond, letter of credit, or insurance policy to issue the instruments. The owner or operator  
shall establish other financial assurance within 60 days after any event specified in this  
subrule.  
PART 8. MANAGEMENT OF SPECIFIC HAZARDOUS WASTES,  
SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES,  
AND USED OIL  
R 299.9801 Recyclable materials used in manner constituting disposal.  
Rule 801. (1) The requirements of this rule apply to recyclable materials that are  
applied to or placed on the land in either of the following ways:  
(a) Without mixing with another substance.  
(b) After mixing or combining with another substance or substances.  
(2) The materials specified in subrule (1) of this rule are referred to in this rule as  
materials "used in a manner that constitutes disposal."  
(3) Products produced for the general public's use that are used in a manner that  
constitutes disposal and that contain recyclable materials are not presently subject to  
regulation under these rules if the recyclable materials have undergone a chemical  
reaction in the course of producing the product so as to become inseparable by physical  
means and if the products comply with the applicable treatment standards specified in  
R 299.9313, R 299.9413, and R 299.9627, or if no treatment standards have been  
established, the applicable prohibition levels specified in 40 CFR 268.32 or  
section 3004(d) of RCRA, 42 USC 6924, for each recyclable material that the products  
contain, and the recycler complies with 40 CFR 268.7(b)(6).  
(4) An antiskid/deicing use of slags that are generated from the high temperature metals  
recovery (HTMR) processing of K061, K062, and F006 in a manner that constitutes  
disposal is not covered by the exemption in subrule (3) of this rule and the use remains  
subject to regulation under part 111 and these rules.  
(5) Fertilizers that contain recyclable materials are not subject to regulation provided  
that they meet both of the following conditions:  
(a) They are zinc fertilizers excluded from the definition of waste according to  
R 299.9204(1)(x).  
(b) They meet the applicable treatment standards in 40 CFR part 268, subpart D for  
each hazardous waste they contain.  
(6) Generators and transporters of materials that are used in a manner that constitutes  
disposal are subject to the applicable requirements of parts 3 and 4 of these rules.  
(7) Owners or operators of facilities that store recyclable materials that are to be used in  
267  
a manner that constitutes disposal, but are not the ultimate users of the materials, are  
regulated pursuant to all the applicable provisions of parts 5, 6, and 7 of these rules.  
(8) Owners or operators of facilities that use recyclable materials in a manner that  
constitutes disposal are regulated pursuant to all the applicable provisions of parts 5, 6,  
and 7 of these rules, except that these requirements do not apply to products that contain  
these recyclable materials pursuant to subrule (3) of this rule.  
(9) Waste, used oil, or other material that is contaminated with a hazardous waste must  
not be used for dust suppression or road treatment.  
R 299.9803 Recyclable materials utilized for precious metals recovery.  
Rule 803. (1) The requirements of this rule apply to recyclable materials that are  
reclaimed to recover economically significant amounts of any of the following elements:  
(a) Gold.  
(b) Silver.  
(c) Platinum.  
(d) Palladium.  
(e) Iridium.  
(f) Osmium.  
(g) Rhodium.  
(h) Ruthenium.  
(i) Any combination of the elements listed in subdivisions (a) to (h) of this subrule.  
(2) Persons that generate, transport, or store recyclable materials that are regulated under  
this rule are subject to the following requirements:  
(a) For generators, the identification number requirements of R 299.9308 and manifest  
requirements of R 299.9309.  
(b) For transporters, the requirements of part 4 of these rules.  
(c) For persons that store, the manifest requirements of R 299.9608.  
(d) For persons that export precious metals to, or import precious metals from,  
designated OECD member countries for recovery, the requirements of R 299.9314 and 40  
CFR 265.12(a)(2).  
(e) For persons that export precious metals to, or import precious metals from,  
non-OECD member countries for recovery, the requirements of R 299.9314.  
(3) Persons that store recyclable materials that are regulated under this rule shall keep all  
the following records to document that the storage does not constitute speculative  
accumulation:  
(a) Records showing the volume of these materials stored at the beginning of the  
calendar year.  
(b) The amount of these materials generated or received during the calendar year.  
(c) The amount of these materials remaining at the end of the calendar year.  
(4) Recyclable materials that are regulated under this rule and that are accumulated  
speculatively are subject to all applicable provisions of these rules.  
(5) The director may decide, on a case-by-case basis, that persons accumulating or  
storing recyclable materials from which precious metals are reclaimed shall be regulated  
under R 299.9206(1). The basis for this decision is that the materials are being  
accumulated or stored in a manner that does not protect human health and the  
environment because the materials or their toxic constituents have not been adequately  
268  
contained or because the materials being accumulated or stored together are  
incompatible. In making this decision, the director shall consider all the following  
factors:  
(a) The types of materials accumulated or stored and the amounts accumulated or  
stored.  
(b) The methods of accumulation or storage.  
(c) The length of time the materials have been accumulated or stored before being  
reclaimed.  
(d) Whether any contaminants are being released into the environment or are likely to  
be so released.  
(e) Other relevant factors.  
(6) The director shall use the following procedures when determining whether to  
regulate hazardous waste recycling activities involving recyclable materials from which  
precious metals are reclaimed under R 299.9206(1) rather than under subrules (1) to (4)  
of this rule:  
(a) If a generator is accumulating the waste, the director shall issue a notice setting  
forth the factual basis for the decision and stating that the person shall comply with part 3  
of these rules. The notice becomes final after 30 days unless the person served contests  
the decision under act 306. As part of the appeal procedure under act 306, the director  
shall hold a public hearing, provide notice of the public hearing, and allow public  
participation at the hearing. After the appeal procedures of act 306 are completed, the  
director shall issue a final order stating if compliance with part 3 of these rules is  
required. The order becomes effective 30 days after service of the decision, unless the  
director specifies a later date or unless review by the director is requested. The order  
may be appealed to the director by any person that participated in the public hearing. The  
director may choose to grant or to deny the appeal. Final action occurs when a final order  
is issued and appeal procedures under act 306 are exhausted.  
(b) If the person accumulating the recyclable material is a storage facility, then the  
notice must state that the person shall obtain an operating license in accordance with all  
applicable provisions of part 5 of these rules. The owner or operator shall apply for an  
operating license within not less than 60 days and not more than 6 months of notice, as  
specified in the notice. If the owner or operator wishes to contest the director's decision  
under act 306, then the owner or operator may do so in the license application, in a public  
hearing held on the draft license, or in comments filed on the draft license or in the notice  
of intent to deny the license. The fact sheet accompanying the license must specify the  
reasons for the director’s determination. The question of whether the director’s decision  
was proper remains open for consideration during all public comment periods and  
hearings.  
R 299.9804 Spent lead acid batteries being reclaimed.  
Rule 804. (1) The requirements of this rule apply to persons that generate, collect,  
transport, store, or regenerate spent lead acid batteries for reclamation purposes.  
(2) Persons that manage spent lead acid batteries that will be reclaimed through  
regeneration are not subject to parts 3 to 7 of these rules except for the requirements of  
R 299.9302 and R 299.9311(1). These persons shall also comply with the requirements  
of part 2 of these rules.  
269  
(3) Persons that generate, collect, or transport spent lead acid batteries that will be  
reclaimed by a means other than regeneration are not subject to parts 3 to 7 of these rules  
except for the requirements of R 299.9302 and R 299.9311(1). These persons shall also  
comply with the requirements of part 2 of these rules and 40 CFR part 268.  
(4) Persons that store spent lead acid batteries that will be reclaimed by a means other  
than regeneration but do not reclaim the batteries themselves are not subject to parts 3 to  
7 of these rules except for the requirements of R 299.9302 and R 299.9311(1). These  
persons shall also comply with the requirements of part 2 of these rules and  
40 CFR part 268.  
(5) Persons that store spent lead acid batteries that will be reclaimed by a means other  
than regeneration and store these batteries before reclaiming the batteries themselves are  
subject to all applicable requirements of R 299.9302, R 299.9311(1), and parts 2, 5, 6,  
and 7 of these rules, except for the manifest requirements of R 299.9608.  
(6) Persons that manage spent lead acid batteries that will be reclaimed by a means other  
than regeneration and do not store these batteries before reclaiming the batteries  
themselves are not subject to parts 3 to 7 of these rules except for the requirements of  
R 299.9302 and R 299.9311(1). These persons shall also comply with the requirements  
of part 2 of these rules and 40 CFR part 268.  
(7) Persons that export spent lead acid batteries for reclamation through regeneration or  
another means in a foreign country are not subject to parts 3 to 7 of these rules except for  
the requirements of R 299.9302, R 299.9311(1), and R 299.9314. These persons shall  
also comply with the requirements of part 2 of these rules.  
(8) Persons that transport spent lead acid batteries in the United States that are to be  
exported for reclamation through regeneration or another means in a foreign country are  
not subject to parts 4 to 7 of these rules. These persons shall comply with the  
requirements of R 299.9314.  
(9) Persons that store spent lead acid batteries imported from a foreign country that will  
be reclaimed by a means other than regeneration but do not reclaim the batteries  
themselves are not subject to parts 3 to 7 of these rules except for the requirements of  
R 299.9302, R 299.9311(1), R 299.9314, and 40 CFR part 268. These persons shall also  
comply with the requirements of part 2 of these rules.  
(10) Persons that store spent lead acid batteries imported from a foreign country that  
will be reclaimed by a means other than regeneration before reclaiming the batteries  
themselves are subject to all applicable requirements of R 299.9302, R 299.9311(1),  
R 299.9314, and parts 2, 5, 6, and 7 of these rules, except for the manifest requirements  
of R 299.9608.  
(11) Persons that import spent lead acid batteries from a foreign country that will be  
reclaimed by a means other than regeneration and do not store the batteries before  
reclaiming the batteries themselves are not subject to parts 3 to 7 of these rules except for  
the requirements of R 299.9302, R 299.9311(1), R 299.9314, and 40 CFR part 268.  
These persons shall also comply with the requirements of part 2 of these rules.  
(12) Instead of managing spent lead acid batteries in accordance with this rule, persons  
may manage spent lead acid batteries as universal wastes in accordance with the  
requirements of R 299.9228.  
(13) 40 CFR part 268 is adopted by reference in R 299.11003. For the purposes of  
adoption, the term "R 299.9312(1)" replaces the term "§262.41," the term "R 299.9309"  
270  
replaces the term "40 CFR 262, subpart B," the term "R 299.9804" replaces the term  
"40 CFR 266, subpart G," and the term "R 299.9228 and R 299.9229" replaces the term  
"40 CFR part 273."  
R 299.9808 Management of hazardous waste burned in boilers and industrial furnaces.  
Rule 808. (1) The requirements of this rule apply to hazardous waste that is burned or  
processed in a boiler or industrial furnace irrespective of the purpose of the burning or  
processing, except as noted in subrules (2) to (4) of this rule. For this rule, the term  
"burn" means burning hazardous waste for energy recovery or destruction or processing  
hazardous waste for materials recovery or as an ingredient.  
(2) The following hazardous wastes and facilities are not subject to this rule:  
(a) Used oil burned for energy recovery that is also a hazardous waste solely because it  
exhibits a characteristic of hazardous waste identified in R 299.9212. The used oil is  
subject to regulation under R 299.9809 to R 299.9816.  
(b) Gas recovered from hazardous waste or solid waste landfills when the gas is burned  
for energy recovery.  
(c) Hazardous wastes that are exempt from regulation under R 299.9204 and  
R 299.9206(3)(c) to (f), and hazardous wastes that are subject to the special requirements  
for very small quantity generators pursuant to R 299.9304.  
(d) Coke ovens, if the only hazardous waste burned in an oven is K087.  
(3) The following owners or operators are not subject to regulation under this rule,  
except as noted:  
(a) An owner or operator of a smelting, melting, and refining furnace, including  
pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry  
furnaces, that processes hazardous waste solely for metal recovery is exempt from  
regulation under this rule, except for the requirements of subrules (6) and (8) of this rule,  
if the owner or operator complies with the requirements of 40 CFR 266.100(d). The  
exemption does not apply to cement kilns, aggregate kilns, or halogen acid furnaces that  
process hazardous waste solely for metals recovery.  
(b) An owner or operator of a smelting, melting, and refining furnace, including  
pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry  
furnaces, that processes hazardous waste for recovery of economically significant  
amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium,  
rhodium, or ruthenium, or any combination of the metals, is exempt from regulation  
under this rule, except for the requirements of subrule (8) of this rule, if the owner or  
operator complies with the requirements of 40 CFR 266.100(g).  
(c) An owner or operator of a facility that burns, in an on-site boiler or industrial  
furnace that is exempt from regulation under the small quantity provisions of  
40 CFR 266.108, hazardous waste that the facility has generated is exempt from  
regulation under parts 5 to 7 of these rules for storage units that store mixtures of  
hazardous waste and the primary fuel to the boiler or industrial furnace in tanks that feed  
the fuel mixture directly to the burner. The storage of hazardous waste before mixing it  
with the primary fuel is subject to subrule (6) of this rule.  
(d) An owner or operator of a facility that burns hazardous waste in an on-site boiler or  
industrial furnace, if all the small quantity exemption criteria outlined in 40 CFR 266.108  
are met.  
271  
(4) Except as noted in this subrule, part 8 of these rules does not apply to owners and  
operators of a new cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel  
boiler, or hydrochloric acid production furnace that becomes subject to the license  
requirements of these rules after October 12, 2005, or to owners or operators of an  
existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or  
hydrochloric acid production furnace if the owner or operator demonstrates compliance  
with the air emission standards and limitations in 40 CFR part 63, subpart EEE, by  
conducting a comprehensive performance test and submitting to the director a  
notification of compliance under 40 CFR 63.1207(j) and 63.1210(d) that documents  
compliance with the requirements of 40 CFR part 63, subpart EEE. Nevertheless, after  
this compliance demonstration is made, the operating license conditions that are based on  
the standards of part 8 of these rules continue to be in effect until they are removed from  
the operating license or the operating license is terminated or revoked, unless the  
operating license expressly provides otherwise. The director may apply this subrule and  
subrule (5) of this rule, on a case-by-case basis, for collecting information pursuant to  
R 299.9504(18) and (20) and R 299.9521(3)(b) and (c).  
(5) The maximum achievable control technology standards of 40 CFR part 63,  
subpart EEE, do not supersede any of the following requirements:  
(a) R 299.9601, R 299.9605 to R 299.9610, R 299.9612, R 299.9613, R 299.9630,  
R 299.9631, R 299.9808(8), and part 7 of these rules and 40 CFR part 265, subparts A to  
D, F, G, BB, and CC, and 266.102(e)(11), 266.103(l), 266.111, 266.112, except  
266.112(a) and (c), as applicable.  
(b) The particulate matter standard of 40 CFR 266.105 if the owner or operator elects to  
comply with the alternative to the particulate matter standard under 40 CFR 63.1216(e)  
and 63.1217(e).  
(c) The following requirements remain in effect for startup, shutdown, and malfunction  
events even if a person elects to comply with 40 CFR 270.235(a)(1)(i) to minimize  
emissions of toxic compounds from these events, or for source areas if a person elects to  
comply with 40 CFR 266.105 to 266.107 and the associated requirements for particulate  
matter, hydrogen chloride and chlorine gas, and non-mercury metals:  
(i) The requirements of 40 CFR 266.102(e)(1) that require that a boiler or industrial  
furnace operate pursuant to the operating requirements specified in the operating license  
at all times that hazardous waste is in the unit.  
(ii) The requirements of 40 CFR 266.102(e)(2)(iii) that require compliance with the  
emission standards and operating requirements during startup and shutdown if hazardous  
waste is in the combustion chamber, except for particular hazardous wastes.  
(d) The following requirements remain in effect for owners or operators of a boiler or  
hydrochloric acid production furnace that is an area source under 40 CFR 63.2 if the  
owner or operator does not elect to comply with the emission standards under  
40 CFR 63.1216, 63.1217, and 63.1218 for particulate matter, semivolatile and low  
volatile metals, and total chlorine:  
(i) The requirements of 40 CFR 266.105.  
(ii) The requirements of 40 CFR 266.106.  
(iii) The requirements of 40 CFR 266.107.  
(6) A generator and a transporter of hazardous waste that is burned in a boiler or  
industrial furnace shall comply with parts 3 and 4 of these rules, respectively.  
272  
(7) An owner or operator of a facility that stores hazardous waste that is burned in a  
boiler or industrial furnace shall comply with the applicable requirements of parts 5 to 7  
of these rules. The requirements of parts 5 to 7 of these rules apply to the storage by the  
burner and to storage facilities operated by intermediaries, including processors, blenders,  
distributors, between the generator and the burner.  
(8) An owner or operator of a boiler or an industrial furnace that burns hazardous waste  
shall comply with the applicable requirements of parts 5 to 7 of these rules and  
40 CFR part 266, subpart H and appendices I to XIII; except 266.100(a) and (b), 266.101,  
266.102(a), and 266.112(a) and (c); and 270.66.  
(9) A residue derived from the burning or processing of hazardous waste in a boiler or  
industrial furnace is not excluded from the definition of hazardous waste under  
R 299.9204(2)(d), (i), and (k), unless the device and the owner or operator complies with  
all the following requirements:  
(a) The device meets the following criteria:  
(i) If the device is a boiler, it must burn not less than 50% coal on a total heat input or  
mass input basis, whichever results in the greater mass feed rate of coal.  
(ii) If the device is an industrial furnace subject to R 299.9204(2)(i), it must process  
not less than 50%, by weight, normal, nonhazardous raw materials.  
(iii) If the device is a cement kiln, it must process not less than 50%, by weight, normal  
cement production raw materials.  
(b) The owner or operator demonstrates, in writing, to the director's satisfaction, that  
the hazardous waste does not significantly affect the residue by demonstrating  
conformance with the criteria outlined in 40 CFR 266.112(b).  
(c) Records sufficient to document compliance with this subrule must be retained until  
closure of the boiler or industrial furnace unit. At a minimum, the following information  
must be included in the records, as applicable:  
(i) The levels of constituents in 40 CFR part 261, appendix VIII, that are present in  
waste-derived residues.  
(ii) If the waste-derived residue is compared with normal residue under this subrule,  
then all the following information must be documented in the records:  
(A) The levels of constituents in 40 CFR part 261, appendix VIII, that are present in  
normal residues.  
(B) Data and information, including analyses of samples as necessary, that were  
obtained to determine if changes in raw materials or fuels would reduce the concentration  
of toxic constituents of concern in the normal residue.  
(10) 40 CFR parts 265, subparts A to D, F, G, BB, and CC, and 266, subpart H and  
appendices I to XIII, except 40 CFR 266.100(a) and (b), 266.101, 266.102(a), and  
266.112(a) and (c), 40 CFR 270.66, and 270.235(a)(1)(i) are adopted by reference in  
R 299.11003. For 40 CFR part 266, subpart H and 270.66, the term "director" replaces  
the term "regional administrator."  
R 299.9809 Used oil regulation; applicability.  
Rule 809. (1) Used oil and the following materials are subject to regulation as used oil  
under R 299.9810 to R 299.9816, unless otherwise specified in subrule (2) of this rule:  
(a) A mixture of used oil and hazardous waste, except a mixture of used oil and  
halogenated hazardous waste listed under R 299.9213 or R 299.9214, generated by a very  
273  
small quantity generator that is regulated under R 299.9304.  
(b) A material that contains, or is otherwise contaminated with, used oil and is burned  
for energy recovery.  
(c) Used oil that is drained or removed from materials that contain, or are otherwise  
contaminated with, used oil.  
(d) A mixture of used oil and fuel.  
(e) A material that is produced from used oil and that is burned for energy recovery.  
(f) Used oil that is burned for energy recovery and any fuel produced from used oil by  
processing, blending, or other treatment if it exceeds any of the used oil specifications.  
Specification used oil is used oil that does not exceed any of the used oil specifications.  
Off-specification used oil is used oil that exceeds any of the specifications specified in  
this subdivision. The used oil specifications are as follows:  
(i) A maximum arsenic concentration of 5 parts per million.  
(ii) A maximum cadmium concentration of 2 parts per million.  
(iii) A maximum chromium concentration of 10 parts per million.  
(iv) A maximum lead concentration of 100 parts per million.  
(v) A minimum flash point of 100 degrees Fahrenheit.  
(vi) A maximum total halogen concentration of 4,000 parts per million.  
(g) Used oil that is recycled and is also a hazardous waste solely because it exhibits a  
hazardous characteristic.  
(h) Used oil that contains polychlorinated biphenyls at any concentration less than  
50 parts per million unless, because of dilution, it is regulated under 40 CFR part 761 as a  
used oil that contains polychlorinated biphenyls at concentrations of 50 parts per million  
or greater. The used oil may also be subject to 40 CFR part 761, including  
40 CFR 761.20(d) and (e). Marketers and burners of used oil that market used oil that  
contains any quantifiable level, 2 parts per million or greater, of polychlorinated  
biphenyls are also subject to the requirements of 40 CFR 761.20(e).  
(2) The following materials are not subject to regulation as used oil under R 299.9810 to  
R 299.9816, but may be subject to regulation as a hazardous waste under part 111 and  
these rules:  
(a) A mixture of used oil and hazardous waste, except as specified in subrule (1)(a) of  
this rule.  
(b) Used oil that contains more than 1,000 parts per million total halogens is presumed  
to be a hazardous waste and is regulated under part 111 and these rules. A person may  
rebut the presumption by demonstrating that the used oil does not contain hazardous  
waste. The demonstration may be made by showing that the used oil does not contain  
significant concentrations of halogenated hazardous constituents that are listed in  
40 CFR part 261, appendix VIII. The rebuttable presumption rule does not apply to the  
following materials:  
(i) Metalworking oils or fluids that contain chlorinated paraffins if the oils or fluids are  
processed through a tolling arrangement as specified in 40 CFR 279.24(c) to reclaim the  
oils or fluids. The rebuttable presumption does apply, however, if the oils or fluids are  
recycled in another manner or disposed of.  
(ii) Used oil that is contaminated with chlorofluorocarbons that have been removed  
from refrigeration units if the chlorofluorocarbons are destined for reclamation. The  
rebuttable presumption does apply, however, if the used oil is contaminated with  
274  
chlorofluorocarbons that have been mixed with used oil from sources other than  
refrigeration units.  
(c) A material that contains, or is otherwise contaminated with, used oil if the used oil  
has been properly drained or removed to the extent possible so that visible signs of  
free-flowing oil do not remain in or on the material and the material is not burned for  
energy recovery.  
(d) A mixture of used oil and diesel fuel that is mixed onsite by the generator of the  
used oil for use in the generator's own vehicles. Before mixing, the used oil is regulated  
under subrule (1) of this rule.  
(e) Used oil and materials that are derived from used oil and that are disposed of or  
used in a manner constituting disposal.  
(f) Used oil re-refining distillation bottoms that are used as a feedstock to manufacture  
asphalt products.  
(g) Wastewater, the discharge of which is subject to regulation pursuant to either  
section 307(b) or 402 of the federal clean water act, 33 USC 1317 and 1342, including  
wastewater at facilities that have eliminated the discharge of wastewater, that is  
contaminated with de minimis quantities of used oil. As used in this subdivision, "de  
minimis quantities of used oil" means small spills, leaks, or other drippings from pumps,  
machinery, pipes, and other similar equipment during normal operations or small  
amounts of oil lost to the wastewater treatment system during washing or draining  
operations. De minimis quantities of used oil do not include used oil discarded as a result  
of abnormal manufacturing operations that result in substantial leaks, spills, or other  
releases or to used oil recovered from wastewaters.  
(h) Used oil mixed with crude oil or natural gas liquids for insertion into a crude oil  
pipeline. Before mixing with crude oil or natural gas liquids, the used oil is regulated  
under subrule (1) of this rule.  
(i) A mixture of used oil and crude oil or natural gas liquids that contains less than 1%  
used oil if the mixture is being stored, or transported to a crude oil pipeline or petroleum  
refining facility, for  
insertion into the refining process at a point before crude distillation or catalytic cracking.  
(j) Used oil that is inserted into the petroleum refining facility process before crude  
distillation or catalytic cracking without prior mixing if the used oil constitutes less than  
1% of the crude oil feed to any petroleum refining facility process unit at any given time.  
Before insertion into the petroleum refining facility, the used oil is regulated under  
subrule (1) of this rule.  
(k) Used oil that is introduced into a petroleum refining facility process after crude  
distillation or catalytic cracking if the used oil meets the used oil specifications under  
subrule (1)(f) of this rule. Before insertion into the petroleum refining facility process,  
the used oil is regulated under subrule (1) of this rule.  
(l) Used oil that is incidentally captured by a hydrocarbon recovery system or  
wastewater treatment system as part of routine process operations at a petroleum refining  
facility and inserted into the petroleum refining process. Used oil that is intentionally  
introduced into a hydrocarbon recovery system or wastewater treatment system is  
regulated as a used oil under subrule (1) of this rule.  
(m) Tank bottoms from stock tanks that contain exempt mixtures of used oil and crude  
oil or natural gas liquids.  
275  
(n) Used oil that is produced on vessels from normal shipboard operations. Once the  
used oil is transported ashore, which is when the used oil is considered to be generated by  
the owner or operator of the vessel and the person removing or accepting the used oil  
from the vessel, then the used oil is regulated under subrule (1) of this rule.  
(o) Specification used oil fuel when the person that determined that the used oil fuel is  
specification used oil fuel demonstrates compliance with the requirements of  
R 299.9815(3)(b), (c), and (f) and 40 CFR 279.73.  
(p) Used oil that contains polychlorinated biphenyls at concentrations of 50 parts per  
million or greater. This used oil is subject to regulation under 40 CFR part 761. No  
person may avoid these provisions by diluting used oil that contains polychlorinated  
biphenyls, unless otherwise specifically provided for under part 8 of these rules or under  
40 CFR part 761.  
(3) 40 CFR part 761 is adopted by reference in R 299.11003.  
R 299.9810 Used oil generators; requirements.  
Rule 810. (1) The requirements of this rule apply to a used oil generator, unless  
otherwise specified in subrule (2).  
(2) The requirements of this rule do not apply to the following:  
(a) A household do-it-yourselfer used oil generator.  
(b) A farmer who generates, in a calendar year, an average of 25 gallons per month or  
less of used oil from vehicles or machinery used on the farm.  
(3) A used oil generator shall comply with the provisions of 40 CFR 279.22, 279.23,  
and 279.24, except 279.22(a).  
(4) A used oil generator shall not store used oil in units other than containers or tanks.  
The used oil tanks may be used oil aboveground tanks.  
(5) The provisions of 40 CFR 279.22, 279.23, and 279.24, except 279.22(a), are  
adopted by reference in R 299.11003. For the purposes of the adoption, the word  
"director" replaces the words "regional administrator."  
R 299.9812 Used oil transporters and transfer facilities; requirements.  
Rule 812. (1) The requirements of this rule apply to a used oil transporter unless  
otherwise specified in subrule (2) of this rule.  
(2) The requirements of this rule do not apply to any of the following:  
(a) The onsite transportation of used oil by the generator.  
(b) A used oil generator that transports shipments of used oil that total 55 gallons or  
less from the generator to a used oil collection center as specified in the provisions of  
40 CFR 279.24(a).  
(c) A used oil generator that transports shipments of used oil that total 55 gallons or  
less from the generator to a used oil aggregation point that is owned or operated by the  
same generator as specified in the provisions of 40 CFR 279.24(b).  
(d) The transportation of used oil from household do-it-yourselfers to a regulated used  
oil generator, used oil collection center, used oil aggregation point, processor or rerefiner,  
or a used oil burner. The exemption does not apply to the transportation of collected  
household do-it-yourselfer used oil from a used oil generator, used oil collection center,  
used oil aggregation point, or other facilities where household do-it-yourselfer used oil is  
collected.  
276  
(3) A used oil transporter and an owner or operator of a used oil transfer shall comply  
with the provisions of 40 CFR 279.41, 279.42, 279.43, 279.45, and 279.46, except  
279.45(b).  
(4) A used oil transporter shall ensure that the used oil being transported or stored at a  
transfer facility is not a hazardous waste pursuant to the provisions of R 299.9809(2)(b).  
The determination must be made by testing the used oil, applying knowledge of the  
halogen content of the used oil in light of the materials or processes used, or by obtaining  
copies of analyses or other information from the generator. Records of the analyses  
conducted or information used to comply with this subrule must be maintained by the  
transporter for a period of not less than 3 years.  
(5) An owner or operator of a used oil transfer facility shall not store used oil in units  
other than containers or tanks.  
(6) A used oil transporter that generates residues from the storage or transport of used  
oil shall manage the residues in accordance with part 111 and these rules.  
(7) The provisions of 40 CFR 279.24, 279.41, 279.42, 279.43, 279.45, and 279.46,  
except 279.45(b), are adopted by reference in R 299.11003. For the purposes of the  
adoption, the word "director" replaces the words "regional administrator," and the term  
"R 299.9813" replaces the words "subpart F of this chapter."  
R 299.9813 Used oil processors and rerefiners; requirements.  
Rule 813. (1) The requirements of this rule apply to an owner or operator of a facility  
that processes used oil, unless otherwise specified in subrule (2) of this rule.  
(2) The requirements of this rule do not apply to any of the following:  
(a) Incidental processing that occurs during the normal course of transportation as  
provided in 40 CFR 279.41.  
(b) Incidental processing that occurs during the normal course of used oil management  
before burning as provided in 40 CFR 279.61(b).  
(c) A used oil generator that performs any of the following activities is not a processor  
if the used oil is generated onsite and is not being sent offsite to a burner of specification  
or off-specification used oil fuel:  
(i) Filtering, cleaning, or otherwise reconditioning used oil before returning it for  
reuse by the generator.  
(ii) Separating used oil from wastewater generated onsite to make the wastewater  
acceptable for discharge or reuse pursuant to section 307(b) or 402 of the federal clean  
water act, 33 USC 1317 and 1342, or other applicable federal or state requirements  
governing the management or discharge of wastewaters.  
(iii) Using oil mist collectors to remove small droplets of used oil from in-plant air to  
make plant air suitable for continued recirculation.  
(iv) Draining or otherwise removing used oil from materials that contain, or are  
otherwise contaminated with, used oil to remove excessive oil to the extent possible  
pursuant to the provisions of R 299.9809(2)(c).  
(v) Filtering, separating, or otherwise reconditioning used oil before burning it in a  
space heater pursuant to the provisions of 40 CFR 279.23.  
(3) An owner or operator of a facility that processes used oil shall comply with the  
provisions of 40 CFR 279.51, 279.52, 279.54, 279.55, 279.56, 279.57, and 279.58, except  
279.54(a).  
277  
(4) An owner or operator of a facility that processes used oil shall ensure that the used  
oil is not a hazardous waste pursuant to the provisions of R 299.9809(2)(b). The  
determination must be made by testing the used oil or applying knowledge of the halogen  
content of the used oil in light of the materials or processes used. Records of the analyses  
conducted or information used to comply with this subrule must be maintained by the  
owner or operator for a period of not less than 3 years.  
(5) An owner or operator of a facility that processes used oil shall not store used oil in  
units other than containers or tanks.  
(6) An owner or operator of a facility that generates residues from the storage,  
processing, or rerefining of used oil shall manage the residues in accordance with  
part 111 and these rules.  
(7) The provisions of 40 CFR 279.41, 279.51, 279.52, 279.54, 279.55, 279.56, 279.57,  
279.58, and 279.61, except 279.54(a), are adopted by reference in R 299.11003. For the  
purposes of the adoption, the word "director" replaces the words "regional administrator"  
and the term "R 299.9813" replaces the words "subpart F of this chapter."  
R 299.9814 Used oil burners that burn off-specification used oil for energy recovery;  
requirements.  
Rule 814. (1) The requirements of this rule apply to an owner or operator of a facility  
that burns used oil for energy recovery, unless otherwise specified in subrule (2) of this  
rule.  
(2) The requirements of this rule do not apply to any of the following:  
(a) A facility that burns used oil for energy recovery under either of the following  
conditions:  
(i) The used oil is burned by a used oil generator in an onsite space heater pursuant to  
the provisions of 40 CFR 279.23.  
(ii) The used oil is burned by a used oil processor or rerefiner for processing used oil,  
which is considered burning incidentally to used oil processing.  
(b) A person that burns specification used oil if the burner complies with the  
requirements of R 299.9815.  
(3) A used oil burner shall comply with both of the following restrictions on burning:  
(a) Off-specification used oil fuel must be burned for energy recovery in only the  
following types of devices:  
(i) An industrial furnace.  
(ii) A boiler that meets 1 of the following criteria:  
(A) It is an industrial boiler that is located on the site of a facility that is engaged in a  
manufacturing process where substances are transformed into new products, including  
component parts of products, by mechanical or chemical processes.  
(B) It is a utility boiler that is used to produce electric power, steam, heated or cooled  
air, or other gases or fluids for sale.  
(C) It is a used oil-fired space heater if the burner complies with the provisions of  
40 CFR 279.23.  
(iii) A hazardous waste incinerator subject to regulation under part 6 of these rules.  
(b) A used oil burner may aggregate off-pecification used oil with virgin oil or  
specification used oil for burning but shall not conduct the aggregation for producing  
specification used oil fuel.  
278  
(4) A used oil burner shall comply with the provisions of 40 CFR 279.62, 279.64,  
279.65, and 279.66, except 279.64(a).  
(5) A used oil burner shall ensure that the used oil managed at the used oil burner  
facility is not a hazardous waste pursuant to the provisions of R 299.9809(2)(b). The  
determination must be made by testing the used oil, applying knowledge of the halogen  
content of the used oil in light of the materials or processes used, by obtaining copies of  
analyses or other information from the generator, or, if the used oil has been received  
from a processor or rerefiner regulated under the provisions of R 299.9813, using the  
information provided by the processor or rerefiner. Records of the analyses conducted or  
information used to comply with this subrule must be maintained by the burner for a  
period of not less than 3 years.  
(6) A used oil burner shall not store used oil in units other than containers or tanks.  
(7) A used oil burner that generates residues from the storage or burning of used oil  
shall manage the residues in accordance with part 111 and these rules.  
(8) The provisions of 40 CFR 279.23, 279.62, 279.64, 279.65, and 279.66, except  
279.64(a), are adopted by reference in R 299.11003. For the purposes of the adoption,  
the word "director" replaces the words "regional administrator."  
R 299.9815 Used oil fuel marketers; requirements.  
Rule 815. (1) The requirements of this rule apply to a person that conducts either of the  
following activities:  
(a) Directs a shipment of off-specification used oil from their facility to a used oil  
burner.  
(b) First claims that the used oil that is to be burned for energy recovery meets the used  
oil specifications of R 299.9809(1)(f).  
(2) The requirements of this rule do not apply to the following:  
(a) A used oil generator, and a transporter that transports used oil that is received only  
from generators, unless the generator or transporter directs a shipment of off-specification  
used oil from their facility to a used oil burner. Used oil processors or rerefiners that  
burn some used oil fuel for processing are considered to be burning incidentally to  
processing. A used oil generator or transporter that directs shipments of off-specification  
used oil to used oil processors or rerefiners that incidentally burn used oil is not a used oil  
fuel marketer subject the requirements of this rule.  
(b) A person that directs shipments of specification used oil fuel and s not the first  
person to claim that the used oil meets the used oil specification of R 299.9809(1)(f).  
(3) A used oil fuel marketer shall comply with all the following requirements:  
(a) Initiate shipments of off-specification used oil only to a used oil burner that  
complies with both of the following requirements:  
(i) Has a site identification number.  
(ii) Burns the used oil in an industrial furnace or boiler as identified in  
R 299.9814(3)(a).  
(b) Determine that the used oil that is to be burned for energy recovery meets the used  
oil specifications of R 299.9809(1)(f) by performing analyses of the used oil or by  
obtaining copies of analyses or other information documenting that the used oil meets the  
specifications.  
(c) Maintain copies of the analyses of the used oil or other information used to make  
279  
the determination that the used oil meets the used oil specifications of R 299.9809(1)(f)  
for a period of 3 years after the determination is made.  
(d) The provisions of 40 CFR 279.73 and 279.75.  
(e) Maintain a record of each shipment of off-specification used oil to a used oil burner  
for a period of not less than 3 years from the date of shipment. The records must take the  
form of a log, invoice, manifest, bill of lading, or other shipping documents. The records  
for each shipment must include all the following information:  
(i) The name, address, and site identification number of the transporter that delivers  
the used oil to the burner.  
(ii) The name, address, and site identification number of the burner that will receive  
the used oil.  
(iii) The quantity of used oil shipped.  
(iv) The date of the used oil shipment.  
(f) Maintain a record of each shipment of specification used oil to the facilities to  
which the marketer delivers the used oil for a period of not less than 3 years from the date  
of shipment. The records must take the form of log, invoice, manifest, bill of lading, or  
other shipping documents. The records for each shipment must include all the following  
information:  
(i) The name and address of the facility that receives the shipment.  
(ii) The quantity of used oil fuel delivered.  
(iii) The date of the shipment or delivery.  
(iv) A cross-reference to the record of used oil analysis or other information used to  
make the determination that the used oil meets the used oil specifications of  
R 299.9809(1)(f).  
(4) The provisions of 40 CFR 279.73 and 279.75 are adopted by reference in  
R 299.11003. For the purposes of the adoption, the word "director" replaces the words  
"regional administrator."  
R 299.9816 Used oil disposal; requirements.  
Rule 816. (1) The requirements of this rule apply to all used oil that cannot be recycled  
and is therefore being disposed of. Used oil is assumed to be recycled unless the used oil  
handler disposes of the used oil or sends it for disposal.  
(2) Used oil that is not hazardous waste and cannot be recycled in accordance with the  
provisions of R 299.9810 to R 299.9815 must be managed in accordance with the  
applicable federal and state regulations.  
(3) The use of used oil as a dust suppressant is prohibited.  
R 299.9817 Military munitions; applicability.  
Rule 817. (1) Persons handling waste military munitions shall comply with the  
requirements of this rule and R 299.9818 to R 299.9821.  
(2) Unless otherwise specified in this rule or R 299.9818 to R 299.9821, all applicable  
requirements of these rules apply to waste military munitions.  
(3) A military munition is not a waste if it meets one of the following criteria:  
(a) It is used for its intended purpose, including any of the following:  
(i) Use in training military personnel or explosives and munitions emergency response  
specialists that may include the destruction of unused propellant or other munitions.  
280  
(ii) Use in research, development, testing, and evaluation of military munitions,  
weapons, or weapons systems.  
(iii) Recovery, collection, and on-range destruction of unexploded ordnance and  
munitions fragments during range clearance activities at active or inactive ranges.  
However, in this case, "use for intended purpose" does not include the on-range disposal  
or burial of unexploded ordnance and contaminants if the burial is not a result of product  
use.  
(b) It is an unused munition, or component thereof, which is being repaired, reused,  
recycled, reclaimed, disassembled, reconfigured, or otherwise subjected to materials  
recovery activities, unless the activities involve use constituting disposal or burning for  
energy recovery under R 299.9202.  
(4) An unused military munition is a waste if any of the following occurs:  
(a) The munition is abandoned by being disposed of, burned, detonated, incinerated,  
(b) The munition is being removed from storage in a military magazine or other  
storage area for being disposed of, burned, or incinerated, or treated before disposal.  
(c) The munition is deteriorated or damaged to the point that it cannot be put into  
serviceable condition and cannot reasonably be recycled or used for other purposes. For  
the purposes of this provision, the term “damaged” means cracked, leaking, or other  
impairment that compromises the integrity of the munition.  
(d) The munition has been declared a waste by an authorized military official.  
(5) A used or fired military munition is a waste if either of the following occurs:  
(a) The munition is transported off range or from the site of use, where the site of use  
is not a range, for storage, reclamation, treatment, disposal, or treatment before disposal.  
(b) If the munition is recovered, collected, and disposed of by burial, or landfilling  
either on or off range.  
(6) For the purposes of part 111, a used or fired military munition is a waste and  
therefore, is potentially subject to corrective action and imminent and substantial  
endangerment authorities under part 111, if the munition lands off-range and is not  
promptly rendered safe or retrieved. Any imminent and substantial threats associated  
with any remaining material must be addressed. If remedial action is infeasible, the  
operator of the range shall maintain a record of the event for as long as any threat  
remains. The record must include the type of munition and its location to the extent the  
location is known.  
R 299.9818 Military munitions; waste munitions transportation standards.  
Rule 818. (1) A person transporting waste military munitions shall comply with the  
requirements of 40 CFR 266.203.  
(2) The provisions of 40 CFR 266.203 are adopted by reference in R 299.11003. For  
the purposes of the adoption, the words "40 CFR part 261" mean "part 2 of these rules"  
and the words "40 CFR parts 260 to 270" mean "these rules."  
R 299.9819 Military munitions; emergency response standards.  
Rule 819. Explosives and munitions emergencies involving military munitions or  
explosives must comply with R 299.9301(8), R 299.9401(6), R 299.9501(3), and  
R 299.9503(2).  
281  
R 299.9820 Military munitions; waste munitions storage standards.  
Rule 820. (1) Any person storing waste military munitions shall comply with the  
requirements of 40 CFR 266.205(a), (b), (d), and (e)  
(2) Any person not complying with the criteria outlined in 40 CFR 266.205(a) is subject  
to the requirements of parts 5 and 6 of these rules.  
(3) The provisions of 40 CFR 266.205(a), (b), (d), and (e) are adopted by reference in  
R 299.11003. For the purposes of this adoption, the words "part 2 of these rules" replace  
the words "40 CFR part 261," the words "the act and these rules” replace the words  
"RCRA subtitle C," and the words "these rules" replace the words "40 CFR parts 260  
through 279."  
R 299.9821 Military munitions; waste munitions standards.  
Rule 821. The treatment and disposal of military munitions that are considered a  
hazardous waste under these rules are subject to all the applicable licensing, procedural,  
and technical requirements of these rules.  
R 299.9822 Low-level mixed waste storage and treatment; conditional exemption,  
eligibility, and standards.  
Rule 822. (1) Persons storing and treating LLMW shall comply with these rules unless  
otherwise specified in this rule.  
(2) LLMW is exempt from the definition of hazardous waste under the storage and  
treatment conditional exemption if both of the following requirements are met:  
(a) The LLMW meets the eligibility requirements of subrule (3) of this rule.  
(b) Persons storing and treating the LLMW comply with subrule (4) of this rule.  
(3) LLMW is eligible for the LLMW storage and treatment conditional exemption if it  
is generated and managed under a single NRC or NRC agreement state license. A facility  
that receives LLMW generated at a facility with a different NRC or NRC agreement state  
license number is subject to the operating license requirements under parts 5 and 6 of  
these rules and is ineligible for the conditional exemption in subrule (2) of this rule.  
NARM waste is also ineligible for the conditional exemption in subrule (2) of this rule.  
(4) To qualify for and maintain the LLMW storage and treatment conditional  
exemption, persons storing and treating LLMW shall comply with all the following  
requirements:  
(a) Provide to the department by certified delivery written notification that the  
conditional exemption is being claimed. The notification must be provided to the  
department within 90 days after the effective date of this rule or within 90 days after a  
storage or treatment unit is first used to store or treat conditionally exempt LLMW. The  
dated notification shall include all the following information:  
(i) The applicant's name.  
(ii) The applicant's address.  
(iii) The applicant's site identification number.  
(iv) The applicant's NRC or NRC agreement state license number.  
(v) The hazardous waste number or numbers of the waste for which the exemption is  
being sought.  
(vi) The storage unit or units and treatment unit or units for which the exemption is  
being sought.  
282  
(vii) A statement that the applicant meets the conditions of this rule.  
(viii) The signature of an authorized representative certifying that the information in  
the notification is true, accurate, and complete.  
(b) Store the LLMW in tanks or containers that comply with the requirements of the  
NRC or NRC agreement state license that apply to the proper storage of LLRW, not  
including those requirements that relate solely to recordkeeping.  
(c) Store the LLMW in tanks or containers that comply with the chemical  
compatibility requirements for tanks or containers in part 6 of these rules.  
(d) Certify that facility personnel that manage stored conditionally exempt LLMW are  
trained in a manner that ensures that the conditionally exempt waste is safely managed  
and includes training in chemical waste management and hazardous materials incidents  
response that meets the personnel training standards of 40 CFR 265.16(a)(3).  
(e) Conduct an inventory of the stored conditionally exempt LLMW not less than  
annually and inspect the waste not less than quarterly for compliance with this rule and  
R 299.9823, as applicable.  
(f) Maintain an accurate emergency plan and provide the plan to all local authorities  
that may have to respond to a fire, explosion, or release of hazardous waste or hazardous  
constituents. The plan must include all the following information:  
(i) A description of the emergency response arrangements with local authorities.  
(ii) A description of the evacuation plans.  
(iii) A list of the names, addresses, and telephone numbers of all facility personnel  
qualified to work with local authorities as emergency coordinators.  
(iv) A list of the emergency equipment.  
(g) Only treat the LLMW at the facility within a tank or container pursuant to the terms  
of the NRC or NRC agreement state license. Treatment that cannot be conducted in a  
tank or container without an operating license under these rules, such as incineration, is  
not allowed under the conditional exemption of subrule (2) of this rule.  
(5) Failure to comply with the requirements of subrule (4) of this rule must result in the  
automatic loss of the conditional exemption of subrule (2) of this rule. If the exemption  
is lost, the person handling the LLMW shall comply with all the following requirements:  
(a) Immediately manage the waste associated with the failure as a hazardous waste.  
The associated storage or treatment unit or units become subject to the hazardous waste  
tank and container storage and treatment requirements of these rules, as applicable.  
(b) Provide a written report by certified delivery to the department and the NRC, or the  
oversight agency in the NRC agreement state. The report must be submitted within  
30 days after learning of the failure to comply. The report must be signed by an  
authorized representative certifying that the information provided in the report is true,  
accurate, and complete. The report must include all the following information:  
(i) The specific conditions that were not met.  
(ii) The waste name associated with the LLMW.  
(iii) The hazardous waste number associated with the LLMW.  
(iv) The quantity of LLMW involved.  
(v) The storage or treatment location at the facility.  
(vi) The date or dates that the failure to meet the conditions occurred.  
(6) If the failure to meet any of the LLMW storage and treatment conditional  
exemption conditions may endanger human health or the environment, oral notification to  
283  
the department must be made within 24 hours and follow-up written notification must be  
provided within 5 days. Failures that may endanger human health or the environment  
include, but are not limited to, the discharge of a CERCLA reportable quantity, leaking or  
exploding tanks or containers, detection of radionuclides above background, or detection  
of hazardous constituents in the leachate collection system of a storage area. Failures that  
may endanger human health or the environment require execution of emergency plans.  
(7) The department may terminate a LLMW storage and treatment conditional  
exemption, or require additional conditions to claim an exemption, for serious or repeated  
noncompliance with any of the requirements of this rule and R 299.9823.  
(8) Persons that have lost their LLMW storage and treatment conditional exemption  
may regain their exemption by complying with all the following requirements:  
(a) Complying with subrule (4) of this rule.  
(b) Providing to the department by certified delivery written notification that the  
exemption is being reclaimed. The notification must be signed by an authorized  
representative certifying that the information contained in the notice is true, accurate, and  
complete. The notification must contain all the following information:  
(i) An explanation of the circumstances surrounding each failure to comply.  
(ii) A certification that each failure has been corrected and that all the conditions  
required for the exemption have been met as of the specified date.  
(iii) A description of the plans that have been implemented, listing the specific steps  
taken to ensure that all the conditions required for the exemption will be met in the  
future.  
(iv) Other information that should be considered by the department in reviewing the  
notice to reclaim the exemption.  
(9) The department may terminate a reclaimed LLMW storage and treatment  
conditional exemption if the department finds that the claim is inappropriate based on  
factors including, but not limited to, any of the following:  
(a) Not correcting the problem that resulted in loss of the exemption.  
(b) Providing an unsatisfactory explanation of the circumstances surrounding the  
failure to comply with the requirements for the exemption.  
(c) Not implementing a plan with steps to prevent another failure to comply with the  
requirements for the exemption.  
(10) When reviewing a request to reclaim the LLMW storage and treatment conditional  
exemption under subrule (8) of this rule, the department may add additional conditions to  
the LLMW storage and treatment conditional exemption to ensure that the waste  
management during the storage and treatment of the waste will protect human health and  
the environment.  
(11) In addition to the records required by a NRC or NRC agreement state license, all  
the following records must be maintained:  
(a) Initial notification records, return receipts, reports regarding failure to meet the  
exemption conditions, and all records supporting any reclamation of an exemption.  
(b) Records of the LLMW annual inventories and quarterly inspections.  
(c) Certification that facility personnel that manage stored or treated LLMW are  
trained in the safe management of the waste, including training in chemical waste  
management and hazardous materials incidents response.  
(d) The emergency plan specified in subrule (4)(f) of this rule.  
284  
(12) Records concerning notifications, personnel training, and emergency plans must be  
maintained at the facility for as long as the LLMW storage and treatment conditional  
exemption is claimed and for 3 years afterwards, or pursuant to NRC regulations under  
10 CFR part 20 or equivalent NRC agreement state regulations, whichever is longer.  
Records concerning annual inventories and quarterly inspections must be maintained at  
the facility for 3 years after the waste is sent for disposal, or pursuant to NRC regulations  
under 10 CFR part 20 or equivalent NRC agreement state regulations, whichever is  
longer.  
(13) The LLMW storage and treatment conditional exemption does not apply in the  
following situations:  
(a) Once the LLMW has met the requirements of the NRC or NRC agreement state  
license for decay-in-storage and can be disposed of as nonradioactive waste. On that  
date, the waste is subject to regulation as a hazardous waste under these rules and the  
time period for accumulation of hazardous waste specified in part 3 of these rules begins.  
(b) Once the LLMW, which has been generated and stored or treated under a single  
NRC or NRC agreement state license number, is removed from storage. However, the  
LLMW may qualify for the transportation and disposal conditional exemption in  
R 299.9823.  
(14) Facilities that have been used to store only LLMW before the effective date of this  
rule, and after that date, store only LLMW, which becomes exempt under this rule or  
R 299.9823, are not subject to the closure requirements of part 6 of these rules. Storage  
and treatment units, or portions of storage and treatment units, that have been used to  
store both LLMW and non-mixed hazardous waste before the effective date of this rule or  
are used to store both wastes after that date, remain subject to the closure requirements  
with respect to the non-mixed hazardous waste.  
(15) The provisions of 10 CFR part 20 and 40 CFR 265.16(a)(3) are adopted by  
reference in R 299.11003.  
R 299.9823 Low-level mixed waste and NARM waste transportation and disposal;  
conditional exemption, eligibility, and standards.  
Rule 823. (1) Persons transporting and disposing of LLMW and NARM waste shall  
comply with the requirements of these rules unless otherwise specified in this rule.  
(2) LLMW and NARM waste are exempt from the definition of hazardous waste under  
the transportation and disposal conditional exemption if both of the following  
requirements are met:  
(a) The waste meets the eligibility requirements of subrule (3) of this rule.  
(b) Persons transporting or disposing of the waste comply with subrule (4) of this rule.  
(3) Waste is eligible for the transportation and disposal conditional exemption if it  
meets the LLMW acceptance criteria of a low-level radioactive waste disposal facility or  
is eligible NARM waste.  
(4) To qualify for and maintain the transportation and disposal conditional exemption,  
persons transporting or disposing of LLMW or eligible NARM waste shall comply with  
all the following requirements:  
(a) Provide to the department by certified delivery a 1-time written notification that the  
exemption is being claimed. This notification must be provided before the initial  
285  
shipment of exempted radioactive waste from the facility to a low-level radioactive waste  
disposal facility. The dated notification must include all the following information:  
(i) The name of the facility from which the waste will be shipped.  
(ii) The address of the facility from which the waste will be shipped.  
(iii) The telephone number of the facility from which the waste will be shipped.  
(iv) The site identification number of the facility from which the waste will be  
shipped.  
(b) A notification to the low-level radioactive waste disposal facility receiving the  
exempted radioactive waste. The notification must be sent by certified delivery and  
provided before shipment of each exempted radioactive waste. The exempted radioactive  
waste may only be shipped when the facility shipping the waste has received the return  
receipt of the notice to the low--level radioactive waste disposal facility. The notification  
must include all the following information:  
(i) A statement that the exemption is being claimed for the waste.  
(ii) A statement that the eligible waste meets the applicable land disposal restriction  
treatment standards.  
(iii) The shipping facility's name.  
(iv) The shipping facility's address.  
(v) The shipping facility's site identification number.  
(vi) The applicable hazardous waste number or numbers before the exemption of the  
waste.  
(vii) A statement that the exempted radioactive waste must be placed in a container  
pursuant to subdivision (e) of this subrule before disposal in order for the waste to remain  
exempt under the transportation and disposal conditional exemption.  
(viii) The manifest number of the shipment that will contain the exempted radioactive  
waste.  
(ix) The signature of an authorized representative certifying that the information in the  
notification is true, accurate, and complete.  
(c) The LLMW and eligible NARM waste must meet or be treated to meet the land  
disposal restriction treatment standards specified in 40 CFR part 268, subpart D.  
(d) If a person is not already subject to NRC or NRC agreement state equivalent  
manifest and transportation regulations for shipping waste, the person shall manifest the  
waste pursuant to 10 CFR 20.2006, or NRC agreement state equivalent regulations, and  
transport the waste pursuant to 10 CFR 71.5, or NRC agreement state equivalent  
regulations.  
(e) The LLMW and eligible NARM waste must be in containers when it is disposed of  
in the low-level radioactive waste disposal facility. The containers must be 1 of the  
following:  
(i) A carbon steel drum.  
(ii) An alternative container with equivalent containment performance in the disposal  
environment as a carbon steel drum.  
(iii) A high integrity container as defined by NRC.  
(f) The LLMW and eligible NARM waste must be disposed of at a designated  
low-level radioactive waste disposal facility that is regulated and licensed by the NRC  
under 10 CFR part 61 or by an NRC agreement state under equivalent state regulations,  
including state NARM licensing regulations for eligible NARM waste.  
286  
(5) The transportation and disposal conditional exemption shall become effective when  
all the following requirements have been met:  
(a) The LLMW and eligible NARM waste meets the applicable land disposal  
restriction treatment standards.  
(b) The shipping facility has received return receipts that the department and the  
low-level radioactive waste disposal facility have received the notifications referenced in  
subrule (4) of this rule.  
(c) The shipping facility has completed the packaging and preparation for shipment  
requirements for the waste according to 10 CFR part 71 or NRC agreement state  
equivalent regulations, and the manifest for the waste has been prepared according to  
10 CFR part 20 or NRC agreement state equivalent regulations.  
(d) The LLMW and eligible NARM waste has been placed on a transportation vehicle  
destined for a low-level radioactive waste disposal facility licensed by the NRC or an  
NRC agreement state.  
(6) Failure to comply with subrule (4) of this rule results in the automatic loss of the  
conditional exemption of subrule (2) of this rule. If the exemption is lost, the person  
handling the LLMW or eligible NARM waste shall provide a written report by certified  
delivery to the department and the NRC, or the oversight agency in the NRC agreement  
state. The report must be submitted within 30 days after learning of the failure to  
comply. The report must be signed by an authorized representative certifying that the  
information provided in the report is true, accurate, and complete. The report must  
include all the following information:  
(a) The specific conditions that were not met.  
(b) The name of the waste losing the exemption.  
(c) The hazardous waste number of the waste losing the exemption.  
(d) The quantity of waste losing the exemption.  
(e) The dates on which the failure to meet the conditions occurred.  
(7) If the failure to meet any of the transportation and disposal conditional exemption  
conditions may endanger human health or the environment, oral notification to the  
department must be made within 24 hours and follow up written notification must be  
provided within 5 days.  
(8) The department may terminate a transportation and disposal conditional exemption,  
or require additional conditions to claim an exemption, for serious or repeated  
noncompliance with any of the requirements of this rule and R 299.9822.  
(9) A person that has lost a transportation and disposal conditional exemption may  
regain an exemption. The exemption may only be reclaimed after receipt of the return  
receipt confirming that the department has received the notification of loss of the  
exemption, and by complying with all the following requirements:  
(a) Complying with subrule (4) of this rule.  
(b) Providing to the department by certified delivery written notification that the  
exemption is being reclaimed. The notification must be signed by an authorized  
representative certifying that the information contained in the notice is true, accurate, and  
complete. The notification must contain all the following information:  
(i) An explanation of the circumstances surrounding each failure to comply.  
(ii) A certification that each failure has been corrected and that all the conditions  
required for the exemption have been met as of the specified date.  
287  
(iii) A description of the plans that have been implemented, listing the specific steps  
taken to ensure that all the conditions required for the exemption will be met in the  
future.  
(iv) Other information that should be considered by the department in reviewing the  
notice to reclaim the exemption.  
(10) The department may terminate a reclaimed transportation and disposal conditional  
exemption if the department finds that the claim is inappropriate based on factors  
including, but not limited to, any of the following:  
(a) Not correcting the problem that resulted in loss of the exemption.  
(b) Providing an unsatisfactory explanation of the circumstances surrounding the  
failure to comply with the requirements for the exemption.  
(c) Not implementing a plan with steps to prevent another failure to comply with the  
requirements for the exemption.  
(11) When reviewing a request to reclaim the transportation and disposal conditional  
exemption, the department may add additional conditions to the transportation and  
disposal conditional exemption to ensure that the waste management during the  
transportation and disposal activities will protect human health and the environment.  
(12) In addition to the records required by a NRC or NRC agreement state license, all  
the following records must be maintained:  
(a) The records required pursuant to R 299.9601(1) and (2) and 40 CFR 268.7 to  
demonstrate that the waste has met the land disposal restriction treatment standards  
before claiming the exemption.  
(b) Notification records and return receipts required pursuant to subrules (6), (7), and  
(9) of this rule. This information must be maintained at the facility for 3 years after the  
exempted radioactive waste is sent for disposal.  
(c) Notification records and return receipts required pursuant to subrule (4)(a) of this  
rule. This information must be maintained for 3 years after the last exempted radioactive  
waste is sent for disposal.  
(d) Notification records and return receipts required pursuant to subrule (4)(b) of this  
rule. This information must be maintained for 3 years after the exempted radioactive  
waste is sent for disposal.  
(e) If a person is not already subject to the NRC or NRC agreement state equivalent  
manifest and transportation regulations for the shipment of the waste, all other documents  
related to tracking the exempted radioactive waste as required under 10 CFR 20.2006 or  
NRC agreement state equivalent regulations, including applicable NARM requirements.  
(13) The provisions of 10 CFR 71.5, and 10 CFR parts 20 and 61 are adopted by  
reference in R 299.11003.  
R 299.9824 Hazardous waste pharmaceuticals and hazardous waste ENDS;  
applicability.  
Rule 824. (1) A healthcare facility or ENDS retailer that is a very small quantity  
generator when counting all its hazardous waste, including both hazardous waste  
pharmaceuticals and non-pharmaceutical hazardous waste, shall comply with all the  
following requirements:  
(a) R 299.9304.  
(b) The optional provisions of R 299.9827.  
288  
(c) R 299.9828.  
(d) R 299.9830.  
(2) A healthcare facility or ENDS retailer that is a very small quantity generator when  
counting all its hazardous waste, including both hazardous waste pharmaceuticals and  
non-pharmaceutical hazardous waste, may comply with subrule (4) of this rule for  
management of its hazardous waste pharmaceuticals and hazardous waste ENDS instead  
of R 299.9304 and the optional provisions of R 299.9827.  
(3) A healthcare facility, ENDS retailer, or reverse distributor is subject to all  
applicable hazardous waste regulations for management of its non-pharmaceutical  
hazardous waste.  
(4) With the exception of healthcare facilities and ENDS retailers identified in subrule  
(1) of this rule, a healthcare facility or ENDS retailer is subject to all the following  
requirements instead of parts 3 to 7 of these rules:  
(a) R 299.9825 and R 299.9828 to R 299.9831 for management of the following:  
(i) Non-creditable hazardous waste.  
(ii) Potentially creditable hazardous waste pharmaceuticals if they are not destined for a  
reverse distributor.  
(b) R 299.9825(1), R 299.9826, R 299.9828 to R 299.9830, and R 299.9832 for  
management of potentially creditable hazardous waste pharmaceuticals that are  
prescription pharmaceuticals and destined for a reverse distributor.  
(5) A reverse distributor is subject to R 299.9828 to R 299.9833 instead of parts 3 to 7  
of these rules for management of hazardous waste pharmaceuticals.  
(6) Hazardous waste pharmaceuticals and hazardous waste ENDS generated or  
managed by entities other than healthcare facilities, ENDS retailers, or reverse  
distributors are subject to part 3 of these rules for the generation and accumulation of  
hazardous wastes, including hazardous waste pharmaceuticals and hazardous waste  
ENDS.  
(7) The following are not subject to these rules, except as specified:  
(a) Pharmaceuticals and ENDS that are not wastes because they are legitimately used  
or reused or reclaimed.  
(b) Non-prescription pharmaceuticals and ENDS that are not wastes because they have  
a reasonable expectation of being legitimately used, reused, or reclaimed.  
(c) Pharmaceuticals and ENDS being managed in accordance with a recall strategy that  
has been approved by the FDA under 21 CFR part 7, subpart C. R 299.9824 to  
R 299.9833 apply to the management of the recalled hazardous waste pharmaceuticals and  
hazardous waste ENDS after the FDA approves the destruction of the recalled items.  
(d) Pharmaceuticals and ENDS managed in accordance with a recall corrective action  
plan that has been accepted by the Consumer Product Safety Commission under  
16 CFR part 1115. R 299.9824 to R 299.9833 apply to the management of the recalled  
hazardous waste pharmaceuticals and hazardous waste ENDS after the Consumer Product  
Safety Commission approves the destruction of the recalled items.  
(e) Pharmaceuticals and ENDS stored according to a preservation order, or during an  
investigation or judicial proceeding until after the preservation order, investigation, or  
judicial proceeding has concluded or a decision is made to discard the pharmaceuticals  
and ENDS.  
289  
(f) Investigational new drugs for which an investigational new drug application is in  
effect in accordance with the FDA’s regulations in 21 CFR part 312. R 299.9824 to  
R 299.9833 do apply to the management of the investigational new drug after the decision  
is made to discard the drug or the FDA approves the destruction of the drug if the drug is  
a hazardous waste.  
(g) Household waste pharmaceuticals and household waste ENDS, including those that  
have been collected by an authorized collector, if the authorized collector complies with  
the conditional exemption in R 299.9829(1).  
(8) The provisions of 16 CFR part 1115; 21 CFR part 7, subpart C; and 21 CFR part 312  
are adopted by reference in R 299.11004.  
R 299.9825 Hazardous waste pharmaceuticals and hazardous waste ENDS; standards for  
healthcare facilities and ENDS retailers managing non-creditable hazardous waste  
pharmaceuticals and hazardous waste ENDS.  
Rule 825. (1) The requirements of this rule apply to healthcare facilities managing  
non--creditable hazardous waste pharmaceuticals and ENDS retailers managing  
hazardous waste ENDS under R 299.9824 to R 288.9833. Healthcare facilities and  
ENDS retailers shall determine if their non-creditable pharmaceutical wastes or ENDS  
are a hazardous waste. The healthcare facility or ENDS retailer may choose to manage  
its non-hazardous waste pharmaceuticals or ENDS as non--creditable hazardous wastes.  
(2) Healthcare facilities or ENDS retailers shall notify the director that they are a  
healthcare facility or ENDS retailer operating under R 299.9824 to R 299.9833, using  
Michigan site identification form EQP5150, and obtain a site identification number if  
they do not already have one. The healthcare facility or ENDS retailer is not required to  
complete the portion of item 12 of the form on hazardous waste numbers for regulated  
hazardous waste for hazardous waste pharmaceuticals or hazardous waste ENDS.  
Separate notifications are required for each location or site identification number. The  
healthcare facility or ENDS retailer shall keep a copy of each notification on file for as  
long as the healthcare facility or ENDS retailer is subject to R 299.9824 to R 299.9833.  
(3) The notification required in subrule (2) of this rule must be submitted as follows:  
(a) As part of the healthcare facility or ENDS retailer’s next biennial report if it is  
required to submit one. Healthcare facilities and ENDS retailers are not subject to the  
biennial reporting requirements under R 299.9312, with respect to non-creditable  
hazardous waste pharmaceuticals or hazardous waste ENDS managed under R 299.9824  
to R 299.9833.  
(b) If not required to submit a biennial report, within 60 days after the effective date of  
R 299.9824 to R 299.9833 or within 60 days after becoming subject to R 299.9824 to  
R 299.9833.  
(4) A healthcare facility or ENDS retailer that operated under R 299.9824 to  
R 299.9833 but is no longer subject to those rules because it is a very small quantity  
generator under R 299.9304 and elects to withdraw from regulation under R 299.9824 to  
R 299.9833, shall notify the director, using the Michigan site identification form  
EQP5150, that it is no longer operating under R 299.9824 to R 299.9833. Withdraw  
notifications do not require completion of the portion of item 12 of the form on hazardous  
waste numbers for regulated hazardous waste for hazardous waste pharmaceuticals or  
hazardous waste ENDS. Separate notifications are required for each location or site  
290  
identification number. Withdraw notifications must be submitted before beginning  
operation under the conditional exemption in R 299.9304. The healthcare facility or  
ENDS retailer shall keep a copy of each withdraw notification on file for 3 years from the  
date of signature on the notification.  
(5) The healthcare facility or ENDS retailer shall ensure that all personnel that manage  
non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS are  
thoroughly familiar with proper waste handling and emergency procedures relevant to  
their responsibilities during normal facility operations and emergencies.  
(6) A healthcare facility or ENDS retailer accumulating non-creditable hazardous waste  
pharmaceuticals or hazardous waste ENDS shall comply with all the following container  
management requirements:  
(a) Non-creditable hazardous waste pharmaceuticals and hazardous waste ENDS must  
be placed in containers that are structurally sound, compatible with their contents, and  
lack evidence of leakage, spillage, or damage that could cause leakage under reasonably  
foreseeable conditions.  
(b) Manage containers of ignitable or reactive non-creditable hazardous waste  
pharmaceuticals or hazardous waste ENDS or mixed or commingled incompatible  
non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS in a manner  
that does not have the potential to do any of the following:  
(i) Generate extreme heat or pressure, fire or explosion, or violent reaction.  
(ii) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to  
threaten human health.  
(iii) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a  
risk of fire or explosion.  
(iv) Damage the structural integrity of the container.  
(v) Otherwise threaten human health or the environment.  
(c) Keep each container closed and secured in a manner that prevents unauthorized  
access to its contents.  
(d) Accumulate non-creditable hazardous waste pharmaceuticals or hazardous waste  
ENDS that are prohibited from being combusted because of the dilution prohibition under  
40 CFR 268.3(c) and non-hazardous non-creditable waste pharmaceuticals in separate  
containers.  
(e) Label or clearly mark each container of non-creditable hazardous waste  
pharmaceuticals or hazardous waste ENDS with the phrase "Hazardous Waste  
Pharmaceuticals" or “Hazardous Waste Electronic Nicotine Delivery Systems”,  
respectively, and all applicable hazardous waste numbers.  
(7) A healthcare facility or ENDS retailer may accumulate non-creditable hazardous  
waste pharmaceuticals or hazardous waste ENDS on-site for 1 year or less without an  
operating license or having interim status under these rules. The healthcare facility or  
ENDS retailer shall demonstrate the length of time the non-creditable hazardous waste  
pharmaceuticals or hazardous waste ENDS have been accumulating, starting from the  
date the pharmaceuticals or ENDS first become a waste. A healthcare facility or ENDS  
retailer may make this demonstration by any of the following methods:  
(a) Marking or labeling containers of non-creditable hazardous waste pharmaceuticals  
or hazardous waste ENDS with the date that the pharmaceuticals or ENDS became a  
waste.  
291  
(b) Maintaining an inventory system that identifies the date the non-creditable  
hazardous waste pharmaceuticals or hazardous waste ENDS being accumulated first  
became a waste.  
(c) Placing the non-creditable hazardous waste pharmaceuticals in a specific area and  
identifying the earliest date that any of the pharmaceuticals in the area became a waste.  
(d) Placing the hazardous waste ENDS in a specific area and identifying the earlier  
date that any of the systems in the area became a waste.  
(8) A healthcare facility accumulating non-creditable hazardous waste pharmaceuticals  
or an ENDS retailer accumulating hazardous waste ENDS shall comply with the  
requirements of 40 CFR part 268, except that the facility or retailer is not required to  
identify the hazardous waste numbers on the land disposal restrictions notification.  
(9) A healthcare facility that sends a shipment of non-creditable hazardous waste  
pharmaceuticals or an ENDS retailer that sends a shipment of hazardous waste ENDS to  
a designated facility with the understanding that the designated facility can accept and  
manage the waste, shall comply with the following requirements:  
(a) If the healthcare facility or ENDS retailer later receives that shipment back as a  
rejected load under the manifest discrepancy provisions of R 299.9608, accumulate the  
returned non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS  
on-site for up to an additional 90 days if the returned shipment is managed in accordance  
with subrule (6) of this rule. On receipt of the returned shipment, the healthcare facility  
or ENDS retailer shall do all of the following:  
(i) Sign either item 18c of the original manifest if the original manifest was used for  
the returned shipment or item 20 of the new manifest if a new manifest was used for the  
returned shipment.  
(ii) Provide the transporter with a copy of the manifest.  
(iii) Within 30 days of receipt of the rejected shipment, send a copy of the manifest to  
the designated facility that returned the shipment.  
(iv) Within 90 days of receipt of the rejected shipment, transport or offer for transport  
the returned shipment in accordance with R 299.9831(1).  
(b) If the healthcare facility or ENDS retailer does not receive a copy of the manifest  
with the signature of the owner or operator of the designated facility within 60 days of the  
date the non-creditable hazardous waste pharmaceuticals or hazardous waste ENDS were  
accepted by the initial transporter, the healthcare facility or ENDS retailer shall submit to  
the director both of the following:  
(i)A legible copy of the original manifest, indicating that the healthcare facility or  
ENDS retailer has not received confirmation of delivery.  
(ii) A handwritten or typed note on the manifest itself, or on an attached sheet of  
paper, stating that the return copy was not received and explaining the efforts taken to  
locate the noncreditable hazardous waste pharmaceuticals or hazardous waste ENDS and  
the results of those efforts.  
(c) If the healthcare facility or ENDS retailer does not receive a copy of the manifest  
for a rejected shipment of the non-creditable hazardous waste pharmaceuticals or  
hazardous waste ENDS that is forwarded by the designated facility to an alternate  
facility, with the signature of the owner or operator of the alternate facility within 60 days  
of the date the non-creditable hazardous waste pharmaceuticals or hazardous waste  
ENDS were accepted by the initial transporter forwarding the shipment from the  
292  
designated facility to the alternate facility, the healthcare facility or ENDS retailer shall  
submit to the director both of the following:  
(i) A legible copy of the original manifest, indicating that the healthcare facility or has  
not received confirmation of delivery.  
(ii) A handwritten or typed note on the manifest itself, or on an attached sheet of  
paper, stating that the return copy was not received and explaining the efforts taken to  
locate the noncreditable hazardous waste pharmaceuticals or hazardous waste ENDS and  
the results of those efforts.  
(10) The director may require healthcare facilities or ENDS retailers to furnish  
additional reports on the quantities and disposition of non-creditable hazardous waste  
pharmaceuticals or hazardous waste ENDS.  
(11) A healthcare facility or ENDS retailer shall keep the following records for the  
specified time periods, unless automatically extended during any unresolved enforcement  
action regarding the regulated activity or requested by the director, and make them  
readily available to the department up request:  
(a) A copy of each manifest signed in accordance with R 299.9309 for 3 years or until  
it receives a signed copy from the designated facility that received the non-creditable  
hazardous waste pharmaceuticals or hazardous waste ENDS. This signed copy must be  
retained for not less than 3 years from the date the waste was accepted by the initial  
transporter.  
(b) Each report submitted under subrule (9) of this rule for a period of not less than  
3 years from the date of the report.  
(c) Any test results, waste analyses, or other determinations made to support its  
hazardous waste determinations consistent with R 299.9302, for not less than 3 years  
from the date the waste was last sent to on-site or off-site treatment, storage, or disposal.  
A facility that manages all its non-creditable non-hazardous waste pharmaceuticals as  
non-creditable hazardous waste pharmaceuticals or an ENDS retailer that manages all its  
non-hazardous waste ENDS as hazardous waste ENDS is not required to keep  
documentation of hazardous waste determinations.  
(12) Healthcare facilities and ENDS retailers shall immediately contain all spills of  
non-creditable hazardous waste pharmaceuticals and hazardous waste ENDS and manage  
the spill clean-up materials as non-creditable hazardous waste pharmaceuticals or  
hazardous waste ENDS in accordance with the requirements of R 299.9824 to  
R 299.9833.  
(13) A healthcare facility or ENDS retailer may accept noncreditable hazardous waste  
pharmaceuticals or hazardous waste ENDS from an offsite healthcare facility or ENDS  
retailer that is a very small quantity generator, without an operating license or having  
interim status under these rules, if the receiving healthcare facility or ENDS retailer  
meets the following requirements:  
(a) Is under the control of the same person as the very small quantity generator  
healthcare facility or ENDS retailer that is sending the non-creditable hazardous waste  
pharmaceuticals or hazardous waste ENDS off-site or has a contractual or other  
documented business relationship whereby the receiving healthcare facility or ENDS  
retailer supplies pharmaceuticals or ENDS to the very small quantity generator healthcare  
facility or ENDS retailer. As used in this subdivision, "control" means the power to  
direct the policies of the healthcare facility or ENDS retailer, whether by the ownership  
293  
of stock, voting rights, or otherwise, except contractors that operate healthcare facilities  
or ENDS retailers on behalf of a different person do not control the healthcare facilities  
or ENDS retailers management of its non-creditable hazardous waste pharmaceuticals or  
hazardous waste ENDS.  
(b) Manages the non-creditable hazardous waste pharmaceuticals or hazardous waste  
ENDS that it receives from off-site in compliance with R 299.9824 to R 299.9833.  
(c) Keeps records of the non-creditable hazardous waste pharmaceuticals or hazardous  
waste ENDS shipments it receives from off-site for 3 years from the date that the  
shipment is received. This period of retention is extended automatically during any  
unresolved enforcement action regarding the regulated activity or as requested by the  
director.  
R 299.9826 Hazardous waste pharmaceuticals; standards for healthcare facilities  
managing potentially creditable hazardous waste pharmaceuticals.  
Rule 826. (1) The requirements of this rule apply to healthcare facilities managing  
potentially creditable hazardous waste pharmaceuticals under R 299.9824 to R 288.9833.  
Healthcare facilities shall determine if their potentially creditable pharmaceutical waste is  
a hazardous waste pharmaceutical. A healthcare facility may choose to manage its  
potentially creditable nonhazardous waste pharmaceuticals as potentially creditable  
hazardous waste pharmaceuticals.  
(2) A healthcare facility may accept potentially creditable hazardous waste  
pharmaceuticals from an offsite healthcare facility that is a very small quantity generator  
under R 299.9304, without an operating license or interim status under these rules, if the  
receiving healthcare facility meets all the following requirements:  
(a) Is under the control of the same person as the very small quantity generator  
healthcare facility that is sending the potentially creditable hazardous waste  
pharmaceuticals off-site or has a contractual or other documented business relationship  
whereby the receiving healthcare facility supplies pharmaceuticals to the very small  
quantity generator healthcare facility. As used in this subdivision, "control" means the  
power to direct the policies of the healthcare facility, whether by the ownership of stock,  
voting rights, or otherwise, except contractors that operate healthcare facilities on behalf  
of a different person do not control the healthcare facilities.  
(b) Is operating under R 299.9824 to R 299.9833 for the management of its potentially  
creditable hazardous waste pharmaceuticals.  
(c) Manages the potentially creditable hazardous waste pharmaceuticals that it receives  
from off-site in compliance with R 299.9224 to R 299.9833.  
(d) Keeps records of the potentially creditable hazardous waste pharmaceuticals  
shipments it receives for 3 years from the date the shipment is received.  
(3) Healthcare facilities are prohibited from sending hazardous wastes other than  
potentially creditable hazardous waste pharmaceuticals to a reverse distributor.  
(4) Healthcare facilities are not subject to biennial reporting requirements under  
R 299.9312 with respect to potentially creditable hazardous waste pharmaceuticals  
managed under R 299.9824 to R 299.9833.  
(5) A healthcare facility that initiates a shipment of potentially creditable hazardous  
waste pharmaceuticals to a reverse distributor shall keep the following paper or electronic  
records for each shipment of potentially creditable hazardous waste pharmaceuticals for  
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3 years from the date of shipment, unless automatically extended during any unresolved  
enforcement action regarding the regulated activity or requested by the director, and  
make the records readily available to the director on request:  
(a) The confirmation of delivery.  
(b) The shipping papers prepared in accordance with 49 CFR part 172, subpart C, if  
applicable.  
(6) A healthcare facility shall immediately contain all spills of potentially creditable  
hazardous waste pharmaceuticals and manage the spill clean-up materials as non-  
creditable hazardous waste pharmaceuticals in accordance with R 299.9824 to  
R 299.9833.  
R 299.9827 Hazardous waste pharmaceuticals and hazardous waste ENDS; standards for  
healthcare facilities and ENDS retailers that are very small quantity generators for  
hazardous waste pharmaceuticals or hazardous waste ENDS and non-pharmaceutical  
hazardous waste.  
Rule 827. (1) The requirements of this rule apply to healthcare facilities and ENDS  
retailers that are very small quantity generators for hazardous waste pharmaceuticals or  
hazardous waste ENDS and non-pharmaceutical hazardous waste.  
(2) Healthcare facilities or ENDS retailers that are very small quantity generator for  
both hazardous waste pharmaceuticals or hazardous waste ENDS and non-  
pharmaceutical hazardous waste may send its potentially creditable hazardous waste  
pharmaceuticals to a reverse distributor.  
(3) Healthcare facilities or ENDS retailers that are very small quantity generator for  
both hazardous waste pharmaceuticals or hazardous waste ENDS and non-  
pharmaceutical hazardous waste may send its hazardous waste pharmaceuticals or  
hazardous waste ENDS off-site to another healthcare facility or ENDS retailer if 1 of the  
following conditions are met:  
(a) The receiving healthcare facility or ENDS retailer meets the conditions in  
R 299.9825(13) and R 299.9826(2), as applicable.  
(b) The very small quantity generator healthcare facility or ENDS retailer meets the  
conditions in R 299.9304(1)(e)(xii) and the receiving large quantity generator meets the  
conditions in R 299.9307(6).  
(4) A long-term care facility that is a very small quantity generator for both hazardous  
waste pharmaceuticals or hazardous waste ENDS and non-pharmaceutical hazardous  
waste may dispose of its hazardous waste pharmaceuticals and hazardous waste ENDS,  
excluding contaminated personal protective equipment or clean-up materials, in an onsite  
collection receptacle of an authorized collector that is registered with the United States  
drug enforcement agency, if the contents are collected, stored, transported, destroyed, and  
disposed of in compliance with all applicable Unites States Drug Enforcement Agency  
regulations for controlled substances.  
(5) A long-term care facility with 20 beds or fewer is presumed to be a very small  
quantity generator subject to R 299.9304 for both hazardous waste pharmaceuticals or  
hazardous waste ENDS and non-pharmaceutical hazardous waste and is subject to  
R 299.9828, R 299.9830, and the optional provisions of R 299.9824 to R 299.9827,  
R 299.9829, and R 299.9831 to R 299.9833. The director shall demonstrate that a  
long-term care facility with 20 beds or fewer generates quantities of hazardous waste that  
295  
are greater than the very small quantity generator limits. A long-term care facility with  
more than 20 beds that operates as a very small quantity generator under R 299.9304  
shall demonstrate that it generates quantities of hazardous waste that are within the very  
small quantity generator limits.  
R 299.9828 Hazardous waste pharmaceuticals and hazardous waste ENDS; prohibition  
of sewering hazardous waste pharmaceuticals and hazardous waste ENDS.  
Rule 828. (1) All healthcare facilities and ENDS retailers, including very small  
quantity generators operating under R 299.9304 instead of R 299.9824 to R 299.9833,  
and reverse distributors are prohibited from discharging hazardous waste  
pharmaceuticals or hazardous waste ENDS to a sewer system that passes through to a  
POTW. Healthcare facilities, ENDS retailers, and reverse distributors remain subject to  
the prohibitions in 40 CFR 403.5(b)(1).  
(2) The provisions of 40 CFR 403.5(b)(1) are adopted by reference in R 299.11003.  
R 299.9829 Hazardous waste pharmaceuticals and hazardous waste ENDS; exemptions  
for hazardous waste pharmaceuticals and hazardous waste ENDS that are also  
controlled substance and household waste pharmaceuticals and household waste ENDS  
collected in a take-back event or program.  
Rule 829. (1) Hazardous waste pharmaceuticals and hazardous waste ENDS that are  
also listed on a schedule of controlled substances by the Unites States Drug Enforcement  
Agency in 21 CFR part 1308 and household waste pharmaceuticals and household waste  
ENDS that are collected in a take-back event or program, including those that are  
collected by an authorized collector registered with the United States Drug Enforcement  
Agency that commingles the household waste pharmaceuticals and household waste  
ENDS with controlled substances from an ultimate user, are exempt from R 299.9228  
and parts 3 to 7 of these rules, if all the following conditions are met:  
(a) The hazardous waste pharmaceuticals and hazardous waste ENDS are managed in  
compliance with R 299.9828.  
(b) The hazardous waste pharmaceuticals and hazardous waste ENDS are collected,  
stored, transported, and disposed of in compliance with all applicable United States Drug  
Enforcement Agency regulations for controlled substances.  
(c) The hazardous waste pharmaceuticals and hazardous waste ENDS are destroyed by  
a method that the United States Drug Enforcement Agency has publicly stated in writing  
to meet its non-retrievable standard of destruction or combusted at 1 of the following:  
(i) A permitted large municipal waste combustor, subject to 40 CFR part 62,  
subpart FFF, or applicable state plan for existing large municipal waste combustors, or  
40 CFR part 60, subpart Eb, for new large municipal waste combustors.  
(ii) A permitted small municipal waste combustor, subject to 40 CFR part 62, subpart  
JJJ, or applicable state plan for existing small municipal waste combustors, or  
40 CFR part 60, subpart AAAA, for new small municipal waste combustors.  
(iii) A permitted hospital, medical, and infectious waste incinerator, subject to  
40 CFR part 62, subpart HHH, or applicable state plan for existing hospital, medical and  
infectious waste incinerators, or 40 CFR part 60, subpart Ec, for new hospital, medical,  
and infectious waste incinerators.  
(iv) A permitted commercial and industrial waste incinerator, subject to  
296  
40 CFR part 62, subpart III, or applicable state plan for existing commercial and  
industrial waste incinerators, or 40 CFR part 60, subpart CCCC, for new commercial and  
industrial waste incinerators.  
(v) A permitted hazardous waste combustor subject to 40 CFR part 63, subpart EEE.  
(2) The provisions of 40 CFR part 60, subparts Eb, Ec, AAAA, and CCCC and  
40 CFR part 62, subparts FFF, HHH, III, and JJJ are adopted by reference in R 299.11003.  
The provisions of 21 CFR part 1308 are adopted by reference in R 299.11004.  
R 299.9830 Hazardous waste pharmaceuticals and hazardous waste ENDS; residues of  
hazardous waste pharmaceuticals or hazardous waste ENDS in empty containers.  
Rule 830. (1) A stock bottle, dispensing bottle, vial, or ampule of less than or equal to  
1 liter or 10,000 pills; or a unit-dose container such as a unit-dose packet, cup, wrapper,  
blister pack, or delivery device is considered empty and the residues are not regulated as  
hazardous waste if the pharmaceuticals have been removed from the container using the  
practices commonly employed to remove materials from that type of container.  
(2) Nicotine e-liquid vials packaged for retail sale in ENDS and less than or equal to  
1 liter are considered empty and the residues are not regulated as hazardous waste if the  
liquid has been removed by pouring out the contents.  
(3) A syringe is considered empty, and the residues are not regulated as hazardous  
waste if the contents have been removed by fully depressing the plunger of the syringe.  
If a syringe is not empty, the syringe must be placed with its remaining hazardous waste  
pharmaceuticals into a container that is managed and disposed of as a non-creditable  
hazardous waste pharmaceutical under R 299.9824 to  
R 299.9833 and any applicable federal, state, and local requirements for sharps containers  
and medical waste.  
(4) An intravenous bag is considered empty, and the residues are not regulated as  
hazardous waste if the pharmaceuticals in the bag have been fully administered to a  
patient. If an intravenous bag is not empty, the bag must be placed with its remaining  
hazardous waste pharmaceuticals into a container that is managed and disposed of as a  
non-creditable hazardous waste pharmaceutical R 299.9824 to R 299.9833, unless the bag  
held non-acute hazardous waste pharmaceuticals and is empty as defined in R 299.9207.  
(5) Hazardous waste pharmaceuticals remaining in all other types of unused, partially  
administered, or fully administered containers must be managed as non-creditable  
hazardous waste pharmaceuticals under R 299.9824 to R 299.9833, unless the container  
held non-acute hazardous waste pharmaceuticals and is empty as defined in R 299.9207.  
This includes, but is not limited to, residues in inhalers, aerosol cans, nebulizers, tubes of  
ointments, gels, or creams.  
(6) Hazardous waste ENDS, including attached or attachable cartridges, pods, or tanks,  
that are unused, partially used, or fully used must be managed as hazardous waste, except  
empty vials described in subrule (1) or (2) of this rule.  
R 299.9831 Hazardous waste pharmaceuticals and hazardous waste ENDS; shipping  
non-creditable hazardous waste from a healthcare facility or ENDS retailer or evaluated  
hazardous waste pharmaceuticals from a reverse distributor.  
Rule 831. (1) A healthcare facility or ENDS retailer shall ship non-creditable  
hazardous waste and a reverse distributor shall ship evaluated hazardous waste  
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pharmaceuticals off-site to a designated facility in compliance with all the following  
requirements:  
(a) Before transporting or offering for transport off-site, the following pre--transport  
requirements:  
(i) Package the waste in accordance with the applicable DOT regulations on  
hazardous materials under 49 CFR parts 173, 178, and 180.  
(ii) Label each package in accordance with the applicable DOT regulations on  
hazardous materials under 49 CFR part 172, subpart E.  
(iii) All the following marking requirements:  
(A) Mark each package of non-creditable hazardous waste in accordance with the  
applicable DOT regulations on hazardous materials under 49 CFR part 172, subpart D.  
(B) Mark each container of 119 gallons or less with the following words  
"HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact  
the nearest police or public safety authority, EGLE, or the EPA"; the healthcare facility,  
ENDS retailer, or reverse distributor’s name, address, and site identification number; and  
the manifest tracking number accordance with the requirements of 49 CFR 172.304.  
(C) Lab packs that will be incinerated in compliance with 40 CFR 268.42(c) are not  
required to be marked with hazardous waste numbers, except D004, D005, D006, D007,  
D008, D010, and D011, where applicable. A nationally recognized electronic system,  
such as bar coding or radio frequency identification, may be used to identify the  
hazardous waste number.  
(iv) Placard or offer the initial transporter the appropriate placards according to DOT  
regulations for hazardous materials under 49 CFR part 172, subpart F.  
(b) The manifest requirements of R 299.9309, except for the following:  
(i) A healthcare facility shipping non-creditable hazardous waste pharmaceuticals is  
not required to list all applicable hazardous waste numbers in item 13 of the manifest.  
(ii) A healthcare facility shipping non-creditable hazardous waste pharmaceuticals  
shall write the word "PHARMS" in item 13 of the manifest.  
(2) A healthcare facility, ENDS retailer, or reverse distributor that exports non-  
creditable hazardous waste or evaluated hazardous waste pharmaceuticals is subject to  
R 299.9314.  
(3) Any person that imports non-creditable hazardous waste or evaluated hazardous  
waste pharmaceuticals is subject to R 299.9314. A healthcare facility, ENDS retailer, or  
reverse distributor shall not accept imported non-creditable hazardous waste or evaluated  
hazardous waste pharmaceuticals unless they have an operating license or interim status  
under these rules that allows them to accept hazardous waste from off-site.  
R 299.9832 Hazardous waste pharmaceuticals; shipping potentially creditable hazardous  
waste pharmaceuticals from a healthcare facility or reverse distributor to a reverse  
distributor.  
Rule 832. (1) A healthcare facility or a reverse distributor that transports or offers for  
transport potentially creditable hazardous waste pharmaceuticals off-site to a reverse  
distributor shall comply with all applicable DOT regulations in 49 CFR part 171 to 180  
for any potentially creditable hazardous waste pharmaceutical that meets the definition of  
hazardous material in 49 CFR 171.8. For purposes of the DOT regulations, a material is  
considered a hazardous waste if it is subject to the hazardous waste manifest  
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requirements in part 3 of these rules. Because a potentially creditable hazardous waste  
pharmaceutical does not require a manifest, it is not considered hazardous waste.  
(2) On receipt of each shipment of potentially creditable hazardous waste  
pharmaceuticals, the receiving reverse distributor shall provide paper or electronic  
confirmation to the healthcare facility or reverse distributor that initiated the shipment  
that the shipment has arrived at its destination and is under the custody and control of the  
reverse distributor.  
(3) If a healthcare facility or reverse distributor initiates a shipment of potentially  
creditable hazardous waste pharmaceuticals to a reverse distributor and does not receive  
delivery confirmation within 35 calendar days from the date that the shipment of  
potentially creditable hazardous waste pharmaceuticals was sent, the healthcare facility or  
reverse distributor that initiated the shipment shall contact the carrier and the intended  
reverse distributor promptly to report that the delivery confirmation was not received and  
determine the status of the potentially creditable hazardous waste pharmaceuticals.  
(4) A healthcare facility or reverse distributor that sends potentially creditable  
hazardous waste pharmaceuticals to a foreign destination shall comply with R 299.9314,  
except the manifesting requirement of 40 CFR 262.83(c), in addition to subrules (1) to (3)  
of this rule.  
(5) Any person that imports potentially creditable hazardous waste pharmaceuticals into  
the United States is subject to subrules (1) to (3) of this rule instead of R 299.9314.  
Immediately after the potentially creditable hazardous waste pharmaceuticals enter the  
United States, they are subject to all applicable requirements of R 299.9824 to  
R 299.9833.  
R 299.9833 Hazardous waste pharmaceuticals; standards for managing potentially  
creditable hazardous waste pharmaceuticals and evaluated hazardous waste  
pharmaceuticals at reverse distributors.  
Rule 833. (1) A reverse distributor may accept potentially creditable hazardous waste  
pharmaceuticals from off-site and accumulate potentially creditable hazardous waste  
pharmaceuticals or evaluated hazardous waste pharmaceuticals on site without an  
operating license or without having interim status under these rules if the reverse  
distributor complies with all the following conditions:  
(a) The reverse distributor shall notify the director using Michigan site identification  
form EQP 5150, that it is a reverse distributor operating under R 299.9824 to R 299.9833  
and obtain a site identification number if it does not already have one. The notification  
must be submitted to the director within 60 days after the effective date of R 299.9824 to  
R 299.9833 or within 60 days after becoming subject to R 299.9824 to R 299.9833.  
(b) The reverse distributor shall maintain a current inventory of all the potentially  
creditable hazardous waste pharmaceuticals and evaluated hazardous waste  
pharmaceuticals that are accumulated on-site. The inventory must be conducted within  
30 days of each waste arriving on-site and include the identity, by name or national drug  
code, and quantity of each potentially creditable hazardous waste pharmaceutical and  
evaluated hazardous waste pharmaceutical. If the reverse distributor already satisfies the  
inventory requirements because of other regulatory requirements, the distributor is not  
required to maintain a separate inventory under this subdivision.  
(2) A reverse distributor that is not a pharmaceutical manufacturer shall evaluate a  
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potentially creditable hazardous waste pharmaceutical within 30 calendar days of the  
waste arriving on-site to establish if it is destined for any of the following:  
(a)Another reverse distributor for further evaluation or verification of manufacturer  
credit. A potentially creditable hazardous waste pharmaceutical that is destined for  
another reverse distributor is still considered a potentially creditable hazardous waste  
pharmaceutical and must be managed under subrule (12) of this rule.  
(b) A potentially creditable hazardous waste pharmaceutical that is destined for a  
hazardous waste treatment, storage, or disposal facility is considered an "evaluated  
hazardous waste pharmaceutical" and must be managed under subrule (13) of this rule.  
(3) A reverse distributor that is a pharmaceutical manufacturer shall evaluate a  
potentially creditable hazardous waste pharmaceutical to verify manufacturer credit  
within 30 days of the waste arriving at on-site and manage the evaluated hazardous waste  
pharmaceuticals. After the evaluation, the evaluated hazardous waste pharmaceuticals  
must be managed under subrule (13) of this rule.  
(4) A reverse distributor may accumulate potentially creditable hazardous waste  
pharmaceuticals and evaluated hazardous waste pharmaceuticals on-site for 180 days or  
less. The 180-day timeline starts after the potentially creditable hazardous waste  
pharmaceutical has been evaluated and applies to all hazardous waste pharmaceuticals  
accumulated on-site, whether destined for another reverse distributor as potentially  
creditable hazardous waste pharmaceuticals or to a hazardous waste treatment, storage, or  
disposal facility as evaluated hazardous waste pharmaceuticals.  
(5) Unexpired pharmaceuticals that are otherwise creditable but are awaiting their  
expiration date can be accumulated for up to 180 days after the expiration date if the  
unexpired pharmaceuticals are managed under subrules (1) to (11) of this rule and the  
container labeling and management standards in subrules (13)(d) and (e) of this rule.  
(6) A reverse distributor shall prevent unknowing entry and minimize the possibility for  
the unauthorized entry into the area where potentially creditable hazardous waste  
pharmaceuticals and evaluated hazardous waste pharmaceuticals are accumulated. If the  
reverse distributor already meets the security requirements of this subrule because of  
other regulatory requirements, the distributor is not required to provide separate security  
measures under this subrule. Some methods that may be used to prevent unknowing  
entry and minimize the possibility for authorized entry include the following:  
(a) A 24-hour continuous monitoring surveillance system.  
(b) An artificial barrier, such as a fence.  
(c) A means to control entry, such as keycard access.  
(7) A reverse distributor that accepts potentially creditable hazardous waste  
pharmaceuticals from off-site shall prepare a contingency plan and comply with  
R 299.9307(1)(c).  
(8) When closing an area where a reverse distributor accumulates potentially creditable  
hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals, the  
reverse distributor shall comply with R 299.9307(1)(k)(ii) and (iii).  
(9) A reverse distributor shall submit an unauthorized waste report if the distributor  
receives waste from off-site that it is not authorized to accept. The reverse distributor  
shall prepare and submit an unauthorized waste report to the director within 45 days after  
the unauthorized waste arrives on-site. A copy of the unauthorized waste report must  
also be sent to the healthcare facility or other entity that sent the unauthorized waste. The  
300  
reverse distributor shall manage the unauthorized waste in accordance with all applicable  
regulations. The unauthorized waste report must be signed by the owner or operator of  
the reverse distributor, or its authorized representative, and contain all the following  
information:  
(a) The site identification number and name and address of the reverse distributor.  
(b) The date the reverse distributor received the unauthorized waste.  
(c) The site identification number and name and address of the healthcare facility that  
shipped the unauthorized waste, if available.  
(d) A description and the quantity of each unauthorized waste the reverse distributor  
received.  
(e) The method of treatment, storage, or disposal for each unauthorized waste.  
(f) A brief explanation of why the waste was unauthorized, if known.  
(10) The director may require reverse distributors to furnish additional reports on the  
quantities and disposition of potentially creditable hazardous waste pharmaceuticals and  
evaluated hazardous waste pharmaceuticals.  
(11) A reverse distributor shall keep the following records for the specified time  
periods, unless automatically extended during any unresolved enforcement action  
regarding the regulated activity or requested by the director, and make them readily  
available to the department on request:  
(a) A copy of its notification on file for as long as the distributor is subject to  
R 299.9824 to R 299.9833.  
(b) A copy of the delivery confirmation and the shipping papers for each shipment of  
potentially creditable hazardous waste pharmaceuticals that it receives for not less than  
3 years from the date the shipment arrives at the reverse distributor.  
(c) A copy of each unauthorized waste report for not less than 3 years from the date  
the shipment arrives at the reverse distributor.  
(d) A copy of its current inventory for as long as the facility is subject to R 299.9824  
to R 299.9833.  
(12) A reverse distributor that does not have an operating license or interim status under  
these rules shall comply with the following conditions, in addition to the requirements in  
subrules (1) to (11) of this rule, for the management of potentially creditable hazardous  
waste pharmaceuticals that are destined for another reverse distributor for further  
evaluation or verification of manufacturer credit:  
(a) A reverse distributor that receives potentially creditable hazardous waste  
pharmaceuticals from a healthcare facility or another reverse distributor shall send those  
potentially creditable hazardous waste pharmaceuticals to a reverse distributor or another  
reverse distributor, respectively, within 180 days after the potentially creditable  
hazardous waste pharmaceuticals have been evaluated or follow subrule (13) of this rule  
for evaluated hazardous waste pharmaceuticals.  
(b) Ship potentially creditable hazardous waste pharmaceuticals destined for another  
reverse distributor in accordance with R 299.9832.  
(c) Keep the following records for each shipment of potentially creditable hazardous  
waste pharmaceuticals that it initiates to another reverse distributor for not less than  
3 years from the date of shipment, unless automatically extended during any unresolved  
enforcement action regarding the regulated activity or requested by the director, and  
make the records readily available to the department on request:  
301  
(i) The confirmation of delivery.  
(ii) The DOT shipping papers prepared in accordance with 49 CFR part 172, subpart  
C, if applicable.  
(13) A reverse distributor that does not have an operating license or interim status under  
these rules shall comply with the following conditions, in addition to the requirements of  
subrules (1) to (11) of this rule, for the management of evaluated hazardous waste  
pharmaceuticals:  
(a) Designate an on-site accumulation area where it will accumulate evaluated  
hazardous waste pharmaceuticals.  
(b) Inspect its on-site accumulation area not less than once every 7 days, looking at the  
containers for leaks, deterioration caused by corrosion or other factors, and signs of  
diversion.  
(c) Ensure personnel that handle evaluated hazardous waste pharmaceuticals are  
trained in accordance with of R 299.9307(1)(f) to (h).  
(d) A reverse distributor accumulating evaluated hazardous waste pharmaceuticals in  
containers in an on-site accumulation area must do all the following:  
(i) Label the containers with the words "Hazardous Waste Pharmaceuticals".  
(ii) Ensure the containers are in good condition and managed to prevent leaks.  
(iii) Use containers that are made of or lined with materials that will not react with,  
and are otherwise compatible with, the evaluated hazardous waste pharmaceuticals, so  
that the ability of the container to contain the waste is not impaired.  
(iv) Keep the containers closed if holding liquid or gel evaluated hazardous waste  
pharmaceuticals. If the liquid or gel evaluated hazardous waste pharmaceuticals are in  
their original, intact, sealed packaging; or repackaged, intact, sealed packaging, they meet  
the closed container standard.  
(v) Manage any container of ignitable or reactive evaluated hazardous waste  
pharmaceuticals, or any container of commingled incompatible evaluated hazardous  
waste pharmaceuticals so that the container does not have the potential to do any of the  
following:  
(A) Generate extreme heat or pressure, fire or explosion, or violent reaction.  
(B) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to  
threaten human health.  
(C) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a  
risk of fire or explosions.  
(D) Damage the structural integrity of the container of hazardous waste  
pharmaceuticals.  
(E) Otherwise threaten human health or the environment.  
(e) Accumulate evaluated hazardous waste pharmaceuticals that are prohibited from  
being combusted because of the dilution prohibition of 40 CFR 268.3(c) in separate  
containers from other evaluated hazardous waste pharmaceuticals.  
(f) Before shipping evaluated hazardous waste pharmaceuticals off-site, ensure all  
containers are marked with the applicable hazardous waste numbers. A nationally  
recognized electronic system, such as bar coding or radio frequency identification, may  
be used to identify the hazardous waste numbers.  
(g) Ship evaluated hazardous waste pharmaceuticals that are destined for a hazardous  
waste treatment, storage, or disposal facility in accordance with the applicable shipping  
302  
standards in R 299.9831(1) or (2).  
(h) A reverse distributor that sends a shipment of evaluated hazardous waste  
pharmaceuticals to a designated facility with the understanding that the designated  
facility can accept and manage the waste, and later receives that shipment back as a  
rejected load in accordance with the manifest discrepancy provisions of R 299.9608, may  
accumulate the returned evaluated hazardous waste pharmaceuticals on-site for up to an  
additional 90 days in the on-site accumulation area if the rejected or returned shipment is  
managed in accordance with this subrule and subrules (1) to (12) of this rule. On receipt  
of the returned shipment, the reverse distributor shall do all of the following:  
(i) Sign either item 18c of the original manifest if the original manifest was used for  
the returned shipment or item 20 of the new manifest if a new manifest was used for the  
returned shipment.  
(ii) Provide the transporter a copy of the manifest.  
(iii) Within 30 days of receipt the rejected shipment of the evaluated hazardous waste  
pharmaceuticals, send a copy of the manifest to the designated facility that returned the  
shipment to the reverse distributor.  
(iv) Within 90 days of receipt of the rejected shipment, transport or offer for transport  
the returned shipment of evaluated hazardous waste pharmaceuticals in accordance with  
the applicable shipping standards of R 299.9831(1) or (2).  
(i) Evaluated hazardous waste pharmaceuticals are subject to the land disposal  
restrictions of 40 CFR part 268. A reverse distributor that accepts potentially creditable  
hazardous waste pharmaceuticals from off-site shall comply with 40 CFR 268.7(a).  
(j) A reverse distributor that ships evaluated hazardous waste pharmaceuticals off-site  
shall prepare and submit a single copy of a biennial report to the director by March 1 of  
each even numbered year in accordance with R 299.9312.  
(k) If a reverse distributor does not receive a copy of the manifest with the signature of  
the owner or operator of the designated facility within 35 days of the date the evaluated  
hazardous waste pharmaceuticals were accepted by the initial transporter, the distributor  
shall contact the transporter or the owner or operator of the designated facility to  
determine the status of the evaluated hazardous waste pharmaceuticals.  
(l) A reverse distributor shall submit an exception report to the director if it has not  
received a copy of the manifest with the signature of the owner or operator of the  
designated facility within 45 days of the date the evaluated hazardous waste  
pharmaceutical was accepted by the initial transporter. The exception report must  
include all the following:  
(i) A legible copy of the manifest for which the reverse distributor does not have  
confirmation of delivery.  
(ii) A cover letter signed by the reverse distributor, or its authorized representative,  
explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and  
the results of those efforts.  
(m) A reverse distributor that does not receive a copy of the manifest with the  
signature of the owner or operator of the alternate facility within 35 days of the date the  
evaluated hazardous waste pharmaceuticals were accepted by the initial transporter shall  
contact the transporter or the owner or operator of the alternate facility to determine the  
status of the hazardous waste. The 35-day time frame begins the date the evaluated  
hazardous waste pharmaceuticals are accepted by the transporter forwarding the  
303  
hazardous waste shipment from the designated facility to the alternate facility.  
(n) A reverse distributor shall submit an exception report to the director if it has not  
received a copy of the manifest with the signature of the owner or operator of the  
alternate facility within 45 days of the date the evaluated hazardous waste  
pharmaceuticals were accepted by the initial transporter. The 45-day timeframe begins  
the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter  
forwarding the hazardous waste pharmaceutical shipment from the designated facility to  
the alternate facility. The exception report must include the following:  
(i) A legible copy of the manifest for which the generator does not have confirmation  
of delivery.  
(ii) A cover letter signed by the reverse distributor, or its authorized representative,  
explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and  
the results of those efforts.  
(o) A reverse distributor shall keep a written or electronic log of inspections of the  
on-site accumulation area, required by subdivision (b) of this subrule. This log must be  
retained for not less than 3 years from the date of the inspection.  
(p) A reverse distributor shall keep a copy of each manifest signed in accordance with  
R 299.9309 for 3 years or until it receives a signed copy from the designated facility that  
received the evaluated hazardous waste pharmaceutical. This signed copy must be  
retained as a record for not less than 3 years from the date the evaluated hazardous waste  
pharmaceutical was accepted by the initial transporter.  
(q) A reverse distributor shall keep a copy of each biennial report for not less than  
3 years from the due date of the report.  
(r) A reverse distributor shall keep a copy of each exception report for not less than  
3 years from the submission of the report.  
(s) A reverse distributor shall keep records to document personnel training under  
R 299.9307(1)(i).  
(t) All records must be readily available on request by an inspector. The periods of  
retention referred to in this subrule are extended automatically during any unresolved  
enforcement action regarding the regulated activity or as requested by the director.  
(14) A reverse distributor is an operator of a hazardous waste treatment, storage, or  
disposal facility and is subject to the requirements of parts 5 to 7 of these rules, if the  
distributor does any of the following:  
(a) Fails to meet the conditions of this rule.  
(b) Accepts manifested hazardous waste from off-site.  
(c) Treats or disposes of hazardous waste pharmaceuticals on-site.  
PART 10. AVAILABILITY OF REFERENCED MATERIALS  
R 299.11001 Publications; adoption by reference.  
Rule 1001. (1) The following ASTM standards are adopted by reference in these rules:  
(a) D93-79 ($50).  
(b) D93-80 ($69).  
(c) D698-12 ($50).  
(d) D1557-12 ($50).  
(e) D1586-11 ($44).  
304  
(f) D1946-82 ($44).  
(g) D2216-10 ($44).  
(h) D2267-88 ($76).  
(i) D2382-83 ($87).  
(j) D2434-68 ($40).  
(k) D2487-11 ($50).  
(l) D2879-92 ($44).  
(m) D3278-78 ($44).  
(n) D4318-10 ($50).  
(o) D4809-13 ($44).  
(p) D5084-10 ($64).  
(q) D5092-04 ($50).  
(r) D5299-14 ($50).  
(s) D5580-15 ($50).  
(t) D6450-12 ($44).  
(u) D6913-04 (2009)e1 ($64).  
(v) D6938-15 ($44).  
(w) D7928-16 ($64).  
(x) D8174-18 ($69).  
(y) D8175-18 ($69).  
(z) E168-88 ($50).  
(aa) E169-87 ($44).  
(bb) E260-85 ($50).  
(cc) E681-85 ($69).  
(dd) E926-94, Test Method C ($48).  
(2) The standards listed in subrule (1) of this rule are available from the ASTM  
International, Sales Services, 100 Barr Harbor Drive, P.O. Box C700,  
West Conshoshocken, Pennsylvania 19428-2959, 877-909-ASTM, or www.astm.org.  
The costs identified in subrule (1) of this rule reflect the costs when these rules were  
promulgated.  
(3) The publication entitled "APTI Course 415: Control of Gaseous Emissions,"  
EPA Publication EPA450/281005, PB91101709, December 1981, is adopted by  
reference in these rules and available electronically at no cost from www.nepis.epa.gov.  
(4) The publication entitled "Screening Procedures for Estimating the Air Quality  
Impact of Stationary Sources, Revised," October 1992, EPA Publication  
No. EPA4540/R92-019, is adopted by reference in these rules and available electronically  
at no cost from www.nepis.epa.gov.  
(5) The publication entitled "API Publication 2517, Third Edition, Evaporative Loss  
from External Floating Roof Tanks," February 1989, as amended, is adopted by reference  
in these rules. The publication is available from the American Petroleum Institute,  
1220 L Street, NW, Washington, DC, 20005, 855-999-9870, or www.api.org, for $82, the  
cost when these rules were promulgated.  
(6) The publication entitled "Method 1664, Revision A, n-Hexane Extractable Material  
(HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material  
(SGT-HEM; Non-Polar- Material) by Extraction and Gravimetry," Revision A,  
EPA-821-R-98-002, and Revision B, EPA-R-10-001, are adopted by reference in these  
305  
rules and are available electronically at no cost from www.epa.gov.  
(7) The publication entitled "Guidance Manual for the Control of Transboundary  
Movements of Recoverable Wastes, Annex B: OECD Consolidated List of Wastes  
Subject to the Green Control Procedure and Annex C: OECD Consolidated List of  
Wastes Subject to the Amber Control Procedure" (2009) are adopted by reference in  
these rules and available electronically at no cost from www.oecd.org.  
R 299.11002 NFPA standard; adoption by reference.  
Rule 1002. (1) The NFPA standards no. 30 (2015) and 704 (2012) are adopted by  
reference in these rules.  
(2) The standard listed in subrule (1) of this rule is available from the National Fire  
Protection Association, 1 Batterymarch Drive, P.O. Box 9101, Quincy, Massachusetts  
02269-9101, 800-344-3555, or www.nfpa.org, for $68 and $46, respectively, the cost at  
the time these rules were promulgated.  
R 299.11003 Adoption by reference of federal regulations.  
Rule 1003. (1) The following federal regulations in 40 CFR are adopted by reference in  
these rules:  
(a) 40 CFR 3.10.  
(b) 40 CFR part 60, subparts Eb, Ec, AAAA, and CCCC, and appendices A and B.  
(c) 40 CFR part 62, subparts FFF, HHH, III, and JJJ.  
(d) 40 CFR part 63, subparts EEE and LLL.  
(e) 40 CFR part 124.  
(f) 40 CFR part 144.  
() 40 CFR part 145.  
(h) 40 CFR part 146.  
(i) 40 CFR part 147.  
(j) 40 CFR 260.4, 260.5, 260.20, 260.21, 260.22, 260.31, 260.32, 260.33, 260.34, and  
260.42.  
(k) 40 CFR 261.4(h)(4)(i) to (ii), 261.10, 261.11, 261.21(a)(3) and (4), 261.32(a), for  
K181 listing only, (c), and (d), 261.35(b)(2)(iii), 261.39(a)(5), and 261.41, and subparts I,  
J, M, AA, BB, and CC.  
(l) 40 CFR part 261, appendix I, appendix VII, appendix VIII, and appendix IX.  
(m) 40 CFR 262.20 to 262.24, 262.27, 262.40(a), (c), and (d), and 262.43,  
40 CFR part 262, subpart H, except 40 CFR 262.80, and 40 CFR part 262, subparts K and  
M, except 40 CFR 262.201 and 262.202.  
(n) 40 CFR part 263, subpart B.  
(o) 40 CFR part 264, subpart B, subpart C, subpart D, subpart F, subpart G, subpart I,  
subpart J, subpart K, subpart L, subpart M, subpart N, subpart O, subpart X, subpart W,  
subpart AA, subpart BB, subpart CC, subpart EE, except 40 CFR 264.94(a)(2) and (3),  
(b), and (c), 264.100, 264.101, 264.112(d)(1), 264.115, 264.120, 264.221(f), 264.251(f),  
264.301(f), 264.340(a) to (d), 264.344(a)(2) and (b), and 264.1200.  
(p) 40 CFR 264.1(j)(1) to (13), 264.71(a), (b), (f), and (h) to (l), 264.72, 264.73, 264.75,  
264.94(a)(2), table 1, 264.141, 264.142, 264.144, 264.147(c), (d), and (f), 264.151(g),  
and 264.554, except 40 CFR 264.554(l).  
(q) 40 CFR part 264, appendix I and appendix IX.  
306  
(r) 40 CFR part 265, except subparts H, DD, and O, and 40 CFR 265.70, 265.73 to  
265.77, 265.112(d)(1), 265.115, and 265.120.  
(s) 40 CFR part 265, appendices I and VI.  
(t) 40 CFR part 266, subpart H, except 40 CFR 266.100(a) and (b), 266.101,  
266.102(a), and 266.112(a) and (c).  
(u) 40 CFR 266.203 and 266.205(a), (b), (d), and (e).  
(v) 40 CFR part 266, appendices I through XIII.  
(w) 40 CFR part 268, including appendices III through XI.  
(x) 40 CFR 270.10(e), (g), (k), and (l)(1); 270.11; 270.13; 270.14(b) and (d); 270.15;  
270.16; 270.17; 270.18; 270.19(c); 270.20; 270.21; 270.22; 270.23; 270.24; 270.25;  
270.26; 270.27; 270.30, except 40 CFR 270.30(l)(1) and (8); 270.31; 270.33; 270.41(a),  
except 40 CFR 270.41(a)(3); 270.62(a) to (d); 270.64; 270.66; 270.70; 270.71; 270.73;  
and 40 CFR part 270, subpart H, except 40 CFR 270.80, 270.85, 270.90, 270.155,  
270.160, 270.190, and 270.195; and 40 CFR 270.235(a) and (c).  
(y) 40 CFR part 273, subpart B, subpart C, subpart D, and subpart E, except  
40 CFR 273.10, 273.18(b), 273.30, 273.38(b), 273.50, 273.53, and 273.60.  
(z) 40 CFR 279.22, except 40 CFR 279.22(a); 279.23, 279.24, 279.41 to 279.43,  
279.45, except 40 CFR 279.45(b); 279.46, 279.51, 279.52, 279.54, except  
40 CFR 279.54(a); 279.55 to 279.58, 279.61, 279.62, 279.64, except 40 CFR 279.64(a);  
279.65, 279.66, 279.73, and 279.75.  
(aa) 40 CFR part 280.  
(bb) 40 CFR part 302.  
(cc) 40 CFR 403.5(b)(1).  
(dd) 40 CFR part 761.  
(2) Federal hazardous waste regulations are contained in 40 CFR parts 1 to 49,  
40 CFR part 60 (60.500 to 60.5805a and Appendices), 40 CFR parts 61 and 62,  
40 CFR part 63 (Section 63.1200 to 63.1439), 40 CFR parts 100 to 135, 40 CFR parts  
136 to 149, 40 CFR parts 260 to 265, 40 CFR parts 266 to 299, 40 CFR parts 400 to 424,  
and 40 CFR part 700 to 789, July 1, 2023 editions. These editions are available from the  
Superintendent of Documents, U.S. Government Publishing Office, Washington, DC  
20402, 2025121800, for $66, 63, $56, $51, $67, $56, $56, and $67, respectively, the costs  
when these rules were promulgated.  
R 299.11004 Federal regulations in 10 CFR, 29 CFR, 33 CFR, and 49 CFR; adoption by  
reference.  
Rule 1004. (1) The federal regulations in 10 CFR part 20, 10 CFR part 61, and  
10 CFR part 71 are adopted by reference in these rules.  
(2) The federal regulations in 16 CFR part 1115 are adopted by reference in these rules.  
(3) The federal regulations in 21 CFR part 7, subpart C, part 312, and part 1308 are  
adopted by reference in these rules.  
(4) The federal regulations in 29 CFR 1910.120(q) and 1910.132 to 1910.138 and  
29 CFR part 1910, subpart L, are adopted by reference in these rules.  
(5) The federal regulations in 33 CFR 153.203 are adopted by reference in these rules.  
() The following federal regulations in 49 CFR are adopted by reference in these rules:  
(a) 49 CFR part 107.  
(b) 49 CFR part 130.  
307  
(c) 49 CFR part 171 to 180.  
(d) 49 CFR parts 190 to199.  
(e) 49 CFR 390.21.  
(7) Federal nuclear regulatory commission regulations are contained in  
10 CFR parts 1 to 50 and 10 CFR parts 51 to 199, January 1, 2023, editions. Federal  
commercial practices regulations are contained in 16 CFR parts 1000 to 1750,  
January 1, 2023, edition. Federal FDA regulations are contained in 21 CFR parts 1 to 99,  
21 CFR parts 300 to 499, and 21 CFR parts 1300 to 1499, April 1, 2023, editions.  
Federal labor regulations are contained in 29 CFR parts 1900 to 1910, July 1, 2022,  
edition. Federal navigation regulations are contained in 33 CFR parts 125 to 199,  
July 1, 2022, edition. Federal transportation regulations are contained in  
49 CFR parts 100 to 177, 49 CFR parts 178 to 199, and 49 CFR parts 300 to 399,  
October 1, 2022, editions. These editions are available from the U.S. Government  
Publishing Office, www.bookstore.gpo.gov, for $67, $65, $66, $45, $35, $29, $64, $70,  
$60, and $64 respectively, the costs when these rules were promulgated.  
R 299.11005 Test methods for evaluating solid waste; adoption by reference.  
Rule 1005. (1) Test methods in the publication entitled "Test Methods for Evaluating  
Solid Waste, Physical/Chemical Methods," EPA Publication SW846, Third Edition,  
November 1986, and its updates I (July 1992), II (September 1994), IIA (August 1993),  
IIB (January 1995), III (December 1996), IIIA (April 1998), IIIB (November 2004), IVA  
(February 2007), IVB (February 2007), V (August 2015), VI (November 2017 and  
November 2018), and VII (June 2019 and July 2021) are adopted by reference in these  
rules.  
(2) The documents listed in subrule (1) of this rule are available at  
https://www.epa.gov/hw-sw846,  
R 299.11006 Analytical method for aflatoxins; adoption by reference.  
Rule 1006. (1) The analytical method for aflatoxin in the official methods of analysis  
of the AOAC International, subsection 26, natural poisons, 20th edition, 2016, is adopted  
by reference in these rules.  
(2) The analytical method listed in subrule (1) of this rule is available from AOAC  
International, 2275 Research Boulevard, Suite 300, Rockville, Maryland 20850-3250, at  
a cost as of the time of adoption of these rules of $50 each.  
R 299.11007 Standard industrial classification manual; adoption by reference.  
Rule 1007. The office of management and budget document entitled "Standard  
Industrial Classification Manual" is adopted by reference in these rules and available  
electronically at no cost from www.osha.gov/data/sic-manual.  
R 299.11008 Soil permeability method; adoption by reference.  
Rule 1008. The triaxial cell method for determining the permeability of soil contained  
in the EPA document entitled "Soil Properties, Classification, and Hydraulic  
Conductivity Testing," 1984 edition, is adopted by reference in these rules and available  
electronically at no cost from www.nepis.epa.gov.  
308  
R 299.11009 Availability of documents for inspection and distribution.  
Rule 1009. (1) The standards and publications adopted by reference in R 299.11001 to  
R 299.11008 are available for inspection and distribution at the Lansing office of the  
Department of Environment, Great Lakes, and Energy, Materials Management Division,  
P.O. Box 30241, Lansing, Michigan 48909-7741. The department will charge the cost of  
each standard or publication at the time of purchase plus $30.00 for handling and  
shipping.  
(2) The standards and publications adopted by reference in R 299.911001 to  
R 299.11005, R 299.11007, and R 299.11008 are available for inspection at the National  
Archives and Records Administration, email fedreg.legal@nara.gov or go to  
www.archives.gov/federal-register/cfr/ibr-locations.html or the OLEM Docket in the  
Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson  
Clinton Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20460.  
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m.,  
Monday through Friday, excluding legal holidays. The telephone number for the  
EPA/DC Public Reading Room is 202-566-1744, and the telephone number for the  
OLEM Docket is 202-566-0270.  
(3) The standards or publications adopted by reference in R 299.11001(3), (4), and (6)  
are available at cost from the National Technical Information Service, 5285 Port Royal  
Road, Springfield, Virginia 22161, 703-605-0000 or 800-553-6847.  
(4) The standards and publications adopted by reference in R 299.11001(3), (4), and (6);  
R 299.11003; R 299.11004; and R 299.11007 are available at cost from the  
Superintendent of Documents, U.S. Government Publishing Office, Washington, DC  
20402, 2025121800.  
(5) The standards and publications adopted by reference in R 299.11001(3), (4), and (6)  
are available at cost from the U.S. EPA’s National Serve Center for Environmental  
Publications at https://www.epa.gov/nscep.  
;