Michigan Office of Administrative Hearings and Rules  
MOAHR-Rules@michigan.gov  
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:  
Dale Shaw  
2. Rule Set Information  
MOAHR assigned rule set number:  
2023-5 EQ  
Title of proposed rule set:  
Hazardous Waste Management  
3. Purpose for 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.  
4. Summary of proposed rules:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
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 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.  
5. 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.  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
8/1/2024  
7. Date, time, and location of 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  
8. 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  
9. 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.  
10. Persons submitting comments of support:  
•Caroline Liethen  
11. Persons submitting comments of opposition:  
None.  
12. Persons submitting other comments:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
•Robert Perreault  
•Todd Rouse  
13. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
Name &  
Organization public hearing  
Comments made at Written  
Comments  
Agency Rationale Rule number  
for Rule Change & citation  
and Description changed  
of Change(s)  
Made  
1
Caroline  
Liethen,  
Michigan  
Manufacturers limit for very small  
Association  
EGLE should remove  
the 6,000-kilogram  
(kg) accumulation  
EGLE has  
removed the  
R 299.9316  
(8)  
proposed subrule  
(8) that would  
limit VSQGs and  
SQGs episodic  
event onsite  
accumulation to  
6,000 kg. This  
change is  
quantity generators  
(VSQG) and small  
quantity generators  
(SQG) during episodic  
events.  
consistent with  
implementation of  
episodic event  
provisions in the  
majority of other  
states without  
increasing threats  
to human health or  
the 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).  
14.Date report completed:  
11/20/2024  
MCL 24.242 and 24.245  
;