Michigan Office of Administrative Hearings and Rules

611 W. Ottawa Street

Lansing, MI 48909

Phone: 517-335-8658 Fax: 517-335-9512

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Environment, Great Lakes and Energy

Division/Bureau/Office:

Materials Management Division

Name of person completing this form:

Ronda Blayer

Phone number of person completing this form:

517-284-6555

E-mail of person completing this form:

blayerr@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

David Fiedler

2. Rule Set Information

MOAHR assigned rule set number:

2018-12 EQ

Title of proposed rule set:

Hazardous Waste Management

3. Purpose for the proposed rules and background:

The purpose of the rules is to maintain federal authorization to administer the state's Hazardous Waste

Management Program (Program) under Part 111, Hazardous Waste Management, of the Natural

Resources and Environmental Protection Act, 1994 PA 451, as amended (Part 111) in lieu of the

federal Program under the Resource Conservation and Recovery Act of 1976, as amended by the

Hazardous and Solid Waste Amendments of 1984 (RCRA); to improve the overall quality of the rules

in terms of clarification of existing requirements and areas of program coverage; and to reduce some

of the burdens on the regulated community by providing streamlined and flexible requirements. The

rules address federal revisions required to maintain authorization and those that authorized states have

the option of incorporating into their rules for consistency purposes. The revisions address generator

improvement, import/export, and electronic manifesting requirements. The rules also address

revisions based on DEQ and public recommendations relating to hazardous waste identification and

listing, aerosol cans as universal waste, adoption by reference updates, and typographical corrections.

4. Summary of proposed rules:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

These rules are necessary for EGLE to maintain its authorization from the U.S. Environmental

Protection Agency to administer the state's Hazardous Waste Management Program (Program) in lieu

of the federal Program under the Resource Conservation and Recovery Act of 1976, as amended; to

improve rule clarity; and to reduce some of the regulatory burdens by providing flexible

requirements. The federal revisions relate to the definition of solid waste, import/export, generator

improvement, and e-manifest requirements. The rules also include state initiated revisions regarding

identification and listing, universal waste, reference updates, and typographical corrections.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

Marquette Mining Journal – September 11, 2019; Lansing State Journal – September 11, 2019;

Detroit News – September 11, 2019; and Detroit Free Press – September 11, 2019

6. Date of publication of rules and notice of public hearing in Michigan Register:

10/24/2019

7. Date, time, and location of public hearing:

10/16/2019 01:30 PM at ConCon Conference Room, Constitution Hall, Atrium South , 525 W

Allegan Street, Lansing, MI 48933

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://dtmb.state.mi.us/ARS_Public/Transaction/RFRTransaction?TransactionID=31

9. List of the name and title of agency representative(s) attending public hearing:

The following staff from the EGLE, Material Management Division attended the public hearing:

Ronda Blayer, Rules Hearing Officer; Vickie Terry, Section Secretary; C.J. Ludwick, Management

and Tracking Unit; and Rich Conforti, Management and Tracking Unit Supervisor.

10. Persons submitting comments of support:

Michael Carlson, MEC Environmental Consulting; Bill Lievense, Michigan Manufacturing

Association; Rick Powals, Environmental GEO-Technologies, LLC and Phil Tannian, U.S. Ecology.

11. Persons submitting comments of opposition:

None

12. Identify any changes made to the proposed rules based on comments received during the

public comment period:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Name &

Comments made at Written

Agency Rationale Rule number

Organization public hearing

Comments

for change

& citation

changed

1

Phil Tannian,

U.S. Ecology

Definition of

“EPA

Make definition

consistent with

R 299.9103(i)

Acknowledgeme federal definition

nt of Consent

(AOC)”

Written document

dated 10-24-

2019, page 7

2

Phil Tannian,

U.S. Ecology

Definition of

“Primary

Updated consistent R 299.9106(s)

with the federal

exporter”

definition and the

remainder of the

Written document rule re lettered as

dated 10-24-

2019, page 17

two of the subrules

had the same letter

assigned.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

3

Michael

Revised to be

R 299.9228

Carlson, MEC

Environmental

Consulting; and

Bill Lievense,

Michigan

Aerosol cans and consistent with the

Management of federal provisions

Broken Universal for electric lamps,

Waste Lamps

including the

management of

broken lamps as

universal wastes,

Manufacturing

Association

MEC

Environmental

Consulting letter and aerosol cans

dated September as universal

11, 2019 and

MMA Letter

wastes. The state

had identified

dated October 23, electric lamps as

2019

universal wastes

prior to the federal

program. Thus,

the current rules

were modified by

incorporating by

reference the

newer federal

requirements.

Similarly, the state

proposed aerosol

cans as universal

wastes prior to the

federal program

finalizing its

proposal to also

identify aerosol

cans as universal

wastes. However,

during the rules

process, the

federal provisions

were finalized.

So, the state-

specific

requirements have

been replaced by

incorporating by

reference the new

federal

requirements.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

4

Phil Tannian,

U.S. Ecology

Changes to

catchline

Catchline was

modified to use

federal terms (e.g.,

R 299.9314

Written document “shipments”

dated 10-24-

became

2019, page 102

“movements” and

“and disposal”

was added

after the word

“recovery.”

5

Phil Tannian,

U.S. Ecology

Manifest

clarification

Revised to clarify R 299.9405

where the term (2)(f) and (3)

“CD” needed to be (d)

Written document placed on the

dated 10-24-

manifest.

2019, page 109

Duplicate shall

6

7

Phil Tannian,

U.S. Ecology

A duplicate “shall” R 299.9511

was removed from (5)(b)

Written document R 299.9511(5)(b).

dated 10-24-

2019, page 114

Changing the

term tracking

Phil Tannian,

U.S. Ecology

Revised by

R 299.9608

changing the term (4)

“tracking” to

Written document movement

dated 10-24-

2019, page 123

consistent with the

federal language.

13.Date report completed:

2/21/2020

MCL 24.242 and 24.245