DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

MATERIALS MANAGEMENT DIVISION

HAZARDOUS WASTE MANAGEMENT

Filed with the secretary of state on July 27, 2020

These rules take effect 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 299.9202, R 299.9204, R 299.9206, R 299.9213, R 299.9214,

R 299.9226, R 299.9228, R 299.9232, 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 299.9313, R 299.9401, R 299.9404, R 299.9405, R 299.9409, R 299.9413,

R 299.9503, R 299.9511, R 299.9513, R 299.9519, R 299.9601, R 299.9608, R 299.9610,

R 299.9612, R 299.9627, R 299.9801, R 299.9803, R 299.9804, R 299.9808, R 299.9809,

R 299.9902, R 299.11001, R 299.11003, R 299.11004, and R 299.11005 of the Michigan

Administrative Code are amended, R 299.9314, R 299.9315, and R 299.9316 are added, and

R 299.9205 is rescinded, as follows:

PART 1. GENERAL PROVISIONS

R 299.9101 Definitions; A, B.

Rule 101. As used in these rules:

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

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

surrounding surface bottom and can be visually inspected.

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

MCL 324.101 to 324.90106.

(c) "Act 138" means the hazardous materials transportation act, 1998 PA 138, MCL 29.471 to

29.480.

(d) "Act 181" means the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.

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

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

MCL 500.3101 and 500.3102.

(g) "Act 236" means the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.

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

(i) "Act 306" means the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328.

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

(k) "Act 399" means the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.

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

March 3, 2020

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director receives certification of final closure.

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

are being, or have been, conducted after November 19, 1980, and that is not a closed portion. (See

also "closed portion" and "inactive portion.")

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

range activities.

(o) "Acute hazardous waste" means hazardous waste that meets the listing criteria in R 299.9209(1)

and is either listed in table 203a of the rules with the assigned hazard code of (H) or is listed in

table 205a of the rules.

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

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

dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted

with a self-closing release device allowing the contents to be ejected by the gas.

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

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

or after which exporters of hazardous waste and exporters of CRTs for recycling are required to file

EPA information in the Automated Export System or its successor system, under the International

Trade Data System, ITDS, platform.

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

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

has been authorized in a lawfully executed written document, such as a power of attorney, to act on

the United States importer's behalf.

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

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

for regulating within its borders byproduct, source, or special nuclear material in quantities not

sufficient to form a critical mass.

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

materials.

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

fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous

waste from its point of generation to storage or treatment tanks, between hazardous waste storage and

treatment tanks to a point of disposal on site, or to a point of shipment for disposal off site.

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

transfer or dehydration fluid for the purposes of regulation as a universal waste under R 299.9228.

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

of yielding a significant amount of groundwater to wells or springs.

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

following requirements:

(i) The primary SIC code at the facility is 2869 but operations may also include SIC codes 2821,

2822, and 2865.

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

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

hydrocarbon feedstocks to the facility.

(aa) "ASTM" means the ASTM International.

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

facility or an operational unit, such as the plant manager, superintendent, or person who has

equivalent responsibilities.

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

and that is designed to receive, store, and deliver electric energy. An electrochemical cell is a system

that consists of an anode, a cathode, an electrolyte, and any connections that are needed to allow the

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cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery

from which the electrolyte has been removed.

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

determined by the director to be a boiler based on the standards and procedures in 40 CFR 260.32 and

260.33, which are adopted by reference in R 299.11003, or that has all of the following

characteristics:

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

steam, heated fluids, or heated gases.

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

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

recovery section or sections, such as waterfalls and superheats, must be physically formed into

1 manufactured or assembled unit. A unit in which the combustion chamber and the primary energy

recovery section or sections are joined only by ducts or connections carrying flue gas is not integrally

designed; however, secondary energy recovery equipment, such as economizers or air preheaters,

need not be physically formed into the same unit as the combustion chamber and the primary energy

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

not of an integral design:

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

(B) Fluidized bed combustion units.

(iii) While in operation, the unit maintains a thermal energy recovery efficiency of not less than 60%

calculated in terms of the recovered energy compared with the thermal value of the fuel.

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

basis. In this calculation, credit must not be given for recovered heat that is used internally in the

same unit, such as for the preheating of fuel or combustion air and for the driving of induced or

forced draft fans or feedwater pumps.

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

waste fuel.

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

that is not solely or separately produced by the production process. Examples are process residues

such as slags or distillation column bottoms. The term does not include a coproduct that is produced

for the general public's use and that is ordinarily used in the form in which it is produced by the

process.

R 299.9102 Definitions; C, D.

Rule 102. As used in these rules:

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

activated carbon.

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

such as a power plant, including incidental associated substances derived from the source materials

and the capture process, and any substances added to the stream to enable or improve the injection

process.

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

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

vacuum has not been released. A used, broken CRT means glass removed from its housing or casing

whose vacuum has been released.

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

designated for accumulating hazardous wastes in units subject to R 299.9306 or R 299.9307. Central

accumulation area also includes an onsite hazardous waste accumulation area at an eligible academic

entity that chooses to participate under R 299.9315 and is subject to 40 CFR 262.211 when

accumulating unwanted material or hazardous waste.

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

1980, 42 USC 9601 to 9675.

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

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

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

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

(i) "Chemical agents and munitions" means chemical agents and munitions as defined in 50 USC

section 1521(j)(1).

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

the approved facility closure plan and all applicable closure requirements. (See also "active portion"

and "inactive portion.")

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

temperatures of the materials being burned are within 100 degrees Celsius of the specified operating

temperature.

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

transporter during transportation that results in the waste being mixed or repackaged.

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

(n) "Condition for exemption" means any requirement in R 299.9304 to R 299.9307, R 299.9315,

R 299.9316, or R 299.9503(1)(c) that states an event, action, or standard that must occur or be met to

obtain an exemption from any applicable requirements under parts 5 to 8 of the rules, or from the

requirement for notification under section 3010 of RCRA, 42 USC 6930.

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

by beds that have a distinctly lower permeability than that of the aquifer itself. It is an aquifer that

contains confined groundwater.

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

which the hazardous waste will be sent.

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

by a transporter during transportation without the containers holding the wastes being opened and

without the wastes being repackaged.

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

to list the hazardous waste in 40 CFR part 261, subpart D, a constituent that is listed in table l of

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

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

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

when used in other settings.

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

R 299.9232, means held in a unit, including a land-based unit, that meets all of the following criteria:

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

releases of the hazardous secondary materials to the environment, and is designed, as appropriate for

materials, to prevent releases of the materials to the environment. Unpermitted releases are releases

that are not covered by a permit, such as a permit to discharge to water or air, and may include

releases through surface transport by precipitation runoff, releases to the soil and groundwater,

wind-blown dust, fugitive air emissions, and catastrophic failures.

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

hazardous secondary materials in the unit.

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

secondary materials placed in the unit and is compatible with the materials used to construct the unit

and addresses any potential risks of fires or explosions.

(iv) Hazardous secondary materials in units that meet the applicable requirements of part 6 of these

rules are presumptively contained.

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

disposed of, or otherwise handled.

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

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

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

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

only for managing remediation waste, in the case of grandfathered corrective action management

units, or corrective action management unit-eligible waste, as further explained in R 299.9635(2) and

(3), in implementing corrective action or cleanup at the facility.

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

and hazardous wastes and all media, including groundwater, surface water, soils, sediments, and

debris, that are managed for implementing cleanup. As-generated wastes from ongoing industrial

operations at a site are not CAMU-eligible. Notwithstanding this subdivision and where appropriate,

as-generated non-hazardous waste may be placed in a corrective action management unit if the waste

is being used to facilitate treatment or the performance of the corrective action management unit.

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

wastes if either of the following apply:

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

containers, tanks, or other non-land-based units found above ground, unless the wastes are first placed

in the tanks, containers or non-land-based units as part of the cleanup, or the containers or tanks are

excavated during the cleanup.

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

from management in a corrective action management unit.

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

sciences and the principles of engineering and mathematics acquired by a professional education and

related practical experience, is qualified to engage in the practice of corrosion control on buried or

submerged metal piping systems and metal tanks. The person shall be certified as being qualified by

the National Association of Corrosion Engineers or be a registered professional engineer who has

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

submerged metal piping systems and metal tanks.

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

donation.

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

CRTs outside the United States or its territories for recycling or reuse, or any intermediary in the

United States arranging for the export.

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

manufacture CRT glass.

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

(i) Receiving broken or intact CRTs.

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

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

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

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

interim status from a state that is authorized under section 3006 of the solid waste disposal act of

1965, 42 USC 6926, which, if located in this state, has an operating license that is issued under part

111 of the act, MCL 324.11101 to 324.11153, has a legally binding agreement with the director that

authorizes operation, or is subject to the requirements of section 11123(7) and (8) of the act,

MCL 324.11123; or that is regulated under R 299.9206(1)(c) or R 299.9803; and that has been

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

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

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hazardous, then the designated facility shall be a facility that is allowed by the receiving state to

accept the waste. A designated facility may also mean a generator site designated on the manifest to

receive its waste as a return shipment from a facility that has rejected the waste pursuant to

R 299.9608.

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

of universal waste, except for the management activities described in 40 CFR 273.13(a) and (c) and

273.33(a) and (c). A facility at which a particular category of universal waste is only accumulated is

not a destination facility for purposes of managing that category of universal waste.

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

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

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

dioxins and furans.

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

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

pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.

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

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

hazardous waste might enter the environment, be emitted into the air, or discharged into water,

including groundwater.

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

by these rules, is intentionally placed into or on any land or water and at which hazardous waste will

remain after closure. The term "disposal facility" does not include a corrective action management

unit into which remediation wastes are placed.

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

direction.

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

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

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

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

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

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

constructed of nonearthen materials, and which is designed to convey preservative kick-back or

drippage from treated wood, precipitation, and surface water run-on to an associated collection

system at wood preserving plants.

R 299.9103 Definitions; E, F.

Rule 103. As used in these rules:

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

the Federal Register, on or after which exporters, importers, and receiving facilities are required to

submit certain export and import related documents to the EPA using the EPA’s Waste Import

Export Tracking System, or its successor system.

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

manifest that is obtained from the EPA’s national e-manifest system and transmitted electronically to

the system, and that is the legal equivalent of EPA Forms 8700-22 and 8700-22A.

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

technology system through which the electronic manifest may be obtained, completed, transmitted,

and distributed to users of the electronic manifest and to regulatory agencies.

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

a specific function, for example, a pump seal, pump, kiln liner, or kiln thermocouple.

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

requirements:

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

characteristic defined in R 299.9212 or are listed in R 299.9213 or R 299.9214 only because they

exhibit the corrosivity characteristic.

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

"vessel" as specified in this part.

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

conditional exemption under R 299.9823 of the rules. It is a NARM waste that contains hazardous

waste, meets the waste acceptance criteria of, and is allowed by state NARM regulations to be

disposed of at a low-level radioactive waste disposal facility licensed under 10 CFR part 61 or NRC

agreement state equivalent regulations.

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

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

requirements for hazardous waste management units, as provided under these rules. An enforceable

document may include, but is not limited to, a corrective action order under part 111 of the act,

MCL 324.11101 to 324.11153, a CERCLA remedy, or a closure or postclosure plan. An enforceable

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

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

violation of the requirements of these documents.

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

emergency response measures deemed necessary to protect human health and the environment.

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

of the requirements of these documents.

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

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

documenting the specific terms of the country of import’s consent and the country or countries of

transit’s consent. The AOC meets the definition of an export license in the U.S. Census of Bureau

regulations in 15 CFR 30.1.

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

40 CFR 260.10.

(k) "Episodic event" means an activity or activities, either planned or unplanned, that does not

normally occur during generator operations and that results in an increase in the generation of

hazardous wastes that exceeds the calendar month quantity limits for the generator’s usual category.

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

under R 299.9215.

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

unprocessed prompt scrap metal.

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

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

R 299.9823. The waste is conditionally exempted from the regulatory definition of hazardous waste

in R 299.9203.

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

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

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

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

that were operating before January 1, 1980, under existing authority and that did not require

state-issued environmental permits or licenses.

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

authorized and included in the original part A permit application to the EPA on which wastes have

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been placed before the issuance of a permit under RCRA or an operating license under these rules,

whichever is sooner.

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

for the storage or treatment of hazardous waste and that is in operation, or for which installation has

commenced, on or before July 14, 1986. Installation has commenced if the owner or operator has

obtained all federal, state, and local approvals or permits necessary to begin physical construction of

the site or installation of the tank system and if either of the following provisions applies:

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

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

modified without substantial loss, for physical construction of the site of installation of the tank

system to be completed within a reasonable time.

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

presence of unexploded ordnance, damaged or deteriorated explosives or munitions, an improvised

explosive device, other potentially explosive material or device, or other potentially harmful military

chemical munitions or device, that creates an actual or potential imminent threat to human health,

including safety, or the environment, including property, as determined by an explosives or munitions

emergency response specialist. Situations may require immediate and expeditious action by an

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

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

explosives or munitions emergency response specialist to control, mitigate, or eliminate the actual or

potential threat encountered during an explosives or munitions emergency. An explosives or

munitions emergency response may include in-place render-safe procedures, treatment or destruction

of the explosives or munitions or transporting those items to another location to be rendered safe,

treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions

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

terminate the explosives or munitions emergency. Explosives and munitions emergency responses

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

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

or conventional munitions or explosives handling, transportation, render-safe procedures, or

destruction techniques. Explosives or munitions emergency response specialists include DOD

emergency explosive ordnance disposal, technical escort unit, and DOD-certified civilian or

contractor personnel; and other federal, state, or local government or civilian personnel similarly

trained in explosives or munitions emergency responses.

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

the United States who is required to originate the movement document under R 299.9309 or the

manifest for a shipment of hazardous waste under these rules, which specifies a foreign receiving

facility to which the hazardous waste will be sent, or any recognized trader who proposes export of

the hazardous waste for recovery or disposal operations in the country of import.

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

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

secondary materials before reclamation. A facility may consist of several treatment, storage, or

disposal operational units, such as 1 or more landfills or surface impoundments, or combinations of

operational units. For the purpose of implementing corrective action under part 111 of the act,

MCL 324.11101 to 324.11153, "facility" includes all contiguous property under the control of the

owner or operator. Notwithstanding the definition of the term "facility" as it relates to corrective

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

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

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

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

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

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

on the other side.

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

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

government corporation; and the United States Government Publishing Office.

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

(aa) "Federal water pollution control act,” 33 USC 1251 to 1388, commonly known as the clean

water act.

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

authorization act of 1994, 49 USC 5101 to 5128.

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

act of 1976, 42 USC 6901 to 6992k.

(dd) "Federal safe drinking water act" means the safe drinking water act, 42 USC 300f to 300j-27.

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

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

all applicable closure requirements so that hazardous waste management activities under parts 5 and 6

of these rules are no longer conducted at the facility, unless the activities are subject to R 299.9305 to

R 299.9307.

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

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

given year from any source.

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

feed for animals whose products are consumed by humans.

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

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

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

temperature and pressure.

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

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

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

measurement and that meets or exceeds the performance specifications of another element.

R 299.9104 Definitions; G to I.

Rule 104. As used in these rules:

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

or listed in part 2 of these rules or whose act first causes a hazardous waste to become subject to

regulation.

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

and the physical and life sciences, acquired by education and experience, is equipped to practice

geology.

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

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

by-product, or sludge that, when discarded, would be identified as hazardous waste under part 2 of

these rules.

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

hazardous secondary materials at the generating facility. For the purpose of this definition, a

generating facility includes all contiguous property owned, leased, or otherwise controlled by the

hazardous secondary material generator.

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

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

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industrial furnace that is not regulated as an incinerator or fuel produced from hazardous waste for

this purpose by processing, blending, or other treatment.

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

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

waste constituents in the same area. Examples of hazardous waste management units include all of

the following:

(i) A surface impoundment.

(ii) A waste pile.

(iii) A land treatment area.

(iv) A landfill cell.

(v) An incinerator.

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

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

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

(viii) A miscellaneous unit.

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

hazardous waste.

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

Pleistocene to the present.

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

as turnings, cuttings, punchings, and borings.

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

generated by individuals through the maintenance of their personal vehicles.

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

do-it-yourselfer used oil.

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

country.

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

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

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

military control and considered by the military to be a potential range area, and that has not been put

to a new use that is incompatible with range activities.

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

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

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

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

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

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

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

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

commingling might produce heat or pressure; fire or explosion; a violent reaction; toxic dusts, mists,

fumes, or gases; or flammable fumes or gases. Examples of incompatible wastes are described in

40 CFR part 264, appendix V, and part 265, appendix V.

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

or standard that must occur or be met, and that applies without relation to, or irrespective of, the

purpose of obtaining a conditional exemption from the operating license, interim status, and operating

standards under R 299.9304 to R 299.9307, R 299.9315, or R 299.9316.

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

are generated. An individual generation site, such as a large manufacturing plant, may have 1 or

more sources of hazardous waste, but is considered a single or individual generation site if the site or

11

property is contiguous.

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

manufacturing processes and that use thermal treatment to accomplish the recovery of materials or

energy:

(i) Cement kilns.

(ii) Lime kilns.

(iii) Aggregate kilns.

(iv) Phosphate kilns.

(v) Coke ovens.

(vi) Blast furnaces.

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

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

(viii) Titanium dioxide chloride process oxidation reactors.

(ix) Methane reforming furnaces.

(x) Pulping liquor recovery furnaces.

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

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

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

facility, the acid product has a halogen acid content of at least 3%, the acid product is used in a

manufacturing process, and, except for hazardous waste burned as a fuel, hazardous waste fed to the

furnace has a minimum halogen content of 20% as-generated.

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

the basis of 1 or more of the following factors:

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

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

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

materials in processes using raw materials as principal feedstocks.

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

process to make a material product.

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

(F) Other factors, as appropriate.

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

a source of radiant heat followed by an afterburner using controlled flame combustion and that is not

listed as an industrial furnace.

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

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

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

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

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

that protects the construction materials of the tank or container from the contained waste or reagents

used to treat the waste.

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

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

sciences and the principles of engineering acquired by a professional education and related practical

experience, is qualified to supervise the installation of tank systems

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

than 10 days, other than a hazardous secondary material generator or reclaimer of the material.

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

jurisdiction of the United States.

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R 299.9105 Definitions; L to N.

Rule 105. As used in these rules:

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

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

spectrum. Examples of common lamps include incandescent, fluorescent, high intensity discharge,

sodium vapor, mercury vapor, and neon lamps.

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

land before recycling. This definition does not include land-based production units.

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

in any of the following:

(i) A landfill.

(ii) A surface impoundment.

(iii) A waste pile.

(iv) An injection well.

(v) A land treatment facility.

(vi) A salt dome formation.

(vii) A salt bed formation.

(viii) An underground mine or cave.

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

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

burning where the residues continue to exhibit 1 or more of the characteristics of hazardous waste.

"Land disposal" does not include ocean disposal.

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

40 CFR part 268 that a hazardous waste must meet.

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

land. "Landfill" does not include any of the following:

(i) A pile.

(ii) A land treatment facility.

(iii) A surface impoundment.

(iv) An underground injection well.

(v) A salt dome formation.

(vi) A salt bed formation.

(vii) An underground mine or cave.

(viii) A corrective action management unit.

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

isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.

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

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

facilities if the waste will remain after closure.

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

calendar month:

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

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

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

(iv) Greater than 100 kilograms of any residue or contaminated soil, water, or other debris resulting

from the cleanup of a spill, into or on any land or water, of any acute hazardous waste or severely

toxic hazardous waste.

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

percolated through or drained from hazardous waste.

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

secondary containment structure or the presence of a release of hazardous waste or accumulated

liquid in the secondary containment structure. The system must employ operational controls, such as

daily visual inspections for releases into the secondary containment system or aboveground tanks, or

consist of an interstitial monitoring device designed to continuously and automatically detect the

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

waste into the secondary containment structure.

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

cap, or a layer of waste in a landfill.

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

surface impoundment, landfill, or landfill cell that restricts the downward or lateral escape of

hazardous waste, hazardous waste constituents, or leachate.

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

waste.

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

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

transuranic waste, spent nuclear fuel, or byproduct materials as defined in section 11(e)(2) of the

atomic energy act of 1954, 42 USC 2014(e)(2).

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

collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of

hazardous waste.

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

Form 8700-22A, or the electronic manifest, in accordance with the applicable requirements of parts 3,

4, and 6 of these rules.

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

in item 4 of the manifest by a registered source.

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

for hazardous waste, including any of the following:

(i) Landfill.

(ii) Land treatment.

(iii) Thermal treatment.

(iv) Chemical treatment.

(v) Physical treatment.

(vi) Biological treatment.

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

DOE, or other parties under contract or acting as agent for any of the parties, who handle military

munitions.

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

the DOD or the United States Armed Services for national defense and security, including military

munitions under the control of the DOD, the United States Coast Guard, the DOE, and National

Guard personnel. The term military munitions includes any of the following: confined gaseous,

liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and

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

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

ammunitions, small arms ammunitions, grenades, mines, torpedoes, depth charges, cluster munitions

and dispensers, demolitions charges, and devices and components thereof. Military munitions do not

include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and

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

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

14

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

have been compiled.

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

research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon

systems, or to train military personnel in their use and handling. Ranges include firing lines and

positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones

with restricted access and exclusionary areas.

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

mineral deposit that is removed to gain access to the deposit and is then used for reclamation of a

surface mine.

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

treated, stored, or disposed of. "Miscellaneous unit" does not include any of the following:

(i) A container.

(ii) A tank.

(iii) A surface impoundment.

(iv) A pile.

(v) A land treatment unit.

(vi) A landfill.

(vii) An incinerator.

(viii) A boiler.

(ix) An industrial furnace.

(x) An underground injection well with appropriate technical standards pursuant to 40 CFR part 146.

(xi) A unit that is eligible for a temporary operating license for research under R 299.9501.

(xii) A corrective action management unit.

(xiii) A staging pile.

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

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

byproduct material subject to the atomic energy act of 1954, 42 USC 2011 to 2296b-7, as amended.

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

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

atomic energy act of 1954, 42 USC 2011 to 2296b-7, as amended, under DOE orders, and meets

either of the following requirements:

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

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

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

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

used for the storage or treatment of hazardous waste and for which installation has commenced after

July 14, 1986. For purposes of 40 CFR 264.193(g)(2) and 265.193(g)(2), a new tank system is one

for which construction commences after July 14, 1986.

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

(cc) "No free liquids" as used in R 299.9204, means that solvent-contaminated wipes may not

contain free liquids as determined by Method 9095B, the Paint Filter Liquids Test, included in Test

Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication SW-846 or by

another standard or test method approved by the director, and that there is no free liquid in the

container holding the wipes.

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

severely toxic hazardous waste as defined in these rules.

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

15

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

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

under the authority of the atomic energy act of 1954, 42 USC 2011 to 2296b-7, as amended.

R 299.9106 Definitions; O to Q.

Rule 106. As used in these rules:

(a) "On-ground tank" means a device that satisfies the definition of "tank" in R 299.9108(a) and that

is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding

surface so that the external tank bottom cannot be visually inspected.

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

public or private right-of-way if the entrance and exit between the pieces of property are at a

crossroads intersection and access is by crossing, rather than going along, the right-of-way.

Noncontiguous pieces of property owned by the same person but connected by a right of way that the

owner controls and that the public does not have access is also considered on-site property.

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

or containers, that is located on the site of generation of the wastes, and that does not do either of the

following:

(i) Include equipment for incineration.

(ii) Accept hazardous wastes from other generators.

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

characteristics:

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

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

time and mixing for complete combustion.

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

"thermal treatment.")

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

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

MCL 324.11101 to 324.11153.

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

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

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

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

applicable closure requirements of 40 CFR part 265 and part 6 of these rules at a facility that contains

other active hazardous waste management units. For example, partial closure may include the closure

of a tank, including its associated piping and underlying containment systems, a landfill cell, surface

impoundment, waste pile, or other hazardous waste management units while other units of the same

facility continue to operate.

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

(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.

16

(xii) A political subdivision of a state.

(xiii) Any interstate body.

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

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

hazardous waste facility and whose actions or failure to act might result in noncompliance with

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

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

repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other

than any article that meets any of the following criteria:

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

21 USC 321(v).

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

services not to be a new animal drug.

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

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

subdivision.

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

normal organic chemical manufacturing processes and oil recovered from organic chemical

manufacturing processes.

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

gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants through fractionation, straight

distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking, or other

processes.

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

therapy, or prevention of disease in humans or animals.

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

used for treatment or storage.

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

including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical

inventory.

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

discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and

which is not listed as an industrial furnace.

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

following from which pollutants are or might be discharged:

(i) A pipe.

(ii) A ditch.

(iii) A channel.

(iv) A tunnel.

(v) A conduit.

(vi) A well.

(vii) A discrete fissure.

(viii) A container.

(ix) Rolling stock.

(x) A concentrated animal feeding operation.

(xi) A vessel or other floating craft.

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

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

total organic carbon, or total organic halogen; hazardous waste constituents; or reaction products

which provide a reliable indication of the presence of hazardous constituents in groundwater and

17

which, when specified in a facility operating license, are subject to all of the requirements of

40 CFR part 264, subpart F.

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

either separate it into distinct materials to enhance economic value or to improve the handling of

materials. Processed scrap metal includes, but is not limited to, scrap metal which has been baled,

shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type and fines,

drosses, and related materials which have been agglomerated. Shredded circuit boards being sent for

recycling are not considered processed scrap and are covered under the exclusion from the definition

of waste for shredded circuit boards that are being recycled in R 299.9204.

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

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

products. Processing includes all of the following:

(i) Blending used oil with virgin petroleum products.

(ii) Blending used oils to meet fuel specifications.

(iii) Filtration.

(iv) Simple distillation.

(v) Chemical or physical separation.

(vi) Re-refining.

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

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

of the following:

(i) Turnings.

(ii) Cuttings.

(iii) Punching.

(iv) Borings.

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

used in the treatment, including recycling and reclamation, of municipal sewage or industrial wastes

of a liquid nature and which is owned by a "state" or "municipality," as defined by section 502(4) of

the federal clean water act, 33 USC 1362(4). This definition includes sewers, pipes, or other

conveyances only if they convey wastewater to a POTW providing treatment.

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

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

experience in groundwater hydrology and related fields as may be demonstrated by state registration,

professional certifications, or completions of accredited university courses that enable that individual

to make sound professional judgments regarding groundwater monitoring and contaminant fate and

transport.

R 299.9107 Definitions; R, S.

Rule 107. As used in these rules:

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

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

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

the recovery of lead values from spent batteries and the regeneration of spent solvents. For the

purpose of R 299.9204(1)(aa) and (bb), smelting, melting, and refining furnaces are considered to be

solely engaged in metals reclamation if the metal recovery from the hazardous secondary materials

meets the same requirements as those specified for metals recovery from hazardous waste of

40 CFR 266.100(d)(1)-(3), and if the residuals meet the requirements of R 299.9808.

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

to arrange and facilitate transboundary movements of wastes destined for recovery or disposal

operations, either by purchasing from and subsequently selling to United States and foreign facilities,

18

or by acting under arrangements with a United States waste facility to arrange for the export or import

of the wastes.

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

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

parks, preserves, campgrounds, and wildlife refuges.

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

following:

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

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

metal-containing secondary materials.

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

product, such as spent pickle liquor used as phosphorus precipitant and sludge conditioner in

wastewater treatment.

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

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

filtered and dehydrated used oil. The composition of still bottoms varies with column operation and

feedstock.

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

region in which the facility is located.

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

received hazardous waste after July 26, 1982.

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

that serves a similar functional purpose as the original commercial-grade material. For the purpose of

this definition, a hazardous secondary material is considered higher-value if it was generated from the

use of a commercial-grade material in a manufacturing process and can be remanufactured into a

similar commercial-grade material.

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

owner or operator may obtain instead of an operating license issued under part 5 of these rules. The

RAP shall authorize the treatment, storage, or disposal of hazardous remediation waste at a

remediation waste management site.

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

groundwater, surface water, soils, and sediments, and debris, that are managed for implementing

cleanup.

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

treating, storing, or disposing of hazardous remediation wastes. A remediation waste management

site is not a facility that is subject to corrective action under R 299.9629, but is subject to the

corrective action requirements of part 111 of the act, MCL 324.11101 to 324.11153, and these rules if

the site is located in such a facility.

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

the average properties of the universe or whole.

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

required combustion zone temperature in an incinerator.

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

facility.

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

facility.

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

filled with water.

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

metal pieces, that may be combined together with bolts or by soldering, such as radiators, scrap

automobiles, and railroad car boxes, and that, when worn or superfluous, may be recycled.

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

chloride, sulfate, bicarbonate, and carbonate; waste constituents; reaction products; or other

parameters that provide an indication of the presence of hazardous constituents in groundwater and

which are not subject to the requirements of 40 CFR part 264, subpart F.

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

by containing 1 part per million or more of a severely toxic substance listed in table 202 of these

rules.

(v) "Sham recycling" means recycling that is not legitimate recycling as outlined in R 299.9232. A

hazardous secondary material found to be sham recycled is considered discarded and a waste.

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

designee to each generator, transporter, and treatment, storage, or disposal facility. If a generator,

transporter, or treatment, storage, or disposal facility manages wastes that are hazardous under these

rules, but are not hazardous under RCRA, then "site identification number" means an equivalent

number that is assigned by the director.

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

industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility,

exclusive of the treated effluent from a wastewater treatment plant.

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

that has a maximum total thermal input, excluding the heating value of the sludge itself, of

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

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

month:

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

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

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

(iv) Less than or equal to 100 kilograms of any residue or contaminated soil, water, or other debris

resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste or

severely toxic hazardous waste.

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

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

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

of the following criteria:

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

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

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

a solvent listed in part 2 of these rules.

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

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

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

characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not

eligible for the exclusions in R 299.9204(1)(z) and (2)(q).

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

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

absorption, or both.

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

speculatively if the person accumulating the material shows that all of the following requirements are

met:

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(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 which would be exempt from regulation under

R 299.9204(3)(a) or which are already defined as wastes shall not be included in making the

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

recycling.

(iii) For hazardous secondary materials being to be recycled under R 299.9232, R 299.9233, or

R 299.9234, the material is placed in a storage unit with a label indicating the first date that the

material began to be accumulated. If placing a label on the storage unit is not practicable, the

accumulation period shall be documented through an inventory log or other appropriate method.

(ff) "Spent material" means any material that has been used and as a result of contamination can no

longer serve the purpose for which it was produced without processing.

(gg) "Staging pile" means an accumulation of solid, non-flowing remediation waste that is not a

containment building and that is used only during remedial operations for temporary storage at a

facility. Staging piles must be designated by the director under R 299.9638.

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

(i) The several states.

(ii) The District of Columbia.

(iii) The Commonwealth of Puerto Rico.

(iv) The Virgin Islands.

(v) Guam.

(vi) American Samoa.

(vii) The Commonwealth of the Northern Mariana Islands.

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

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

(jj) "Sump" means any pit or reservoir which satisfies the definition of "tank" in R 299.9108 and

those troughs or trenches connected to it that serve to collect hazardous waste for transport to

hazardous waste storage, treatment, or disposal facilities. When used in conjunction with the

regulation of a landfill, surface impoundment, and waste pile, a sump means any lined pit or reservoir

that serves to collect liquids drained from a leachate collection and removal system or leak detection

system for later removal from the system.

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

part of a treatment, storage, or disposal facility that is a natural topographic depression, man-made

excavation, or diked area formed primarily of earthen materials, although it may be lined with

man-made materials, that is designed to hold an accumulation of liquid wastes or wastes containing

free liquids, and that is not an injection well. Examples of surface impoundments are holding,

storage, settling and aeration pits, ponds, and lagoons.

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

includes the Great Lakes, their connecting waters, all inland lakes and ponds, rivers and streams,

impoundments, open drains, and other watercourses, except for drainage ways and ponds used solely

for wastewater conveyance, treatment, or control.

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.

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

equipment and containment system.

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

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

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

temperatures as the primary means to change the chemical, physical, or biological character or

composition of the hazardous waste. All of the following are examples of thermal treatment

processes:

(i) Incineration.

(ii) Molten salt.

(iii) Pyrolysis.

(iv) Calcination.

(v) Wet air oxidation.

(vi) Microwave discharge.

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

attached to a bimetal sensing element and includes mercury-containing ampules that have been

removed from the temperature control devices in compliance with the requirements of

40 CFR 273.13(c)(2) or 273.33(c)(2).

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

act.

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

directly connected to an industrial production process and that is constructed and operated in a

manner that prevents the release of any hazardous waste or any constituent of a hazardous waste into

the environment during treatment. An example is a pipe in which waste acid is neutralized.

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

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

secondary materials are held during the normal course of transportation.

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

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

by any mode. Each cargo-carrying body, such as a trailer or railroad freight car, is a separate

transport vehicle.

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

by air, rail, highway, or water.

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

to determine any of the following:

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

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

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

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

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

in this definition for the purposes of the exemptions specified in R 299.9204(7), (8), and (9) are liner

compatibility, corrosion, and other material compatibility studies and toxicological and health effects

studies. A treatability study is not a means to commercially treat or dispose of hazardous waste.

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

to change the physical, chemical, or biological character or composition of any hazardous waste to

neutralize the waste, to recover energy or material resources from the waste, or to render the waste

nonhazardous or less hazardous, safer to transport, store, or dispose of, amenable to recovery or

storage, or reduced in volume. Treatment includes any activity in processing that is designed to

change the physical form or chemical composition of hazardous waste to render it nonhazardous.

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

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these rules, is subject to treatment.

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

hazardous constituents are degraded, transformed, or immobilized.

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

determine if the design of an incinerator or other thermal treatment device is satisfactory.

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

operating license to determine if the operation of the incinerator or other thermal treatment device is

satisfactory.

R 299.9109 Definitions; U to Z.

Rule 109. As used in these rules:

(a) "Underground injection" or "well injection" means the subsurface emplacement of fluids through

a bored, drilled, or driven well or through a dug well where the depth of the dug well is greater than

the largest surface dimension.

(b) "Underground tank" means a device that satisfies the definition of "tank" specified in

R 299.9108 and that has its entire surface area below the surface of, and covered by, the ground.

(c) "Unexploded ordnance” means military munitions that have been primed, fused, armed, or

otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in such a

manner that constitutes a hazard to operations, installation, personnel, or material and remain

unexploded either by malfunction, design, or any other cause.

(d) "Unfit for use tank system" means a tank system that has been determined, through an integrity

assessment or other inspection, to be no longer capable of storing or treating hazardous waste without

posing a threat of release of hazardous waste to the environment.

(e) "United States" means any of the following:

(i) The 50 states.

(ii) The District of Columbia.

(iii) The Commonwealth of Puerto Rico.

(iv) The United States Virgin Islands.

(v) Guam.

(vi) American Samoa.

(vii) The Commonwealth of the Northern Mariana Islands.

(f) "United States importer" means a person who has lawfully recognized resident status within the

United States and who brings in, or arranges for the entry of, a shipment of hazardous waste into the

United States from a foreign country. A United States importer may be any of the following persons:

(i) The person who is liable for primary payment of any United States customs duties on the

hazardous waste.

(ii) An agent as defined in R 299.9101.

(iii) The treatment, storage, or disposal facility designated on the manifest.

(iv) The importer of record as designated on the United States customs entry documents.

(v) The transporter who carries the hazardous waste at the point of entry.

(vi) The consignee.

(g) "Universal waste" means any of the hazardous wastes that are identified in R 299.9228(1) and

managed under R 299.9228.

(h) "Universal waste handler" means a generator of universal waste or the owner or operator of a

facility, including all contiguous property, that receives universal waste from other universal waste

handlers, accumulates universal waste, and sends universal waste to another universal waste handler,

a destination facility, or a foreign destination. The term universal waste handler does not include

either of the following:

(i) A person who treats, disposes of, or recycles universal waste, except as provided for in

40 CFR 273.13(a), (c), or (e) or 273.33(a), (c), or (e).

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(ii) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water,

including a universal waste transfer facility.

(i) "Universal waste large quantity handler" means a universal waste handler who accumulates

5,000 kilograms or more total of universal waste at any time.

(j) "Universal waste small quantity handler" means a universal waste handler who does not

accumulate 5,000 kilograms or more total of universal waste at any time.

(k) "Universal waste transfer facility" means any transportation-related facility, including loading

docks, parking areas, storage areas, and other similar areas, where shipments of universal waste are

held during the normal course of transportation for 10 days or less.

(l) "Universal waste transporter" means a person engaged in the off-site transportation of universal

waste by air, rail, highway, or water.

(m) "Unplanned episodic event" means an episodic event that the generator did not plan or

reasonably did not expect to occur, including production process upsets, product recalls, accidental

spills, or "acts of nature," such as a tornado, hurricane, or flood.

(n) "Unsaturated zone" or "zone of aeration" means the zone between the land surface and the water

table.

(o) "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an

aquifer and includes lower aquifers that are hydraulically interconnected with the aquifer within the

facility's property boundary.

(p) "USC" means the United States Code.

(q) "USGS" means the United States Geological Survey.

(r) "USPS" means the United States Postal Service.

(s) "Used oil" means any oil which has been refined from crude oil, or any synthetic oil, which has

been used and which as a result of the use, is contaminated by physical or chemical impurities.

(t) "Used oil aboveground tank" means a tank that is used to store or process used oil and that is not

an underground storage tank as defined in 40 CFR 280.12.

(u) "Used oil aggregation point" means any site or facility that accepts, aggregates, or stores used oil

that is collected only from other used oil generation sites owned or operated by the same owner or

operator of the aggregation point, from which used oil is transported to the aggregation point in

shipments of not more than 55 gallons. Used oil aggregation points may also accept used oil from

household do-it-yourselfers.

(v) "Used oil burner" means a facility where off-specification used oil, as defined in

R 299.9809(1)(f), is burned for energy recovery in the devices identified in R 299.9814.

(w) "Used oil collection center" means any site or facility that has provided written notification of

used oil management activities to the department and that accepts or aggregates and stores used oil

collected from either of the following:

(i) Used oil generators regulated under R 299.9810 who transport used oil to the collection center in

shipments of not more than 55 gallons under 40 CFR 279.24.

(ii) Household do-it-yourselfers.

(x) "Used oil existing tank" means a tank that is used for the storage or processing of used oil and

that is in operation, or for which installation has commenced, on or before October 15, 1996, the

effective date of the amendments to these rules that establish the state's used oil program under

RCRA. Installation commenced if the owner or operator has obtained all federal, state, and local

approvals or permits necessary to begin physical construction of the tank and if either of the

following provisions applies:

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

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

modified without substantial loss, for installation of the tank system to be completed within a

reasonable time.

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(y) "Used oil fuel" means any fuel that is produced from used oil through processing, blending, or

other treatment.

(z) "Used oil fuel marketer" means any person who conducts either of the following activities:

(i) Directs a shipment of off-specification used oil from his or her facility to a used oil burner.

(ii) First claims that the used oil that is to be burned for energy recovery meets the used oil

specifications set forth in R 299.9809(1)(f).

(aa) "Used oil generator" means any person, by site, whose act or process produces used oil or

whose act first causes the used oil to become subject to regulation.

(bb) "Used oil new tank" means a tank that is used for the storage or processing of used oil and for

which installation has commenced after, October 15, 1996, the effective date of amendments to these

rules that establish the state's used oil program under RCRA.

(cc) "Used oil processor/re-refiner" means a facility that processes used oil.

(dd) "Used oil tank" means a stationary device that is designed to contain an accumulation of used

oil and that is constructed primarily of nonearthen materials, such as wood, concrete, steel, or plastic,

that provide structural support.

(ee) "Used oil transfer facility" means any transportation-related facility, including loading docks,

parking areas, storage areas, and other areas, where shipments of used oil are held for more than

24 hours and not more than 35 days during the normal course of transportation or before an activity

performed under R 299.9813(1) or (2). Transfer facilities that store used oil for more than 35 days

are subject to regulation under R 299.9813.

(ff) "Used oil transporter" means any person who transports used oil, any person who collects used

oil from more than 1 generator and transports the collected oil, and owners and operators of used oil

transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes

of transportation, but with the following exception, may not process used oil. Transporters may

conduct incidental processing operations that occur in the normal course of used oil transportation but

that are not designed to produce, or make more amenable for the production of, used oil derived

products or used oil fuel.

(gg) "User of the electronic manifest system" means a generator, a transporter, an owner or operator

of a hazardous waste or recycling facility, or any other person that is required to use a manifest to

comply with any federal or state requirement to track the shipment, transportation, and receipt of

either hazardous waste or other waste material that is shipped from the site of generation to an off-site

designated facility for treatment, storage, recycling, or disposal, or rejected hazardous wastes or

regulated container residues that are shipped from a designated facility to an alternative facility or

returned to the generator and satisfies 1 or both of the following requirements:

(i) Elects to use the electronic manifest system to obtain, complete, and transmit an electronic

manifest format supplied by the system.

(ii) Elects to use the paper manifest form and submits to the electronic manifest system for data

processing purposes a paper copy of the manifest, or the data from the paper copy, in accordance with

40 CFR 264.71(a)(2)(v) or 265.71(a)(2)(v). These paper copies are submitted for data exchange

purposes only and are not the official copies of record for legal purposes.

(hh) "Vehicle" means each separate conveyance used in the transportation of hazardous waste that is

1 of the following:

(i) A railcar as defined in 49 CFR 171.8.

(ii) A semitrailer, truck, or trailer as defined in act 300.

(iii) A truck tractor as defined in act 300, only if the hazardous waste is actually transported in the

cab of the vehicle.

(ii) "Very small quantity generator" means a generator who generates less than or equal to the

following amounts in a calendar month:

(i) 100 kilograms of non-acute hazardous waste.

(ii) 1 kilogram of acute hazardous waste.

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(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.

(jj) "Vessel" means a watercraft that is used or is capable of being used as a means of transportation

on the water.

(kk) "Washout" means the movement of hazardous waste from the active portion of the facility as a

result of flooding.

(ll) "Waste" means material that is defined as waste in R 299.9202.

(mm) "WIETS" means the EPA’s Waste Import Export Tracking System.

(nn) "Waste management area" means the limit projected in the horizontal plane of the area on

which waste will be placed during the active life of a regulated unit and includes horizontal space

taken up by any liner, dike, or other barrier that is designed to contain waste in a regulated unit. If the

facility contains more than 1 regulated unit, then the waste management area is described by an

imaginary line circumscribing the several regulated units.

(oo) "Wastewater treatment unit" means a device that satisfies all of the following requirements:

(i) Is part of a wastewater treatment facility that is subject to regulation under either section 402 or

307(b) of the federal clean water act, 33 USC 1342 or 1317(b).

(ii) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in

R 299.9203, generates and accumulates a wastewater treatment sludge that is a hazardous waste as

defined in R 299.9203, or treats or stores a wastewater treatment sludge that is a hazardous waste as

defined in R 299.9203.

(iii) Meets the definition of "tank" or "tank system" specified in R 299.9108.

(pp) "Water (bulk shipment)" means the bulk transportation of hazardous waste that is loaded or

carried on board a vessel without containers or labels.

(qq) "Well" means any shaft or pit that is dug or bored into the earth, that is generally of a

cylindrical form, and that is often walled with bricks or tubing to prevent the earth from caving in.

(rr) "Wetland" means the areas defined as wetlands in part 303 of the act, MCL 324.30301 to

324.30328.

(ss) "Wipe" means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric,

cotton, polyester blends, or other material.

(tt) "Zone of engineering control" means an area that is under the control of the owner or operator

and that, upon detection of a hazardous waste release, can be readily cleaned up before the release of

hazardous waste or hazardous constituents to groundwater or surface water.

PART 2. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

R 299.9202 "Waste" explained.

Rule 202. (1) A waste is any discarded material that is not excluded by R 299.9204 or that is not

excluded by a variance granted under subrules (6) and (7) of this rule. A discarded material is any

material that is any of the following:

(a) A material that is abandoned by being disposed of; burned or incinerated; accumulated, stored, or

treated, but not recycled, before or instead of being abandoned by being disposed of, burned, or

incinerated; or sham recycled.

(b) A material that is recycled, or accumulated, stored, or treated before recycling, and that meets 1

of the following criteria:

(i) It is a material listed in subrule (2) of this rule and is used in a manner constituting disposal by

being either of the following:

(A) Applied to or placed on the land in a manner that constitutes disposal.

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(B) Used to produce products that are applied to or are placed on the land or are otherwise contained

in products that are applied to or placed on the land, in which cases the product itself remains a waste.

A commercial chemical product listed in R 299.9214 is not a waste if it is applied to the land and that

is its ordinary manner of use.

(ii) It is a material listed in subrule (2) of this rule and it is burned to recover energy, is used to

produce a fuel, or is otherwise contained in fuels, in which cases the fuel itself remains a waste. A

commercial chemical product listed in R 299.9214 is not a waste if it is itself a fuel.

(iii) It is a material listed in subrule (2)(a), (b), or (c) of this rule and it undergoes reclamation,

except as provided for in R 299.9204(1)(v), (aa), (bb), and (cc).

(iv) It is a material listed in subrule (2)(a), (b), (c), or (d) of this rule and it undergoes speculative

accumulation.

(v) It is an inherently waste-like material, having a hazardous waste number of F020, F021, F022,

F023, F026, or F028, or is another waste determined by the administrator based on both of the

following criteria:

(A) The materials are ordinarily disposed of, burned, or incinerated or the materials contain toxic

constituents that are listed in 40 CFR part 261, appendix VIII, and that are not ordinarily found in raw

materials or products for which the materials substitute or are found in raw materials or products in

smaller concentrations, and that are not used or reused during the recycling process.

(B) The material might pose a substantial hazard to human health and the environment when

recycled.

(vi) It is an inherently waste-like material that is a secondary material, that is fed to a halogen acid

furnace, and that exhibits a characteristic of a hazardous waste or is listed as a hazardous waste under

to part 2 of these rules, except for brominated material that meets all of the following criteria:

(A) The material contains a bromine concentration of not less than 45%.

(B) The material contains less than a total of 1% of the toxic organic compounds listed in

40 CFR part 261, appendix VIII.

(C) The material is processed continually on-site in the halogen acid furnace by direct conveyance

such as hard piping.

(c) It is a military munition identified as a waste under R 299.9817.

(2) Any of the following materials may be wastes under subrule (1) of this rule:

(a) Spent materials.

(b) Sludges and by-products listed in R 299.9220 to R 299.9222.

(c) Scrap metal that is not excluded under R 299.9204.

(d) Sludges and by-products that exhibit a characteristic of hazardous waste.

(e) Commercial chemical products listed in R 299.9214.

(3) Except as provided in subrule (4) of this rule, materials are not wastes if they can be shown to be

recycled by any of the following means:

(a) By being used or reused as ingredients in an industrial process to make a product if the materials

are not being reclaimed.

(b) By being used or reused as effective substitutes for commercial products.

(c) By being returned to the original process from which they are generated without first being

reclaimed or placed on the land. The material must be returned as a substitute for feedstock

materials. If the original process to which the material is returned is a secondary process, then the

materials must be managed so that they are not placed on the land.

If the materials are generated and reclaimed within the primary mineral processing industry, the

conditions of the exclusion under R 299.9204(1)(v) apply rather than this subrule.

(4) All of the following materials are wastes, even if the recycling involves use, reuse, or return to

the original process described in subrule (3) of this rule:

(a) Materials used in a manner constituting disposal or used to produce products that are applied to

the land.

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(b) Materials burned for energy recovery, used to produce a fuel, or contained in fuels.

(c) Materials accumulated speculatively.

(d) Inherently waste-like materials listed in subrule (1)(b)(v) and (vi) of this rule.

(5) Respondents in actions to enforce regulations implementing part 111 of the act, MCL 324.11101

to 324.11153, who raise a claim that a certain material is not waste or is conditionally exempt from

regulation shall demonstrate that there is a known market or disposition for the material and that the

respondent meets the terms of exclusion or exemption. In doing so, the respondent shall provide

appropriate documentation, such as contracts showing that a second person uses the material as an

ingredient in a production process, to demonstrate that the material is not a waste or is exempt from

regulation. In addition, owners or operators of facilities claiming that they actually are recycling

materials shall show that they have the necessary equipment for recycling the materials.

(6) The director may determine, on a case-by-case basis, that the following recycled materials are

not wastes:

(a) Materials that are accumulated speculatively without sufficient amounts being recycled, as

defined in R 299.9107.

(b) Materials that are reclaimed and then reused within the original production process in which they

were generated.

(c) Materials that have been reclaimed but must be reclaimed further before the materials are

completely recovered.

(d) Hazardous secondary materials that are reclaimed in a continuous industrial process.

(e) Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or

intermediate.

(7) The director shall use the standards, criteria, and procedures outlined in 40 CFR 260.31, 260.33,

and 260.34 for making determinations under subrule (6) of this rule.

(8) Persons receiving a variance or determination under subrule (6) of this rule shall comply with the

notification requirements of 40 CFR 260.42.

(9) 40 CFR 260.31, 260.33, 260.34, 260.42, 261.31, 261.32, and 261.33 are adopted by reference in

R 299.11003, with the exception that "director" replaces "regional administrator" and "administrator,"

"waste" replaces "solid waste," "R 299.9202" replaces references to "261.2," "R 299.9204" replaces

references to "264.4," "R 299.9204(1)(aa)" replaces references to "261.4(a)(24)," and "Michigan site

identification form, form EQP5150" replaces references to "EPA Form 8700-12."

R 299.9204 Exclusions.

Rule 204. (1) The following materials are not wastes for the purpose of part 111 of the act,

MCL 324.11101 to 324.11153, 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. 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, as amended, except for discharges to

injection wells.

(c) Irrigation return flows.

(d) Source, special nuclear, or by-product material as defined by the atomic energy act of 1954,

42 USC 2011 to 2296b-7, as amended.

(e) Materials that are subjected to in-situ 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 then reused in the

pulping process, unless the liquors are accumulated speculatively, as defined in R 299.9107.

(g) Spent sulfuric acid that is used to produce virgin sulfuric acid provided it is not accumulated

speculatively, as defined in R 299.9107.

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(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 of 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 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 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 that are 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:

29

(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 facility, where

the oil is to be 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 of 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 are

in compliance 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 of the

following requirements; otherwise the exclusion shall not apply:

(A) Submits a 1-time notification to the director stating that the plant intends to claim the exclusion,

giving the date on which 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 upon finding that the plant has returned to compliance with all of 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 of 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 applicable:

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(A) If using a building, the building must be an engineered structure with a floor, walls, and a roof

all of which are made of non-earthen materials providing structural support, except smelter buildings

which may have partially earthen floors provided that the spent material is stored on the non-earthen

portion, have a roof that is suitable for diverting rainwater away from the foundation, and be

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 of 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 off 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:

(A) The types of materials to be 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 purposes of 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 waste 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:

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(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 to

be incorporated into zinc fertilizers shall comply with all of 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 will be 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 must 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 be kept closed except when it is necessary to add or remove material, and must

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 of 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.

(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, which requires any person who 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

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that afterward will be 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 the purposes of determining compliance with the requirements of paragraph (iii) of this

subdivision. At a minimum, the records must include all of the following:

(A) The dates and times product samples were taken, and the dates the samples were analyzed.

(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 of 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 from the start date

of accumulation for each container before being sent for cleaning.

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(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 of 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, 1341, 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 of the following requirements are

met:

(i) The hazardous secondary material is generated and reclaimed in accordance with any of the

following conditions:

(A) It is reclaimed at the generating facility. For the purpose of 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

the purpose of this requirement, "control" means the power to direct the policies of the facility,

whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate

facilities on behalf of a different person shall not be considered to "control" the facilities. The

generating and reclaiming facilities must 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

34

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 financial records,

bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt. For the

purpose of this requirement, "tolling contractor" means a person who 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 who 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 then transferred to another person for

reclamation if all of 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 of 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 the purpose of

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 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

35

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 of 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, as well as

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 of the act, MCL 324.11101

to 324.11153, 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 of the act, MCL

324.11101 to 324.11153, and these rules, the generator must 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 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 to be 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 will be managed in a manner that is protective of human health

and the environment. In evaluating these requirements, the hazardous secondary material generator

36

may rely on publicly available information from this state or 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 upon request by the department within

72 hours, or within a longer period of time as approved by the department. The certification

statement must include all of 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 would be 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 of 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 of 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 of the following conditions:

(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.

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(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.

An "analogous raw material" is 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 then transferred to another person for

remanufacturing if all of the following requirements are met:

(i) The hazardous secondary material consists of 1 or more of the following spent solvents:

(A) Toluene.

(B) Xylenes.

(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.

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(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, 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.

(vi) Both the hazardous secondary material generator and the remanufacturer shall do all of the

following:

(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 of 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 will be 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, are in compliance 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 from 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 such clean air act standards for the

particular operation or piece of equipment covered by the remanufacturing exclusion, are in

compliance 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 paragraphs (i)-(v) of subdivision (bb) of this

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subrule, except subparagraph (B)(II) of paragraph (v) for foreign reclaimers and foreign intermediate

facilities, and all of 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 at least 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 12-month period. The notification must be in writing, signed

by the hazardous secondary material generator, and include all of 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 period of time 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 the means by which each shipment of hazardous secondary material will be

transported, including the mode of transportation vehicle and the types of containers.

(G) A description of the manner in which 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 the purposes of this provision, the terms "EPA Acknowledgment of

Consent," "country of import," and "country of transit" have the same meanings 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 subparagraph (A) of paragraph (i) of this

subdivision and decreases in the quantity of hazardous secondary material indicated under

subparagraph (D) of paragraph (i) 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) Upon 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 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

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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 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 such cases, the EPA shall send

an 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 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

re-notify 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 from the date

of receipt of the EPA Acknowledgement of Consent. This recordkeeping requirement may be

satisfied by retaining electronically submitted notifications or electronically generated

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 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 of 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.

(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.

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(2) The following wastes are not hazardous wastes for the purposes of part 111 of the act,

MCL 324.11101 to 324.11153, 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 is in compliance 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 assure 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. For the purpose of subdivision (d) of this subrule, coal pile run-off means any

precipitation that drains off of coal piles.

(ii) Boiler cleaning solutions. For the purposes of subdivision (d) of this subrule, boiler cleaning

solutions means water solutions and chemical solutions used to clean the fire-side and water-side of

the boiler.

(iii) Boiler blowdown. For the purposes of subdivision (d) of this subrule, boiler blowdown means

water purged from boilers used to generate steam.

(iv) Process water treatment and demineralizer regeneration wastes. For the purposes of subdivision

(d) of this subrule, process water treatment and demineralizer regeneration wastes 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. For the purposes of subdivision (d) of this subrule, cooling tower

blowdown 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. For the purposes of subdivision (d) of this subrule, air

heater and precipitator washes means wastes from cleaning air preheaters and electrostatic

precipitators.

(vii) Effluents from floor and yard drains and sumps. For the purposes of subdivision (d) of this

subrule, effluents from floor and yard drains and sumps 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. For the purposes of subdivision (d) of this subrule, wastewater

treatment sludges means sludges that are generated from the treatment of wastewaters specified in

paragraphs (i) to (vi) of this subdivision.

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(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 any other constituent or are not listed due to the presence of any other

constituent, and that do not fail the test for any other characteristic, if it is shown by a waste generator

or by waste generators that all of 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 any other constituent and do not fail the test for any other

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.

(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.

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(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.

(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. For purposes of this subdivision,

the following provisions apply:

(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.

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(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

subrule (2) of this rule if the owner or operator meets both of the following requirements:

(A) Processes at least 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 sub rule and any

other waste that exhibits a hazardous waste characteristic under R 299.9212 and that is not listed

under R 299.9213 or R 299.9214, such 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.

(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 through D017 and that is not a

hazardous waste for any other reason, if the waste is generated by persons who 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 through 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) Any other equivalent hot-draining method that will remove used oil.

(p) Leachate or gas condensate collected from landfills where certain wastes have been disposed of

if all of 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 any other 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

45

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 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 of

the following requirements are met: