Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
AGENCY REPORT TO THE  
JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)  
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  
Email of person completing this form:  
BLAYERR@michigan.gov  
Name of Department Regulatory Affairs Officer reviewing this form:  
Dale Shaw  
RULE SET INFORMATION:  
MOAHR assigned rule set number:  
2023-5 EQ  
Title of the proposed rule set:  
Hazardous Waste Management  
1. Purpose of the proposed rules and background:  
The purpose of the proposed rules is to maintain federal authorization to administer the state’s Hazardous Waste  
Management Program (State Program) under the federal Resource Conservation and Recovery Act (RCRA) of 1976,  
as amended by the 1984 Hazardous and Solid Waste Amendments; to improve the overall quality of the rules in terms  
of consistency, clarification of existing requirements and areas of program coverage; and to reduce some of the  
regulatory burdens on the regulated community by providing flexible requirements and additional options for  
exemption from full management as a hazardous waste.  
The proposed rules address federal revisions that are required for EGLE to maintain its authorization, as well as  
revisions for consistency purposes.  
The federal revisions relate to the safe management of recalled airbags, pharmaceutical wastes, and the  
modernization of the test methodology for ignitable liquids.  
The proposed rules also address revisions based on EGLE and public recommendations. These revisions pertain to  
exemptions from hazardous waste rules, the commingling of hazardous wastes, groundwater monitoring, and  
consistency within these rules and other state programs, where possible.  
2. Summary of the proposed rules:  
The purpose of the proposed rules is to maintain federal authorization to administer the state’s Hazardous Waste  
Management Program (State Program) under the federal Resource Conservation and Recovery Act (RCRA) of 1976,  
as amended; to improve the overall quality of the rules in terms of consistency, clarification of existing requirements,  
and areas of program coverage; and to reduce some of the regulatory burdens by providing flexible requirements and  
additional options for exemption from full management as a hazardous waste.  
The proposed rules address federal revisions required to maintain authorization and optional provisions authorized  
states may incorporate into their rules for consistency purposes. The revisions relate to the safe management of  
MCL 24.242 and 24.245  
Agency Report to JCAR -Page 2  
recalled airbags, pharmaceutical wastes, modernization of the test methodology for ignitable liquids, changes to  
Canadian import/export recovery and disposal codes, and test methods for standards to control organic emissions.  
The proposed rules also contain revisions based on state and public recommendations. The revisions pertain to  
hazardous waste exemptions, commingling of hazardous wastes, groundwater monitoring, and consistency with other  
state rules.  
3. List names of newspapers in which the notice of public hearing was published and publication  
dates:  
•
•
•
•
Lansing State Journal, July 12, 2024.  
Marquette Mining Journal, July 13, 2024.  
Detroit Free Press, July 12, 2024.  
Detroit News, July 12, 2024.  
4. Date of publication of the proposed rules and notice of public hearing in the Michigan Register:  
8/1/2024  
5. Date, time, and location of the public hearing:  
8/21/2024 01:30 PM at ConCon Conference Room, Constitution Hall, Michigan Department of Environment, Great  
Lakes, and Energy, Constitution Hall, Atrium - South, 525 West Allegan Street, Lansing, Michigan 48933  
6. Provide the link the agency used to post the regulatory impact statement and cost-benefit analysis  
on its website:  
https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1432  
7. List of the name and title of agency representative(s) who attended the public hearing:  
•
Kimberly M. Tyson, Department of Environment, Great Lakes, and Energy (EGLE), Materials Management  
Division (MMD).  
•
Ronda L. Blayer, EGLE, MMD.  
8. Persons submitting comments of support:  
•
Caroline Liethen  
9. Persons submitting comments of opposition:  
None.  
10. Persons submitting other comments:  
•
•
Robert Perreault  
Todd Rouse  
11. Identify any changes made to the proposed rules based on comments received during the public  
comment period:  
Name &  
Comments Made at Written Comments  
Agency Rationale for Rule Rule Number &  
Organization Public Hearing  
Change & Description of  
Change(s) Made  
Citation  
Changed  
1
Caroline  
Liethen,  
Michigan  
Manufacturers limit for very small  
Association quantity generators  
EGLE should remove  
the 6,000-kilogram  
(kg) accumulation  
EGLE has removed the  
proposed subrule (8) that  
would limit VSQGs and  
SQGs episodic event onsite  
accumulation to 6,000 kg.  
R 299.9316(8) ꢀ  
MCL 24.242 and 24.245  
Agency Report to JCAR -Page 3  
(VSQG) and small  
quantity generators  
(SQG) during  
This change is consistent  
with implementation of  
episodic event provisions in  
the majority of other states  
without increasing threats to  
human health or the  
episodic events.  
environment. The removal of  
this subrule does not change  
the existing 6,000 kg  
accumulate limit for VSQGs  
and SQGs during normal  
operations (i.e., outside of an  
episodic event).  
12. Date report completed:  
5/7/2026  
MCL 24.242 and 24.245  
;