Mich. Admin. Code R. 299.9203 - "Hazardous waste" explained
Rule 203.
(1) A
waste , as explained in
R
299.9202, is a hazardous waste if it is not excluded
from regulation pursuant to
R 299.9204(1) or
(2) and if it meets any of the following
criteria:
(b) It is listed in
R 299.9213 or
R 299.9214 and has not been excluded
from the lists pursuant to
R 299.9211.
(c) It is a mixture of a waste and 1 or more
hazardous wastes that are listed in
R 299.9213 or
R 299.9214 and has not been excluded
from this subdivision pursuant to
R 299.9211 or subrule (7) or (8) of
this rule; however, mixtures of wastes and hazardous wastes that are listed in
R 299.9213 and
R 299.9214 are not hazardous wastes,
except by application of subdivision (a) or (b) of this subrule, if the
generator can demonstrate that the mixture consists of wastewater which, with
respect to discharge , is subject to regulation pursuant to either section 402
or section 307(b) of the federal clean water act , including wastewater at
facilities that have eliminated the discharge of wastewater , and is 1 of the
following:
(i) One or more of the following
spent solvents that are listed in
R 299.9213, if the maximum total
weekly usage of the solvents, other than the amounts that can be demonstrated
not to be discharged to wastewater , divided by the average weekly flow of
wastewater into the headworks of the facility 's wastewater treatment or
pretreatment system is not more than 1 part per million or the total measured
concentration of these solvents entering the headworks of the facility 's
astewater treatment system , at facilities subject to regulation under parts 60,
61, or 63 of the federal clean air act or at facilities subject to an
enforceable limit in a federal operating permit that minizmizes fugitive
emissions , is not more than 1 part per million on an average weekly basis:
(A) Carbon tetrachloride.
(B) Tetrachloroethylene.
(C) Trichloroethylene.
(D) Benzene.
(E) Scrubber waters derived from the
combustion of the spent solvents listed in subparagraphs (A) to (D) of this
paragraph.
Any
(ii) One or more of the following spent
solvents that are listed in
R 299.9213, if the maximum total
weekly usage of the solvents, other than the amounts that can be demonstrated
not to be discharged to wastewater , divided by the average weekly flow of
wastewater into the headworks of the facility 's wastewater treatment or
pretreatment system is not more than 25 parts per million or the total measured
concentration of these solvents entering the headworks of the facility 's
wastewater treatment system , at facilities subject to regulation under part 60,
61, or 63 of the federal clean air act or at facilities subject to an
enforceable limit in a federal operating permit that minizmizes fugitive
emissions , is not more than 25 parts per million on an average weekly basis:
(A) Methylene chloride.
(B) 1,1,1-Trichloroethane.
(C) Chlorobenzene.
(D) o-dichlorobenzene.
(E) Cresols.
(F) Cresylic acid.
(G) Nitrobenzene.
(H) Toluene.
(I) Methyl ethyl ketone.
(J) Carbon disulfide.
(K) Isobutanol.
(L) Pyridine.
(M) Spent chlorofluorocarbon
solvents.
(N)
2-ethoxyethanol.
(O) Scrubber
waters derived from the combustion of the spent solvents listed in
subparagraphs (A) to (N) of this paragraph.
Facilities that choose to measure concentration levels
shall file a copy of their sampling and analysis plan with the
(iii) One or more of the following wastes
that are listed in
R 299.9213 if the wastes are
discharged to the refinery oil recovery sewer before primary oil/water/solids
separation.
(A) Heat exchanger bundle
cleaning sludge from the petroleum refining industry, K050.
(B) Crude oil storage tank sediment from
petroleum refining operations, K169.
(C) Clarified slurry oil tank sediment or
in-line filter/separation solids from petroleum refining operations,
K170.
(D) Spent hydrotreating
catalyst, K171.
(E) Spent
hydrorefining catalyst, K172.
(iv) A discarded hazardous
waste , commercial chemical product, or chemical intermediate
listed in
R 299.9213 or
R 299.9214, arising from de minimis
losses of the materials from manufacturing operations in which the materials
are used as raw materials or are produced in the manufacturing process . For the
purpose of this paragraph, de minimis losses are inadvertent releases to a
wastewater treatment system , including any of the following:
(A) Losses from normal material handling
operations, such as spills from the unloading or transfer of materials from
bins or other containers or leaks from pipes, valves, or other devices that are
used to transfer materials.
(B)
Minor leaks of process equipment , storage tanks, or containers.
(C) Leaks from well -maintained pump packings
and seals.
(D) Sample
purgings.
(E) Relief device
discharges.
(F) Discharges from
safety showers and the rinsing and cleaning of personal safety
equipment .
(G) Rinsate from empty
containers or from containers that are rendered empty by that rinsing.
Any manufacturing
(v)
Wastewater which results from laboratory operations and which contains toxic
(T) wastes listed in
R 299.9213 or
R 299.9214 if the annualized average
flow of laboratory wastewater is not more than 1% of total wastewater flow into
the headworks of the facility 's wastewater treatment or pretreatment system or
if the wastes' combined annualized average concentration is not more than 1
part per million in the headworks of the facility 's wastewater treatment or
pretreatment facility . Toxic (T) wastes which are used in laboratories and
which are demonstrated not to be discharged to wastewater shall not be included
in the calculation.
(vi) Wastewater
from the production of carbamates and carbamoyl oximes, K157, if the maximum
weekly usage of formaldehyde, methyl chloride, methylene chloride, and
triethylamine, including all amounts that cannot be demonstrated to be reacted
in the process , destroyed through treatment , or recovered, divided by the
average weekly flow of process wastewater before any dilutions into the
headworks of the facility 's wastewater treatment system is not more than a
total of 5 parts per million by weight or the total measured concentration of
these chemicals entering the headworks of the facility 's wastewater treatment
system is not more than 5 parts per million on an average weekly basis.
Facilities that choose to measure concentration levels shall file a copy of
their sampling and analysis plan with the director . A facility shall file a
revised sampling and analysis plan if the initial plan is rendered inaccurate
by changes in the facility 's operations. The sampling and analysis plan shall
include the monitoring point location at the headworks, the sampling frequency
and methodology, and a list of constituents to be monitored. A facility shall
be eligible for the direct monitoring option once it receives confirmation that
the sampling and analysis plan has been received by the director . The director
may reject the sampling and analysis plan if he or she finds that the sampling
and analysis plan does not include the required information or the plan
parameters do not enable the facility to calculate the weekly average
concentration of these chemicals accurately. If the director rejects the
sampling and analysis plan or finds that the facility is not following the
sampling and analysis plan, he or she shall notify the facility that it must
cease the use of the direct monitoring option until the bases for the rejection
are corrected.
(vii) Wastewater
derived from the treatment of organic waste from the production of carbamates
and carbamoyl oximes, K156, if the maximum concentration of formaldehyde,
methyl chloride, methylene chloride, and triethylamine before any dilutions
into the headworks of the facility 's wastewater treatment system is not more
than a total of 5 milligrams per liter or the total measured concentration of
these chemicals entering the headworks of the facility 's wastewater treatment
system is not more than 5 milligrams per liter on an average weekly basis.
Facilities that choose to measure concentration levels shall file a copy of
their sampling and analysis plan with the director . A facility shall file a
revised sampling and analysis plan if the initial plan is rendered inaccurate
by changes in the facility 's operations. The sampling and analysis plan shall
include the monitoring point location at the headworks, the sampling frequency
and methodology, and a list of constituents to be monitored. A facility shall
be eligible for the direct monitoring option once it receives confirmation that
the sampling and analysis plan has been received by the director . The director
may reject the sampling and analysis plan if he or she finds that the sampling
and analysis plan does not include the required information or the plan
parameters do not enable the facility to calculate the weekly average
concentration of these chemicals accurately. If the director rejects the
sampling and analysis plan or finds that the facility is not following the
sampling and analysis plan, he or she shall notify the facility that it must
cease the use of the direct monitoring option until the bases for the rejection
are corrected.
(d) It is
a mixture of a waste and a hazardous waste that meets the characteristic of
severe toxicity pursuant to
R
299.9212(5).
(e) It is a used oil that contains more than
1,000 parts per million total halogens. Used oil that contains more than 1,000
parts per million is presumed to be a hazardous waste and is regulated as such
under part 111 of the act and these rules. A person may rebut the presumption
by demonstrating that the used oil does not contain hazardous waste . The
demonstration may be made by showing that the used oil does not contain
significant concentrations of halogenated hazardous constituents that are
listed in 40 C.F.R. part 261, appendix VIII. The rebuttable presumption rule
does not apply to the following materials:
(i) Metalworking oils or fluids that contain
chlorinated paraffins if the oils or fluids are processed through a tolling
agreement as specified in
40 C.F.R. §
279.24(c) to reclaim the
oils or fluids. The rebuttable presumption does apply, however, if the oils or
fluids are recycled in any other manner or are disposed of.
(ii) Used oils that are contaminated with
chlorofluorocarbons which have been removed from refrigeration units if the
chlorofluorocarbons are destined for reclamation . The rebuttable presumption
does apply, however, if the used oils are contaminated with chlorofluorocarbons
that have been mixed with used oil from sources other than refrigeration units.
(2) A waste
that is not excluded from regulation pursuant to
R 299.9204(1) or
(2) becomes a hazardous waste when any of the
following events occur:
(a) In the case of a
waste that is listed in
R 299.9213 or
R 299.9214, when the waste first
meets the listing description.
(b)
In the case of a mixture of waste and one or more listed hazardous wastes or
severely toxic wastes, when a waste that is hazardous pursuant to
R
299.9212(5),
R 299.9213, or
R 299.9214 is first added to the
waste .
(c) In the case of any other
waste , including a waste mixture, when the waste exhibits any of the
characteristics identified in
R
299.9212.
(3) Unless and until it meets the criteria of
subrule (5) of this rule, a hazardous waste will remain a hazardous waste , and,
except as provided in subrules (4), (7), and (8) of this rule, any waste
generated from the treatment , storage , or disposal of a hazardous waste ,
including any sludge , spill residue, ash, emission control dust, or leachate ,
but not including precipitation runoff , is a hazardous waste . Materials that
are reclaimed from wastes and that are used beneficially are not wastes and
hence are not hazardous wastes pursuant to this subrule, unless the reclaimed
material is burned for energy recovery or used in a manner that constitutes
disposal .
(4) All of the following
wastes are not hazardous even though they are generated from the treatment ,
storage , or disposal of a hazardous waste , unless they exhibit 1 or more of the
characteristics of hazardous waste :
(a) Waste
pickle liquor sludge generated by lime stabilization of spent pickle liquor
from the iron and steel industry, as defined by standard industrial codes 331
and 332 in the office of management and budget document entitled "Standard
Industrial Classification Manual."
(b) Wastes from burning any of the materials
exempted from regulation by
R
299.9206(3)(c) to (f).
(c) Nonwastewater residues, such as slag,
which result from high temperature metals recovery processing of K061, K062, or
F006 waste in units identified as rotary kilns, flame reactors, electric
furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric
furnace combinations, or industrial furnaces and which are disposed of in units
regulated under part 115 of the act , if the residues are in compliance with the
specified generic exclusion levels. Testing requirements shall be incorporated
in a facility 's waste analysis plan or generator 's self-implementing waste
analysis plan. At a minimum, samples of residues shall be collected and
analyzed quarterly or when the process or operation generating the waste
changes. A person who claims this exclusion in an enforcement action shall have
the burden of proving, by clear and convincing evidence, that the material
meets all of the exclusion requirements:
(i)
For K061 and K062 nonwastewater high temperature metals recovery residues, the
specified generic exclusion levels are as follows:
(A) Antimony, 0.10 mg/l.
(B) Arsenic, 0.50 mg/l.
(C) Barium, 7.6 mg/l.
(D) Beryllium, 0.010 mg/l.
(E) Cadmium, 0.050 mg/l.
(F) Chromium (total), 0.33 mg/l.
(G) Lead, 0.15 mg/l.
(H) Mercury, 0.009 mg/l.
(I) Nickel, 1.0 mg/l.
(J) Selenium, 0.16 mg/l.
(K) Silver, 0.30 mg/l.
(L) Thallium, 0.020 mg/l.
(M) Zinc, 70 mg/l.
(ii) For F006 nonwastewater high temperature
metals recovery residues, the specified generic exclusion levels are as
follows:
(A) Antimony, 0.10 mg/l.
(B) Arsenic, 0.50 mg/l.
(C) Barium, 7.6 mg/l.
(D) Beryllium, 0.010 mg/l.
(E) Cadmium, 0.050 mg/l.
(F) Chromium (total), 0.33 mg/l.
(G) Cyanide (total), 1.8 mg/kg.
(H) Lead, 0.15 mg/l.
(I) Mercury, 0.009 mg/l.
(J) Nickel, 1.0 mg/l.
(K) Selenium, 0.16 mg/l.
(L) Silver, 0.30 mg/l.
(M) Thallium, 0.020 mg/l.
(N) Zinc, 70 mg/l.
(iii) For nonwastewater residues resulting
from the high temperature metals recovery processing of KO61, K062, or F006
waste which meet the generic exclusion levels specified in this subdivision and
which do not exhibit any hazardous waste characteristic, and which are sent to
a unit regulated under part 115 of the act , the person claiming the exclusion
shall send a 1-time notification and certification to the director . The
notification and certification shall be in compliance with all of the following
provisions:
(A) The notification and
certification shall be maintained at the facility .
(B) The notification and certification shall
be updated by the person claiming the exclusion if the process or operation
generating the waste changes or if the unit regulated under part 115 of the act
that is receiving the waste changes. However, the director need only be
notified on an annual basis, by the end of the calendar year, if a change
occurs.
(C) The notification shall
include all of the following information:
(1)
The name and address of the unit regulated under part 115 of the act that is
receiving the waste shipment.
(2)
The site identification number and treatability group of the waste at the
initial point of generation.
(3)
The treatment standards applicable to the waste at the initial point of
generation.
(D) The
certification shall be signed by an authorized representative and shall include
the following statement: "I certify under penalty of law that the generic
exclusion levels for all constituents have been met without impermissible
dilution and that no characteristic of hazardous waste is exhibited. I am aware
that there are significant penalties for submitting a false certification ,
including the possibility of fine and imprisonment."
(d) Biological treatment sludge
from the treatment of organic wastes from the production of carbamates and
carbamoyl oximes, K156, or wastewaters from the production of carbamates and
carbamoyl oximes, K157.
(e)
Catalyst inert support media separated from either or both of the following
wastes listed in
R 299.9213:
(i) Spent hydrotreating catalyst,
K171.
(ii) Spent hydrorefining
catalyst, K172.
(5) Any waste that is described in subrule
(3) of this rule is not a hazardous waste if it is in compliance with the
following criteria, as applicable:
(a) In the
case of any waste , it does not exhibit any of the characteristics of hazardous
waste that are identified in
R
299.9212. However, a waste that exhibits a
characteristic at the point of generation may still be subject to the
requirements of 40 C.F.R. part 268, even if the waste does not exhibit a
characteristic at the point of land disposal .
(b) In the case of a waste which is listed in
R
299.9212(5),
R 299.9213, or
R 299.9214, which contains a waste
that is listed in these rules, or which is derived from a waste that is listed
in these rules, the waste also has been excluded from regulation pursuant to
R 299.9211.
(6) Notwithstanding subrules (1) to (5) of
this rule and if the debris, as defined in 40 C.F.R. part 268, does not exhibit
a hazardous characteristic identified in
R
299.9212, the following materials are not subject to
regulation under part 111 of the act and these rules, except for
R
299.9809 to
R
299.9816:
(a)
Hazardous debris that has been treated using 1 of the required extraction or
destruction technologies specified in table 1 of
40 C.F.R. §
268.45. A person who claims this exclusion in
an enforcement action shall have the burden of proving, by clear and convincing
evidence, that the material meets all of the exclusion requirements.
(b) Debris that the director , considering the
extent of contamination , has determined is no longer contaminated with
hazardous waste .
(7) A
hazardous waste that is listed in
R 299.9213 or
R 299.9214 solely because it
exhibits 1 or more characteristics of ignitability, corrosivity, or reactivity,
as defined under
R
299.9212, is not a hazardous waste , if the waste no
longer exhibits any characteristic of hazardous waste identified in
R
299.9212. However, the waste remains subject to 40
C.F.R. part 268, as applicable, even if the waste no longer exhibits a
characteristic at the point of land disposal . This exclusion is limited to any
of the following:
(a) A mixture of a waste
and a hazardous waste listed in
R 299.9213 or
R 299.9214 solely because it
exhibits 1 or more characteristics of ignitability, corrosivity, or reactivity
which is generated as a result of a cleanup conducted at the individual site of
generation pursuant to part 31 , part 111 , part 201 , part 213 , or
CERCLA .
(b) A waste generated from
the treatment , storage , or disposal of a hazardous waste listed in
R 299.9213 or
R 299.9214 solely because it
exhibits the characteristic of ignitability.
(c) A mixture of a waste excluded from
regulation under
R
299.9204(2)(i) and a hazardous waste
listed in
R 299.9213 or
R 299.9214 solely because it
exhibits 1 or more of the characteristics of ignitability, corrosivity, or
reactivity which is generated as a result of a cleanup conducted at the
individual site of generation pursuant to part 31 , part 111 , part 201 , part
213 , or CERCLA .
(8)
Hazardous waste that contains radioactive waste is no longer a hazardous waste
when it meets the eligibility criteria and conditions of
R 299.9822 and
R 299.9823. This exclusion is
limited to either of the following:
(a) A
mixture of a waste and an eligible radioactive mixed waste .
(b) A waste generated from the treatment ,
storage , or disposal of an eligible radioactive mixed waste .
(9) The office of management and
budget document entitled "Standard Industrial Classification Manual" is adopted
by reference in
R 299.11007.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.