The overall authority for promulgation of the State Program rules is provided to the Director. The
federal statutory basis and regulatory basis for the proposed rules are Section 3006 of RCRA and
Title 40 of the Code of Federal Regulations (40 CFR), Parts 260-266, 270, 271, 273, and 279,
respectively. State authorities are listed below in Item A.
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
Sections 11115a, 11123, 11127, 11128, 11132a, 11137, 11140, and 11153 of Part 111 Hazardous
Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as
amended (NREPA); Executive Reorganization Order Nos. 1995-16, 2009-31, and 2011-1,
Michigan Compiled Laws (MCL) 324.99903, 324.99919, and 324.99921.
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
Yes, promulgation of these rules is mandated under NREPA, regarding the incorporation and
adoption of the governing federal regulations, which are outlined in the requirements for program
authorization in 40 CFR Part 271, Requirements for Authorization of State Hazardous Waste
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The proposed rules do not conflict with any similar state or federal rules, or duplicate similar state
rules. The proposed rules do not duplicate similar federal rules, except to the extent required for
Michigan to maintain its federal delegation as an authorized state.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
The proposed rule revisions do not exceed similar regulations or standards at the state, regional, or
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
The rules do incorporate changes based on public input. Specifically, there are changes to address
comments on expanded regulatory exemptions for certain leather wastes such as gloves and
aprons. There are also changes to allow for more descriptive labelling of containers and tanks of
hazardous waste and the commingling of hazardous wastes.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules
and the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.