State Budget Office
Office of Regulatory Reinvention
111 S. Capitol Avenue; 8th Floor, Romney Building,
Lansing, MI 48933
Phone: (517) 335-8658 FAX: (517) 335-9512
REQUEST FOR RULEMAKING (RFR)
Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority to
promulgate rules must electronically file a RFR with the Office of Regulatory Reinvention (ORR) before
initiating any changes or additions to the rules. Submit copy to the ORR at orr@michigan.gov.
1. Agency Information
Agency name: Department of Environmental Quality (DEQ)
Division/Bureau/Office: Waste Management and Radiological Protection Division
2. Rule Set Information
Title of proposed rule set: Hazardous Waste Management
Rule number(s) or range of numbers: R 299.9101 et seq.
Included in agency’s annual regulatory plan as rule to be processed in current year? Yes
3. Estimated timetable for completion, or statutory deadline, if applicable:
RFR approval: January 2018
ORR and Legislative Service Bureau (LSB) informal reviews: April 2018
Public hearing: July 2018
Response to comments and DEQ/ORR approval of changes after hearing: August 2018
LSB and ORR formal certifications: October 2018
Rules effective: November 2018
4. Describe the general purpose of these rules, including any problem(s) the changes are intended to
address:
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.
5. Cite the specific rule promulgation authority (i.e. agency director, commission, board, etc., listing all
applicable statutory references. If the rule(s) are mandated by any applicable constitutional or
statutory provision, please explain.
The federal statutory and regulatory basis for the rules are Section 3006 of the RCRA, as amended, and
Title 40 of the Code of Federal Regulations, Parts 260-266, 268, 270, 271, 273, and 279, respectively. The
state statutory basis for the rules is Sections 11115a, 11115b, 11118a, 11123, 11127, 11128, 11130,
11132a, 11137, 11138, 11140, 11141, and 11153 of Act 451, being Michigan Compiled Law (MCL)
324.11115a, 324.11115b, 324.11118a, 324.11123, 324.11127, 324.11128, 324.11130, 324.11132a,
Revised: January 4, 2018
MCL 24.239