Mich. Admin. Code R. 299.9204 - Exclusions

Current through Register Vol. 21-17, October 1, 2021

Rule 204.

(1) The following materials are not wastes for the purpose of part 111 of the act, MCL 324.11101 to 324.11153, and these rules:
(a) Domestic sewage and any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment. Domestic sewage means untreated sanitary wastes that pass through a sewer system.
(b) Industrial wastewater discharges that are point source discharges subject to regulation under section 402 of the federal clean water act, 33 USC 1342, as amended, except for discharges to injection wells.
(c) Irrigation return flows.
(d) Source, special nuclear, or by-product material as defined by the atomic energy act of 1954, 42 USC 2011 to 2296b-7, as amended.
(e) Materials that are subjected to in-situ mining techniques and that are not removed from the ground as part of the extraction process.
(f) Pulping liquors that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless the liquors are accumulated speculatively, as defined in R 299.9107.
(g) Spent sulfuric acid that is used to produce virgin sulfuric acid provided it is not accumulated speculatively, as defined in R 299.9107.
(h) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated and where they are reused in the production process, if all of the following provisions apply:
(i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance.
(ii) The reclamation does not involve controlled flame combustion, such as occurs in boilers, industrial furnaces, or incinerators.
(iii) The secondary materials are not accumulated in the tanks for more than 12 months without being reclaimed.
(iv) The reclaimed material is not used to produce a fuel and is not used to produce products that are used in a manner that constitutes disposal.
(i) Spent wood preserving solutions that have been reclaimed and that are reused for their original intended purpose.
(j) Wastewaters from the wood preserving process that have been reclaimed and that are reused to treat wood.
(k) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, if the residue, if shipped, is shipped, in containers and is not land disposed before recovery.
(l) Oil-bearing hazardous secondary materials such as sludges, by-products, and spent materials, that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911), including distillation, catalytic cracking, fractionation, or thermal cracking units, unless the material is placed on the land, or accumulated speculatively before being so recycled. Materials inserted into thermal cracking units are excluded under this subdivision if the coke product does not exhibit a characteristic of a hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another refinery, and still be excluded under this subdivision. Except as provided for in subdivision (m) of this subrule, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry are not excluded under this subdivision. Residuals generated from processing or recycling materials excluded under this subdivision, where the materials as generated would have otherwise met a listing under R 299.9213 or R 299.9214, are designated as F037 wastes when disposed of or intended for disposal.
(m) Recovered oil that is recycled in the same manner and with the same conditions as described in subdivision (l) of this subrule. Recovered oil is oil that has been reclaimed from secondary materials, including wastewater, generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4789, 4922, 4923, 5171, and 5172). Recovered oil does not include oil-bearing hazardous wastes listed in part 2 of these rules. However, oil recovered from oil-bearing hazardous wastes listed in part 2 of these rules may be considered recovered oil. Recovered oil also does not include used oil as defined in R 299.9109.
(n) EPA hazardous waste numbers K060, K087, K141, K142, K143, K144, K145, K147, and K148 and any wastes from the coke by-products processes that are hazardous only because they exhibit the toxicity characteristic specified in R 299.9212 when, after generation, the materials are recycled to coke ovens or to the tar recovery process as a feedstock to produce coal tar or are mixed with coal tar before the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point that the wastes are generated to the point that they are recycled to coke ovens or tar recovery or refining processes or are mixed with coal tar.
(o) Materials that are reclaimed from used oil and that are used beneficially if the materials are not burned for energy recovery or used in a manner that constitutes disposal of the materials.
(p) Excluded scrap metal that is being recycled.
(q) Shredded circuit boards that are being recycled if both of the following requirements are met:
(i) The shredded circuit boards are stored in containers sufficient to prevent a release to the environment before recovery.
(ii) The shredded circuit boards are free of mercury switches, mercury relays, and nickel-cadmium batteries and lithium batteries.
(r) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). This exemption applies only to combustion at the mill generating the condensates.
(s) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, if both the following requirements are met:
(i) The oil is hazardous only because it exhibits the characteristic of ignitability as defined in R 299.9212 or toxicity for benzene as defined in R 299.9212 and R 299.9217.
(ii) The oil generated by the organic chemical manufacturing facility is not placed on the land or speculatively accumulated before being recycled into the petroleum refining process.
(t) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land or speculatively accumulated.
(u) Before reuse, the wood preserving wastewaters and spent wood preserving solutions described in subdivisions (i) and (j) of this subrule if all of the following requirements are met:
(i) The wood preserving wastewaters and spent wood preserving solutions are reused on site at water borne plants in the production process for their original intended use.
(ii) Before reuse, the wastewaters and spent wood preserving solutions are managed to prevent releases to either the land or groundwater or both.
(iii) Units used to manage wastewaters or spent wood preserving solutions before reuse can be visually or otherwise determined to prevent releases to either land or groundwater.
(iv) Drip pads used to manage the wastewaters or spent wood preserving solutions before reuse are in compliance with 40 CFR part 265, subpart W regardless of whether the plant generates a total of less than 1,000 kilograms per month of hazardous waste.
(v) Before operating under this exclusion, the plant owner or operator complies with all of the following requirements; otherwise the exclusion shall not apply:
(A) Submits a 1-time notification to the director stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: "I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulations."
(B) The owner or operator maintains a copy of the 1-time notification required under paragraph (v) of this subdivision in its on-site records until closure of the facility.
(C) If the plant voids the exclusion by not complying with the exclusion conditions and wishes to have its wastes excluded again, it shall apply to the director for reinstatement. The director may reinstate the exclusion upon finding that the plant has returned to compliance with all of the conditions and that violations are not likely to recur.
(v) Spent materials, other than hazardous waste listed under R 299.9213 or R 299.9214, that are generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation if all of the following requirements are met:
(i) The spent material is legitimately recycled to recover minerals, acids, cyanide, water, or other values.
(ii) The spent material is not speculatively accumulated.
(iii) Except as provided under paragraph (iv) of this subdivision, the spent material is stored in tanks, containers, or buildings that meet the following requirements as applicable:
(A) If using a building, the building must be an engineered structure with a floor, walls, and a roof all of which are made of non-earthen materials providing structural support, except smelter buildings which may have partially earthen floors provided that the spent material is stored on the non-earthen portion, have a roof that is suitable for diverting rainwater away from the foundation, and be designed, constructed, and operated to prevent significant releases of the material to the environment.
(B) If using a tank, the tank must be free standing, not meet the definition of a surface impoundment, be manufactured of a material suitable for containment of its contents, be operated in a manner that controls fugitive dust if the tank contains any particulate that may be subject to wind dispersal, and be designed, constructed, and operated to prevent significant releases of the material to the environment.
(C) If using a container, the container must be free standing and be manufactured of a material suitable for containment of its contents, be operated in a manner that controls fugitive dust if the container contains any particulate that may be subject to wind dispersal, and be designed, constructed, and operated to prevent significant releases of the material to the environment.
(iv) The spent materials are placed on pads if all of the following requirements are met:
(A) The solid mineral processing spent materials do not contain any free liquid.
(B) The pad is designed, constructed, and operated to prevent significant releases of the spent material into the environment.
(C) The pad provides the same degree of containment afforded by non-RCRA tanks, containers, and buildings eligible for this exclusion.
(D) The pad is designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material.
(E) The pad is capable of withstanding physical stresses associated with placement and removal.
(F) The pad has run-on/run-off controls.
(G) The pad is operated in a manner that controls fugitive dust.
(H) The integrity of the pad is ensured through inspections and maintenance programs.
(I) The director makes a site-specific determination that the materials may be placed on a pad rather than in tanks, containers, or buildings. In making a determination, the director shall consider whether storage on a pad poses the potential for significant releases via groundwater, surface water, and air exposure pathways. When assessing the groundwater, surface water, and air exposure pathways, the director shall consider the volume and physical and chemical properties of the spent material, including its potential for migration off of the pad, the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway, and the possibility and extent of harm to human and environmental receptors via each exposure pathway. Before making a determination, the director shall provide notice and the opportunity for comment to all persons potentially interested in the determination. Notice may be accomplished by placing notice of the action in major local newspapers or broadcasting notice over local radio stations.
(v) The owner or operator provides notice to the director that provides the following information and is updated if there is a change in the type of materials recycled or the location of the recycling process:
(A) The types of materials to be recycled.
(B) The type and location of storage units and recycling processes.
(C) The annual quantities expected to be placed in land-based units.
(vi) For the purposes of the exclusion under R 299.9204(2)(i), mineral processing spent materials must be the result of mineral processing and may not include any hazardous wastes listed under R 299.9213 or R 299.9214. Listed hazardous wastes and characteristic hazardous waste generated by non-mineral processing industries are not eligible for the conditional exclusion from the definition of waste.
(w) Hazardous secondary materials used to make zinc fertilizers, if the following conditions are met:
(i) Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively.
(ii) Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers shall comply with all of the following requirements:
(A) Submit a 1-time notice to the director that contains the name, address, and site identification number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions of this subdivision.
(B) Store the excluded secondary material in buildings, tanks, or containers that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose must be an engineered structure made of non-earthen materials that provide structural support, and must have a floor, walls, and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs or covers that prevent contact with wind and rain. Containers that are used for this purpose must be kept closed except when it is necessary to add or remove material, and must be in sound condition. Containers that are stored outdoors must be managed within storage areas that have containment structures or systems sufficiently impervious to contain leaks, spills, and accumulated precipitation; provide for effective drainage and removal of leaks, spills, and accumulated precipitation; and prevent run-on into the containment system.
(C) With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this subdivision.
(D) Maintain at the generator's or intermediate handler's facility for not less than 3 years records of all shipments of excluded hazardous secondary materials. At a minimum, the records for each shipment must include the name of the transporter, the date of the shipment, the name and address of the facility that received the excluded material, documentation confirming receipt of the shipment, and the type and quantity of excluded secondary material in each shipment.
(iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials shall comply with all of the following requirements:
(A) Store excluded hazardous secondary material under the storage requirements for generators and intermediate handlers, as specified in paragraph (ii) of this subdivision.
(B) Submit a 1-time notification to the director which contains the name, address, and site identification number of the manufacturing facility and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions of this subdivision.
(C) Maintain for not less than 3 years records of all shipments of excluded hazardous secondary materials received by the manufacturer. At a minimum, the records for each shipment must include the name and address of the generating facility, the name of the transporter, the date the materials were received, the quantity of materials received, and a brief description of the industrial process that generated the material.
(D) Submit to the director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process from which they were generated.
(iv) Nothing in this subdivision preempts, overrides, or otherwise negates the requirements of R 299.9302, which requires any person who generates a waste to determine if the waste is a hazardous waste.
(v) Interim status and licensed storage units that have been used to store only zinc-bearing hazardous wastes before the submission of the 1-time notice described in paragraph (ii) of this subdivision, and that afterward will be used only to store hazardous secondary materials excluded under this subdivision, are not subject to the closure requirements of part 6 of these rules.
(x) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under subdivision (w) of this subrule, if the following conditions are met:
(i) The fertilizers meet the following contaminant limits, established as the maximum allowable total concentration in fertilizer per 1% of zinc, for metal contaminants:
(A) Arsenic, 0.3 parts per million.
(B) Cadmium, 1.4 parts per million.
(C) Chromium, 0.6 parts per million.
(D) Lead, 2.8 parts per million.
(E) Mercury, 0.3 parts per million.
(ii) The fertilizers meet the contaminant limit for dioxin contaminants of not more than 8 parts per trillion of dioxin, measured as toxic equivalent.
(iii) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals not less than every 6 months, and for dioxins not less than every 12 months. Testing must also be performed when changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical methods to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. The manufacturer shall ensure that the sampling and analysis are unbiased, precise, and representative of the products introduced into commerce.
(iv) The manufacturer maintains for not less than 3 years records of all sampling and analysis performed for the purposes of determining compliance with the requirements of paragraph (iii) of this subdivision. At a minimum, the records must include all of the following:
(A) The dates and times product samples were taken, and the dates the samples were analyzed.
(B) The names and qualifications of the persons taking the samples.
(C) A description of the methods and equipment used to take the samples.
(D) The name and address of the laboratory facility at which analyses of the samples were performed.
(E) A description of the analytical methods used, including any cleanup and sample preparation methods.
(F) All laboratory analytical results used to determine compliance with the contaminant limits specified in paragraphs (i) and (ii) of this subdivision.
(y) Used CRTs that meet any of the following requirements:
(i) Used, intact CRTs unless they are disposed or are speculatively accumulated by CRT collectors or glass processors.
(ii) Used, intact CRTs when exported for recycling if they meet the requirements of R 299.9231(5).
(iii) Used, broken CRTs if they meet the requirements of R 299.9231(1) and (2).
(iv) Glass removed from CRTs if it meets the requirements of R 299.9231(3).
(z) Solvent-contaminated wipes that are sent for cleaning and reuse are not wastes at the point of generation if all of the following requirements are met:
(i) The wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The containers must be able to contain free liquids, if free liquids occur. During accumulation, a container is considered closed if there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove wipes. If the container is full, the wipes are no longer being accumulated, or the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.
(ii) The wipes must not be accumulated by the generator for more than 180 days from the start date of accumulation for each container before being sent for cleaning.
(iii) At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the wipes must contain no free liquids.
(iv) Free liquids removed from the wipes or from the container holding the wipes must be managed in accordance with these rules.
(v) Generators shall maintain at their site all of the following:
(A) The name and address of the laundry or dry cleaner that is receiving the wipes.
(B) Documentation that the 180-day accumulation time limit in paragraph (ii) of this subdivision is being met.
(C) A description of the process the generator is using to ensure that the wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning.
(vi) The wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated under sections 301 and 402 or section 307 of the federal clean water act, 33 USC 1311, 1341, and 1317.
(aa) Hazardous secondary material that is generated and legitimately reclaimed within the United States or its territories and under the control of the generator, if all of the following requirements are met:
(i) The hazardous secondary material is generated and reclaimed in accordance with any of the following conditions:
(A) It is reclaimed at the generating facility. For the purpose of this requirement, the generating facility means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator.
(B) It is reclaimed at a different facility that is controlled by the generator, and the generator provides the following certification to the department: "On behalf of [insert generating facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaiming facility name], which is controlled by [insert generating facility name] and that [insert name of either generating or reclaiming facility name] has acknowledged full responsibility for the safe management of the secondary hazardous material."
(C) It is reclaimed at a different facility and both the generating facility and the reclaiming facility are controlled by the same person, and the generator provides the following certification to the department: "On behalf of [insert generating facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaiming facility name], that both facilities are under common control, and that [insert name of either generating or reclaiming facility name] has acknowledged full responsibility for the safe management of the secondary hazardous material." For the purpose of this requirement, "control" means the power to direct the policies of the facility, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate facilities on behalf of a different person shall not be considered to "control" the facilities. The generating and reclaiming facilities must both maintain at their facilities for not less than 3 years records of hazardous secondary materials sent or received under this exclusion. In both cases, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received under this exclusion. These requirements may be satisfied by routine business records such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.
(D) The hazardous secondary material is generated under a written contract between a tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor if the tolling contractor certifies the following: "On behalf of [insert tolling contractor name], I certify that [insert tolling contractor name] has a written contract with [insert toll manufacturer name] to manufacture [insert name of product or intermediate] which is made from specified unused materials, and that [insert tolling contractor name] will reclaim the hazardous secondary materials generated during this manufacture. On behalf of [insert tolling contractor name], I also certify that [insert tolling contractor name] retains ownership of, and responsibility for, the hazardous secondary materials that are generated during the manufacture, including any releases of hazardous secondary materials that occur during the manufacturing process." The tolling contractor shall maintain at its facility for not less than 3 years records of hazardous secondary materials received under its written contract with the toll manufacturer, and the toll manufacturer shall maintain at its facility for not less than 3 years records of hazardous secondary materials shipped under its written contract with the tolling contractor. In both cases, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary materials shipped or received under the written contract. These requirements may be satisfied by routine business records such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt. For the purpose of this requirement, "tolling contractor" means a person who arranges for the production of a product or intermediate made from specified unused materials through a written contract with a toll manufacturer and "toll manufacturer" means a person who produces a product or intermediate made from specified unused materials under a written contract with a tolling contractor.
(ii) The hazardous secondary material is contained. A hazardous secondary material that is released to the environment is discarded and a waste unless it is immediately recovered for reclamation. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a waste.
(iii) The hazardous secondary material is not speculatively accumulated.
(iv) A notification is provided in accordance with 40 CFR 260.42.
(v) The hazardous secondary material is not otherwise subject to material-specific management conditions under this subrule when reclaimed, and it is not a spent lead-acid battery.
(vi) A person performing the recycling of hazardous secondary materials under this exclusion shall maintain documentation of their legitimacy determination on-site. The documentation must include a written description of how the recycling meets all 3 factors in R 299.9232 and be maintained for 3 years after the recycling operation has ceased.
(vii) The emergency preparedness and response requirements of R 299.9234.
(bb) Hazardous secondary material that is generated and then transferred to another person for reclamation if all of the following requirements are met:
(i) The hazardous secondary material is not speculatively accumulated.
(ii) The hazardous secondary material is not handled by any person or facility other than the hazardous secondary material generator, the transporter, an intermediate facility, or a reclaimer, and while in transport, is not stored for more than 10 days at a transfer facility and is packaged in accordance with applicable DOT regulations in 49 CFR parts 173, 178, and 179.
(iii) The hazardous secondary material is not otherwise subject to material-specific management conditions under this subrule when reclaimed, and it is not a spent lead-acid battery.
(iv) The reclamation of the hazardous secondary material is legitimate as outlined in R 299.9232.
(v) The hazardous secondary material generator meets all of the following conditions:
(A) The hazardous secondary material is contained. A hazardous secondary material that is released to the environment is discarded and a waste unless it is immediately recovered for the purpose of recycling. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a waste.
(B) Before arranging for transport of hazardous secondary materials to a reclamation facility or facilities where the management of the hazardous secondary materials is not addressed under an operating license issued under these rules or by the interim status standards in part 6 of these rules, the hazardous secondary material generator shall make reasonable efforts to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary material and not discard it, and that each reclaimer will manage the hazardous secondary material in a manner that is protective of human health and the environment. If the hazardous secondary material will be passing through an intermediate facility where the management of the hazardous secondary material is not addressed under an operating license issued under these rules or by the interim status standards under part 6 of these rules, the hazardous secondary material generator shall make contractual arrangements with the intermediate facility to ensure that the material is sent to the reclamation facility identified by the generator, and make reasonable efforts to ensure that the intermediate facility will manage the hazardous secondary material in a manner that is protective of human health and the environment. The hazardous secondary material generator shall repeat these reasonable efforts every 3 years at a minimum to claim the exclusion and send the hazardous secondary materials to each reclaimer and any intermediate facility. In making these reasonable efforts, the hazardous material generator may use any credible evidence available, including information gathered by the generator, provided by the reclaimer or intermediate facility, or provided by a third party. The hazardous secondary material generator shall confirm that all of the following requirements are met for each reclamation facility and any intermediate facility:
(I) The available information indicates that the reclamation process is legitimate under R 299.9232. In evaluating this requirement, the hazardous secondary material generator may rely on their existing knowledge of the physical and chemical properties of the hazardous secondary material, as well as information from other sources about the reclamation process.
(II) The publicly available information indicates that the reclamation facility and any intermediate facility used by the hazardous secondary material generator has notified the appropriate authorities of the hazardous secondary materials reclamation activities under 40 CFR 260.42, and that the financial assurance requirements of paragraph (vi)(F) of this subdivision have been satisfied. In evaluating this requirement, the hazardous secondary material generator may rely on the available information documenting the reclamation facilitys and any intermediate facilitys compliance with the notification requirements of 40 CFR 260.42, including the requirement in 40 CFR 260.42(a)(5).
(III) The publicly available information indicates that the reclamation facility or any intermediate facility used by the hazardous secondary material generator has not had a formal enforcement action taken against the facility in the previous 3 years for violations of part 111 of the act, MCL 324.11101 to 324.11153, and these rules and has not been classified as a significant non-complier under RCRA. In evaluating this requirement, the hazardous secondary material generator may rely on the publicly available information from this state or the EPA. If the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has had a formal enforcement action taken against the facility in the previous 3 years for violations of part 111 of the act, MCL 324.11101 to 324.11153, and these rules, the generator must have credible evidence that the facility will manage the hazardous secondary materials in accordance with the applicable regulations. The hazardous secondary material generator may obtain additional information from this state, the EPA, or the facility itself that the facility has addressed the violations, taken remedial steps to address the violations and prevent future violations, or that the violations are not relevant to the proper management of the hazardous secondary materials.
(IV) The publicly available information indicates that the reclamation facility or any intermediate facility used by the hazardous secondary material generator has the equipment and trained personnel to safely recycle the hazardous secondary material. In evaluating this requirement, the hazardous secondary material generator may rely on a description by the reclamation facility or by an independent third party of the equipment and trained personnel to be used to recycle the generators hazardous secondary material.
(V) If residuals are generated from the reclamation of the excluded hazardous secondary materials, the reclamation facility shall have the licenses required, if any, to manage the residuals. If the reclamation facility does not have the required licenses, the facility shall have a contract with an appropriately licensed facility to dispose of the residuals. If the reclamation facility does not have the required licenses or contracts, the hazardous secondary material generator shall alternatively have credible evidence that the residuals will be managed in a manner that is protective of human health and the environment. In evaluating these requirements, the hazardous secondary material generator may rely on publicly available information from this state or the EPA, or information provided by the facility itself.
(C) The hazardous secondary material generator shall maintain at the generating facility for not less than 3 years documentation and certification that reasonable efforts were made for each reclamation facility and, if applicable, intermediate facility where the management of the hazardous secondary material is not addressed under an operating license issued under these rules or by the interim status standards of part 6 of these rules before transferring hazardous secondary material. The documentation and certification must be made available upon request by the department within 72 hours, or within a longer period of time as approved by the department. The certification statement must include all of the following information:
(I) The printed and official title of an authorized representative of the hazardous secondary material generator company, the authorized representatives signature, and the date signed.
(II) The following language: "I hereby certify in good faith and to the best of my knowledge that, before arranging for transport of excluded hazardous secondary materials to [insert name(s) of reclamation facility and any intermediate facility], reasonable efforts were made in accordance with R 299.9204(1)(bb)(v)(B) to ensure that the hazardous secondary materials would be recycled legitimately, and otherwise managed in a manner that is protective of human health and the environment, and that the efforts were based on current and accurate information."
(D) The hazardous secondary material generator shall maintain at the generator facility for not less than 3 years records of all off-site shipments of hazardous secondary materials. For each shipment, these records must, at a minimum, contain all of the following information:
(I) The name of the transporter and date of the shipment.
(II) The name and address of each reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.
(III) The type and quantity of hazardous secondary material in the shipment.
(E) The hazardous secondary material generator shall maintain for not less than 3 years confirmations of receipt from each reclaimer and, if applicable, each intermediate facility for all off-site shipments of hazardous secondary materials.
(F) The emergency preparedness and response requirements of R 299.9234.
(vi) Reclaimers of hazardous secondary material excluded from regulation under this exclusion and intermediate facilities meet all of the following conditions:
(A) The reclaimer and intermediate facility shall maintain at its facility for not less than 3 years records of all shipments of hazardous secondary material that were received at the facility and, if applicable, for all shipments of hazardous secondary material that were received and subsequently sent off-site from the facility for further reclamation. For each shipment, these records must, at a minimum, include the name of the transporter and date of the shipment, the name and address of the hazardous secondary material generator and, if applicable, the name and address of the reclaimer or intermediate facility which the hazardous secondary material was received from, the type and quantity of hazardous secondary material in the shipment, and for hazardous secondary materials that, after being received by the reclaimer or intermediate facility, were subsequently transferred off-site for further reclamation, the name and address of the subsequent reclaimer, and if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.
(B) The intermediate facility shall send the hazardous secondary material to the reclaimer or reclaimers designated by the hazardous secondary material generator.
(C) The reclaimer and intermediate facility shall send the hazardous secondary material generator confirmations of receipt for all off-site shipments of hazardous secondary material. Confirmations of receipt must include the name and address of the reclaimer or intermediate facility, the type and quantity of hazardous secondary material received, and the date that the hazardous secondary material was received. This requirement may be satisfied by routine business records such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.
(D) The reclaimer and intermediate facility shall manage the hazardous secondary material in a manner that is at least as protective as that employed for analogous raw material and that is contained. An "analogous raw material" is a raw material for which a hazardous secondary material is a substitute and serves the same function and has similar physical and chemical properties as the hazardous secondary material.
(E) Any residuals that are generated from reclamation processes must be managed in a manner that is protective of human health and the environment. If any residuals exhibit a hazardous characteristic according to part 2 of these rules, or they themselves are specifically listed in part 2 of these rules, the residuals are hazardous waste and must be managed in accordance with the applicable requirements of these rules.
(F) The reclaimer and intermediate facility shall have financial assurance as required under part 7 of these rules.
(G) The reclaimer and intermediate facility shall have an operating license issued under these rules or comply with the interim status standards under part 6 of these rules that address the management of the hazardous secondary materials.
(vii) All persons claiming the exclusion under this subdivision shall provide notification as required under 40 CFR 260.42.
(cc) Hazardous secondary material that is generated and then transferred to another person for remanufacturing if all of the following requirements are met:
(i) The hazardous secondary material consists of 1 or more of the following spent solvents:
(A) Toluene.
(B) Xylenes.
(C) Ethylbenzene.
(D) 1,2,4-trimethylbenzene.
(E) Chlorobenzene.
(F) n-hexane.
(G) Cyclohexane.
(H) Methyl tert-butyl ether.
(I) Acetonitrile.
(J) Chloroform.
(K) Chloromethane.
(L) Dichloromethane.
(M) Methyl isobutyl ketone.
(N) NN-dimethylformamide.
(O) Tetrahydrofuran.
(P) n-butyl alcohol.
(Q) Ethanol.
(R) Methanol.
(ii) The hazardous secondary material originated from using 1 or more of the solvents listed in paragraph (i) of this subdivision in a commercial grade for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or paints and coatings manufacturing (NAICS 325510) sectors.
(iii) The hazardous secondary material generator sends the hazardous secondary material spent solvents listed in paragraph (i) of this subdivision to a remanufacturer in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or paints and coatings manufacturing (NAICS 325510) sectors.
(iv) After manufacturing 1 or more of the solvents listed in paragraph (i) of this subdivision, the use of the remanufactured solvent is limited to reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or paints and coatings manufacturing (NAICS 325510) sectors or to using them as ingredients in a product. These allowed uses correspond to chemical functional uses enumerated under the chemical data reporting rules of the toxic substances control act, 40 CFR parts 704, 710, and 711, including industrial function codes U015 (solvents consumed in a reaction to produce other chemicals and U030 (solvents become part of the mixture).
(v) After remanufacturing 1 or more of the solvents listed in paragraph (i) of this subdivision, the use of the remanufactured solvent does not involve cleaning or degreasing oil, grease, or similar material from textiles, glassware, metal surfaces or other articles. These disallowed continuing uses correspond to chemical functional uses in industrial function code U029 under the chemical data reporting rule of the toxic substances control act.
(vi) Both the hazardous secondary material generator and the remanufacturer shall do all of the following:
(A) Notify the EPA or the director and update the notification every 2 years under 40 CFR 260.42.
(B) Develop and maintain an up-to-date remanufacturing plan that identifies all of the following:
(I) The name, address, and site identification number of the generator and the remanufacturer.
(II) The types and estimated annual volumes of spent solvents to be remanufactured.
(III) The processes and industry sectors that generate the spent solvents.
(IV) The specific uses and industry sectors for the remanufactured solvents.
(V) A certification statement from the remanufacturer stating "On behalf of [insert remanufacturer facility name], I certify that this facility is a remanufacturer under pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), or paints and coatings manufacturing (NAICS 325510) sectors, and will accept the spent solvents for the sole purpose of remanufacturing into commercial-grade solvents that will be used for reacting, extracting, purifying, or blending chemicals, or for rinsing out the process lines associated with these functions, or for use as a product ingredient. I also certify that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate clean air act regulations under 40 CFR parts 60, 61, or 63, or, absent such clean air act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in 40 CFR part 261, subparts AA, BB, and CC."
(C) Maintain records of shipments and confirmations of receipts for a period of 3 years from the dates of the shipments.
(D) Before remanufacturing, store the hazardous spent solvents in tanks or containers that meet the technical standards R 299.9233(1) and (2), with the tanks and containers being labeled or otherwise having immediately available record of the material being stored.
(E) During remanufacturing, and during storage of the hazardous secondary material before remanufacturing, the remanufacturer certifies that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate clean air act regulations under 40 CFR parts 60, 61, or 63, or, absent such clean air act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in 40 CFR part 261, subparts AA, BB, and CC.
(F) Meet the requirements prohibiting speculative accumulation under R 299.9107.
(dd) Hazardous secondary material that is exported from the United States and reclaimed at a reclamation facility located in a foreign country is not a waste if the hazardous secondary material generator complies with the applicable requirements of paragraphs (i)-(v) of subdivision (bb) of this subrule, except subparagraph (B)(II) of paragraph (v) for foreign reclaimers and foreign intermediate facilities, and all of the following requirements:
(i) Provides notification to the EPA of an intended export before the hazardous secondary material is scheduled to leave the United States. A complete notification must be submitted at least 60 days before the initial shipment is intended to be shipped off-site. The notification may cover export activities extending over no more than a 12-month period. The notification must be in writing, signed by the hazardous secondary material generator, and include all of the following information:
(A) The name, mailing address, telephone number, and site identification number, if applicable, of the hazardous secondary material generator.
(B) A description of the hazardous secondary material and the hazardous waste number that would apply if the hazardous secondary material was managed as a hazardous waste and the DOT proper shipping name, hazard class, and ID number (UN/NA) for each hazardous secondary material as identified in 49 CFR parts 171 to 177.
(C) The estimated frequency or rate at which the hazardous secondary material is to be exported and the period of time over which the material is to be exported.
(D) The estimated total quantity of hazardous secondary material.
(E) All points of entry to and departure from each foreign country through which the hazardous secondary material will pass.
(F) A description of the means by which each shipment of hazardous secondary material will be transported, including the mode of transportation vehicle and the types of containers.
(G) A description of the manner in which the hazardous secondary material will be reclaimed in the country of import.
(H) The name and address of the reclaimer, any intermediate facility, and any alternate reclaimer and intermediate facilities.
(I) The name of any countries of transit through which the hazardous secondary material will be sent and a description of the approximate length of time it will remain in the countries and the nature of its handling while there. For the purposes of this provision, the terms "EPA Acknowledgment of Consent," "country of import," and "country of transit" have the same meanings as defined in 40 CFR 262.81, with the exception that the terms in this subparagraph refer to hazardous secondary materials, rather than hazardous waste.
(ii) Notifications must be submitted electronically using the WIETS, or its successor system.
(iii) Except for changes to the telephone number in subparagraph (A) of paragraph (i) of this subdivision and decreases in the quantity of hazardous secondary material indicated under subparagraph (D) of paragraph (i) of this subdivision, when the conditions specified on the original notification change, including any exceedance of the estimate of the quantity of hazardous secondary material specified in the original notification, the hazardous secondary material generator shall provide the EPA with written renotification of the change. The shipment cannot take place until consent of the country of import to the changes and in the ports of entry to and departure from countries of transit has been obtained and the hazardous secondary material generator receives from the EPA an Acknowledgment of Consent reflecting the country of imports consent to the changes.
(iv) Upon request by the EPA, the hazardous secondary material generator shall furnish to the EPA any additional information which a country of import requests to respond to a notification.
(v) The EPA shall provide a complete notification to the country of import and any countries of transit. A notification is complete when the EPA receives a notification that the EPA determines satisfies the requirements of paragraph (i) of this subdivision. If a claim of confidentiality is asserted with respect to any notification information required by paragraph (i) of this subdivision, the EPA may find the notification not complete until the claim is resolved under 40 CFR 260.2.
(vi) The export of hazardous secondary material under this subdivision is prohibited unless the country of import consents to the intended import. When the country of import consents in writing to the receipt of the hazardous secondary material or withdraws a prior consent, the EPA shall notify the hazardous secondary material generator in writing. The EPA shall also notify the hazardous secondary material generator of any responses from the countries of transit.
(vii) For exports to OECD member countries, the receiving country may respond to the notification using tacit consent. If no objection has been lodged by any country of import or any country of transit to a notification provided under to paragraph (i) of this subdivision within 30 days after the date of issuance of the acknowledgement of receipt of notification by the competent authority of the country of import, the transboundary movement may commence. In such cases, the EPA shall send an Acknowledgment of Consent to inform the hazardous secondary material generator that the country of import and any relevant countries of transit have not objected to the shipment and are therefore presumed to have consented tacitly. Tacit consent expires 1 calendar year after the close of the 30-day period. Renotification and renewal of all consents is required for exports after that date.
(viii) A copy of the EPA Acknowledgement of Consent must accompany the shipment. The shipment must conform to the terms of the Acknowledgement of Consent.
(ix) If a shipment cannot be delivered for any reason to the reclaimer, intermediate facility, or the alternate reclaimer or alternate intermediate facility, the hazardous secondary material generator shall re-notify the EPA of a change in the conditions of the original notification to allow shipment to a new reclaimer in accordance with paragraph (iii) of this subdivision and obtain another EPA Acknowledgement of Consent.
(x) Hazardous secondary material generators shall keep a copy of each notification of intent to export and each EPA Acknowledgement of Consent for a period of not less than 3 years from the date of receipt of the EPA Acknowledgement of Consent. This recordkeeping requirement may be satisfied by retaining electronically submitted notifications or electronically generated Acknowledgements of Consent in the generators account on WIETS, provided the copies are readily available for viewing and production if requested by any EPA or authorized state inspector. A hazardous secondary material generator may not be held liable for the inability to produce a notification or Acknowledgment of Consent for inspection under this paragraph if the generator can demonstrate that the inability to produce the copies are due exclusively to technical difficulty with WIETS for which the generator bears no responsibility.
(xi) Hazardous secondary material generators shall file with the EPA no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous secondary materials exported during the previous calendar year. Annual reports must be submitted electronically using WIETS. The reports must include all of the following information:
(A) The name, mailing and site addresses, and site identification number, if applicable, of the hazardous secondary material generator.
(B) The calendar year covered by the report.
(C) The name and site address of each reclaimer and intermediate facility.
(D) Organized by reclaimer and intermediate facility, for each hazardous secondary material exported, a description of the material and the hazardous waste number that would apply if the material was managed as a hazardous waste, the DOT hazard class, the name and site identification number, if applicable, for each transporter used, the total amount material shipped, and the number of shipments under each notification.
(E) A certification signed by the hazardous secondary material generator that states: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment."
(xii) All persons claiming an exclusion under this subdivision shall provide notification as required by 40 CFR 260.42.
(2) The following wastes are not hazardous wastes for the purposes of part 111 of the act, MCL 324.11101 to 324.11153, and these rules:
(a) Household waste, including household waste that has been collected, transported, stored, treated, disposed of, recovered, or reused. Household waste means any waste material, including garbage, trash, and sanitary wastes in septic tanks, that is derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. A resource recovery facility that manages municipal waste is not considered to be treating, storing, disposing of, or otherwise managing hazardous wastes for regulation under these rules if the facility is in compliance with both of the following provisions:
(i) Receives and burns only household waste from single and multiple dwellings, hotels, motels, and other residential sources and waste from commercial or industrial sources that does not contain hazardous waste.
(ii) Does not accept hazardous wastes and the owner or operator of the facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in the facility.
(b) Wastes that are generated by either of the following and that are returned to the soil as fertilizers:
(i) The growing and harvesting of agricultural crops.
(ii) The raising of animals, including animal manures.
(c) Mining overburden that is returned to the mine site.
(d) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste that is generated primarily from the combustion of coal or other fossil fuels, except as provided by 40 CFR 266.112 for facilities that burn or process hazardous waste.
(e) The following wastes that are generated primarily from processes that support the combustion of coal or other fossil fuels that are co-disposed with the wastes in subdivision (d) of this subrule, except as provided by 40 CFR 266.112 for facilities that burn or process hazardous waste:
(i) Coal pile run-off. For the purpose of subdivision (d) of this subrule, coal pile run-off means any precipitation that drains off of coal piles.
(ii) Boiler cleaning solutions. For the purposes of subdivision (d) of this subrule, boiler cleaning solutions means water solutions and chemical solutions used to clean the fire-side and water-side of the boiler.
(iii) Boiler blowdown. For the purposes of subdivision (d) of this subrule, boiler blowdown means water purged from boilers used to generate steam.
(iv) Process water treatment and demineralizer regeneration wastes. For the purposes of subdivision (d) of this subrule, process water treatment and demineralizer regeneration wastes means sludges, rinses, and spent resins generated from processes to remove dissolved gases, suspended solids, and dissolved chemical salts from combustion system process water.
(v) Cooling tower blowdown. For the purposes of subdivision (d) of this subrule, cooling tower blowdown means water purged from a closed cycle cooling system. Closed cycle cooling systems include cooling towers, cooling ponds, or spray canals.
(vi) Air heater and precipitator washes. For the purposes of subdivision (d) of this subrule, air heater and precipitator washes means wastes from cleaning air preheaters and electrostatic precipitators.
(vii) Effluents from floor and yard drains and sumps. For the purposes of subdivision (d) of this subrule, effluents from floor and yard drains and sumps means wastewaters, such as wash water, collected by or from floor drains, equipment drains, and sumps located inside the power plant building; and wastewaters, such as rain runoff, collected by yard drains and sumps located outside the power plant.
(viii) Wastewater treatment sludges. For the purposes of subdivision (d) of this subrule, wastewater treatment sludges means sludges that are generated from the treatment of wastewaters specified in paragraphs (i) to (vi) of this subdivision.
(f) Drilling fluids, produced waters, and other wastes that are associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy.
(g) Wastes that fail the test for the toxicity characteristic because chromium is present or wastes that are listed in R 299.9213 or R 299.9214 due to the presence of chromium, that do not fail the test for the toxicity characteristic for any other constituent or are not listed due to the presence of any other constituent, and that do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that all of the following provisions are met:
(i) The chromium in the waste is exclusively, or nearly exclusively, trivalent chromium.
(ii) The waste is generated from an industrial process that uses trivalent chromium exclusively, or nearly exclusively, and the process does not generate hexavalent chromium.
(iii) The waste is typically and frequently managed in nonoxidizing environments.
(h) The specific wastes that meet the standards in subdivision (g) of this subrule, if the wastes do not fail the test for the toxicity characteristic for any other constituent and do not fail the test for any other characteristic, include the following:
(i) Chrome (blue) trimmings generated by any of the following subcategories of the leather tanning and finishing industry:
(A) Hair pulp/chrome, tan/retan/wet finish.
(B) Hair save/chrome, tan/retan/wet finish.
(C) Retan/wet finish.
(D) No beam houses.
(E) Through-the-blue.
(F) Shearling.
(ii) Chrome (blue) shavings generated by any of the following subcategories of the leather tanning and finishing industry:
(A) Hair pulp/chrome, tan/retan/wet finish.
(B) Hair save/chrome, tan/retan/wet finish.
(C) Retan/wet finish.
(D) No beam house.
(E) Through-the-blue.
(F) Shearling.
(iii) Buffing dust generated by any of the following subcategories of the leather tanning and finishing industry:
(A) Hair pulp/chrome, tan/retan/wet finish.
(B) Hair save/chrome, tan/retan/wet finish.
(C) Retan/wet finish.
(D) No beamhouse.
(E) Through-the-blue.
(iv) Sewer screenings generated by any of the following subcategories of the leather tanning and finishing industry:
(A) Hair pulp/chrome, tan/retan/wet finish.
(B) Hair save/chrome, tan/retan/wet finish.
(C) Retan/wet finish.
(D) No beamhouse.
(E) Through-the-blue.
(F) Shearling.
(v) Wastewater treatment sludges generated by any of the following subcategories of the leather tanning and finishing industry:
(A) Hair pulp/chrome, tan/retan/wet finish.
(B) Hair save/chrome, tan/retan wet finish.
(C) Retan/wet finish.
(D) No beamhouse.
(E) Through-the-blue.
(F) Shearling.
(vi) Wastewater treatment sludges generated by any of the following subcategories of the leather tanning and finishing industry:
(A) Hair pulp/chrome, tan/retan/wet finish.
(B) Hair save/chrome, tan/retan/wet finish.
(C) Through-the-blue.
(vii) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries, including waste scrap leather from automotive seat design activities.
(viii) Wastewater treatment sludges from the production of Ti02 pigment using chromium-bearing ores by the chloride process.
(ix) Ink generated by the USPS in its automated facer canceled systems.
(x) Boiler chemical cleaning waste from electric utility boiler maintenance using water and tetra ammonium ethylene diamine tetra acetic acid, which is also known as ammoniated EDTA.
(i) Waste from the extraction, beneficiation, and processing of ores and minerals, including coal, phosphate rock, and overburden from the mining of uranium ore, except as provided in 40 CFR 266.112 for facilities that burn or process hazardous waste. For purposes of this subdivision, the following provisions apply:
(i) Beneficiation of ores and minerals is restricted to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briqueting; calcining to remove water or carbon dioxide, or both; roasting, autoclaving, or chlorination, or any combination thereof, in preparation for leaching, except where the roasting/leaching or autoclaving/leaching or chlorination/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing; gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in-situ leaching.
(ii) Waste from the processing of ores and minerals must include only the following wastes as generated:
(A) Slag from primary copper processing.
(B) Slag from primary lead processing.
(C) Red and brown muds from bauxite refining.
(D) Phosphogypsum from phosphoric acid production.
(E) Slag from elemental phosphorus production.
(F) Gasifier ash from coal gasification.
(G) Process wastewater from coal gasification.
(H) Calcium sulfate wastewater treatment plant sludge from primary copper processing.
(I) Slag tailings from primary copper processing.
(J) Fluorogypsum from hydrofluoric acid production.
(K) Process wastewater from hydrofluoric acid production.
(L) Air pollution control dust/sludge from iron blast furnaces.
(M) Iron blast furnace slag.
(N) Treated residue from roasting/leaching of chrome ore.
(O) Process wastewater from primary magnesium processing by the anhydrous process.
(P) Process wastewater from phosphoric acid production.
(Q) Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production.
(R) Basic oxygen furnace and open hearth furnace slag from carbon steel production.
(S) Chloride process waste solids from titanium tetrachloride production.
(T) Slag from primary zinc processing.
(iii) Residues derived from co-processing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remain excluded under subrule (2) of this rule if the owner or operator meets both of the following requirements:
(A) Processes at least 50% by weight normal beneficiation raw materials or normal mineral processing raw materials.
(B) Legitimately reclaims the secondary mineral processing materials.
(j) Mixtures of a waste that is excluded from regulation under subdivision (i) of this sub rule and any other waste that exhibits a hazardous waste characteristic under R 299.9212 and that is not listed under R 299.9213 or R 299.9214, such that the resultant mixture does not exhibit any hazardous waste characteristic that would have been exhibited by the non-excluded waste alone if the mixture had not occurred.
(k) Cement kiln dust waste, except as provided in 40 CFR 266.112 for facilities that burn or process hazardous waste.
(l) Waste that consists of discarded arsenical-treated wood or wood products, that fails the test for the toxicity characteristic for hazardous waste numbers D004 through D017 and that is not a hazardous waste for any other reason, if the waste is generated by persons who utilize the arsenical-treated wood and wood products for these materials' intended end use.
(m) Petroleum-contaminated media and debris that fail the test for the toxicity characteristic under R 299.9212 for hazardous waste numbers D018 through D043 only and are subject to the corrective action regulations under 40 CFR part 280.
(n) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, if the refrigerant is reclaimed for further use.
(o) Non-terne plated used oil filters that are not mixed with wastes that are identified in R 299.9213 or R 299.9214, or both, if the oil filters have been gravity hot-drained using 1 of the following methods:
(i) Puncturing the filter anti-drain back valve or the filter dome end and hot-draining.
(ii) Hot-draining and crushing.
(iii) Dismantling and hot-draining.
(iv) Any other equivalent hot-draining method that will remove used oil.
(p) Leachate or gas condensate collected from landfills where certain wastes have been disposed of if all of the following requirements are met:
(i) The wastes disposed would meet 1 or more of the listing descriptions for hazardous waste numbers K169, K170, K171, K172, K174, K175, K176, K177, K178, and K181 if these wastes had been generated after the effective date of the listing.
(ii) The wastes described in paragraph (i) of this subdivision were disposed before the effective date of the listing.
(iii) The leachate or gas condensate do not exhibit any characteristic of a hazardous waste and are not derived from any other listed hazardous waste.
(iv) The discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a publicly owned treatment works by truck, rail, or dedicated pipe, is subject to regulations under section 307(b) or 402 of the federal clean water act, 33 USC 1317 or 1342.
(v) As of February 13, 2001, leachate or gas condensate derived from K169, K170, K171, and K172 is no longer exempt if it is stored or managed in a surface impoundment before discharge. As of November 21, 2003, leachate or gas condensate derived from K176, K177, or K178 is no longer exempt if it is stored or managed in a surface impoundment before discharge. After February 26, 2007, leachate or gas condensate derived from K181 is no longer exempt if it is stored or managed in a surface impoundment before discharge unless the surface impoundment meets both of the following requirements:
(A) The surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation.
(B) The surface impoundment has a double liner, and the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this subdivision after the emergency ends.
(q) Solvent-contaminated wipes, except for wipes that are hazardous waste due to the presence of trichloroethylene, that are sent for disposal are not hazardous waste at the point of generation if all of the following requirements are met:
(i) The wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The containers must be able to contain free liquids, if free liquids occur. During accumulation, a container is considered closed if there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove wipes. If the container is full, the wipes are no longer being accumulated, or the container is being transported, the container must be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.
(ii) The wipes must not be accumulated by the generator for more than 180 days from the start date of accumulation for each container before being sent for disposal.
(iii) At the point of being transported for disposal, the wipes contain no free liquids.
(iv) Free liquids removed from the wipes or from the container holding the wipes must be managed in accordance with these rules.
(v) Generators shall maintain at their site all of the following:
(A) The name and address of the landfill or combustor that is receiving the wipes.
(B) Documentation that the 180-day accumulation time limit in paragraph (ii) of this subdivision is being met.
(C) A description of the process the generator is using to ensure that the wipes contain no free liquids at the point of being transported for disposal.
(vi) The wipes are sent for disposal to any of the following:
(A) A municipal solid waste landfill regulated under part 115 of the act, MCL 324.11501 to 324.11554.
(B) A municipal solid waste landfill regulated under 40 CFR part 258, including 40 CFR 258.40.
(C) A hazardous waste landfill regulated under these rules.
(D) A hazardous waste landfill regulated under 40 CFR part 264 or 265.
(E) A municipal waste combustor or other combustion facility regulated under section 129 of the clean air act, 42 USC 7429.
(F) A hazardous waste combustor, boiler, or industrial furnace regulated under these rules.
(G) A hazardous waste combustor, boiler, or industrial furnace regulated under 40 CFR part 264, 265, or 266, subpart H.
(3) The following hazardous wastes are not subject to regulation under parts 3 to 10 of these rules:
(a) A hazardous waste that is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or a manufacturing process unit or an associated nonwaste treatment manufacturing unit. This exemption does not apply in any of the following circumstances:
(i) Once the waste exits the unit in which it was generated.
(ii) If the unit is a surface impoundment.
(iii) If the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for the manufacturing, storage, or transportation of product or raw materials.
(b) Waste pesticides and pesticide residues that are generated by a farmer from his or her own use and that are hazardous wastes if the pesticide residues are disposed of on the farmer's own farm in a manner that is consistent with the disposal instructions on the pesticide container label and if the farmer empties or cleans each pesticide container under R 299.9207.
(4) Except as provided in subrule (5) of this rule, a sample of waste or a sample of water, soil, or air that is collected for the sole purpose of testing to determine its characteristics or composition is not subject to part 111 of the act, MCL 324.11101 to 324.11153, and these rules if the following provisions are met:
(a) The sample meets 1 of the following provisions:
(i) The sample is being transported to a laboratory for the purpose of testing.
(ii) The sample is being transported back to the sample collector after testing.
(iii) The sample is being stored by the sample collector before transport to a laboratory for testing.
(iv) The sample is being stored in a laboratory before testing.
(v) The sample is being stored in a laboratory after testing but before it is returned to the sample collector.
(vi) The sample is being stored temporarily in the laboratory after testing for a specific purpose, such as until conclusion of a court case or enforcement action where further testing of the sample might be necessary.
(b) A sample collector that ships samples to a laboratory and a laboratory that returns samples to a sample collector shall comply with DOT, USPS, or any other applicable shipping requirements. The sample collector shall only ship a volume that is necessary for testing and analysis and, if the sample collector determines that DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the sample collector shall package the sample so that it does not leak, spill, or vaporize from its packaging and ensure that all of the following information accompanies the sample:
(i) The sample collector's name, mailing address, and telephone number.
(ii) The laboratory's name, mailing address, and telephone number.
(iii) The quantity of the sample.
(iv) The date of shipment.
(v) A description of the sample.
(c) The mass of a sample that will be exported to a foreign laboratory or that will be imported to a U.S. laboratory from a foreign source does not exceed 25 kilograms.
(5) The exemption specified in subrule (4) of this rule does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer in compliance with any of the conditions in subdivision (a) of subrule (4) of this rule.
(6) Persons who generate or collect samples for the purpose of conducting treatability studies are not subject to the requirements of parts 2, 3, and 4 of these rules or the notification requirements of section 3010 of RCRA, 42 USC 6930, and the samples are not included in the quantity determinations specified in R 299.9303 when the sample is being collected and prepared for transportation by the generator or sample collector, the sample is being accumulated or stored by the generator or sample collector before transportation to a laboratory or testing facility, or the sample is being transported to a laboratory or testing facility for the purpose of conducting a treatability study. The exemption specified in this subrule is applicable to samples of hazardous waste that are being collected and shipped for the purpose of conducting treatability studies if all of the following provisions are met:
(a) The generator or sample collector does not use more than 10,000 kilograms of media that is contaminated with nonacute hazardous waste, 1,000 kilograms of any nonacute hazardous waste other than contaminated media, 1 kilogram of acute or severely toxic hazardous waste, or 2,500 kilograms of media that is contaminated with acute or severely toxic hazardous waste for each process that is being evaluated for each generated waste stream in a treatability study.
(b) The mass of each sample shipment is not more than 10,000 kilograms. The 10,000-kilograms quantity may be all media contaminated with nonacute hazardous waste or may include 2,500 kilograms of media contaminated with acute or severely toxic hazardous waste, 1,000 kilograms of nonacute hazardous waste, and 1 kilogram of acute or severely toxic hazardous waste.
(c) The sample must be packaged and transported so that it will not leak, spill, or vaporize from its packaging during shipment and so that either of the following requirements are met:
(i) The transportation of each sample shipment is in compliance with DOT, USPS, or any other applicable shipping requirements.
(ii) If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, all of the following information must accompany the sample:
(A) The name, mailing address, and telephone number of the originator of the sample.
(B) The name, address, and telephone number of the facility that will perform the treatability study.
(C) The quantity of the sample.
(D) The date of the shipment.
(E) A description of the sample, including its hazardous waste number.
(d) The sample is shipped to a laboratory or testing facility that is exempt under subrule (9) of this rule or has an appropriate RCRA permit, state hazardous waste operating license, or interim status.
(e) The generator or sample collector maintains all of the following records for 3 years after completion of the treatability study:
(i) Copies of the shipping documents.
(ii) A copy of the contract with the facility that conducts the treatability study.
(iii) Documentation that shows all of the following information:
(A) The amount of waste that is shipped under this exemption.
(B) The name, address, and site identification number of the laboratory or testing facility that received the waste.
(C) The date the shipment was made.
(D) If unused samples and residues were returned to the generator.
(f) The generator reports the information required under subdivision (e)(iii) of this subrule as part of the data referenced in R 299.9312(1).
(g) The mass of a sample that will be exported to a foreign laboratory or that will be imported to a U.S. laboratory from a foreign source does not exceed 25 kilograms.
(7) The director may grant requests on a case-by-case basis for up to an additional 2 years for treatability studies involving bioremediation. The director may grant requests on a case-by-case basis for quantity limits in excess of those specified in subrules (6)(a) and (b) and (9)(d) of this rule for up to an additional 5,000 kilograms of media contaminated with nonacute hazardous waste, 500 kilograms of nonacute hazardous waste, 2,500 kilograms of media contaminated with acute or severely toxic hazardous waste, and 1 kilogram of acute or severely toxic hazardous waste. A request may be granted in response to 1 or both of the following requests:
(a) A request for authorization to ship, store, and conduct treatability studies on, additional quantities in advance of commencing treatability studies. The director shall consider all of the following factors in determining whether to grant the request:
(i) The nature of the technology.
(ii) The type of process.
(iii) The size of the unit undergoing testing, particularly in relation to scale-up considerations.
(iv) The time and quantity of material required to reach steady state operating conditions.
(v) Test design considerations such as mass balance calculations.
(b) A request for authorization to ship, store, and conduct treatability studies on, additional quantities after initiation or completion of initial treatability studies when any of the following occur:
(i) There has been an equipment or mechanical failure during the conduct of a treatability study.
(ii) There is a need to verify the results of a previously conducted treatability study.
(iii) There is a need to study and analyze alternative techniques within a previously evaluated treatment process.
(iv) There is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.
(8) The additional quantities and time frames allowed under subrule (7) of this rule are subject to this rule. The generator or sample collector shall apply to the director and shall provide, in writing, all of the following information:
(a) The reason why the generator or sample collector requires an additional quantity of the sample or time for the treatability study evaluation and the additional quantity or time needed.
(b) Documentation accounting for all samples of hazardous waste from the waste stream that have been sent for or undergone treatability studies, including all of the following information:
(i) The date that each previous sample from the waste stream was shipped.
(ii) The sample quantity of each previous shipment.
(iii) The laboratory or testing facility to which the sample was shipped.
(iv) What treatability study processes were conducted on each sample shipped.
(v) The available results of each treatability study.
(c) A description of the technical modifications or change in specifications that will be evaluated and the expected results.
(d) If further study is being required due to equipment or mechanical failure, then the applicant must include information regarding the reason for the failure and also include a description of what procedures were established, or what equipment improvements have been made, to protect against further equipment or mechanical failure.
(e) Other information that the director considers necessary.
(9) Samples that undergo treatability studies and the laboratory or testing facility that conducts the treatability studies, to the extent the facilities are not otherwise subject to the requirements of part 111 of the act, MCL 324.11101 to 324.11153, or these rules, are not subject to any of the requirements of these rules or to the notification requirements of section 3010 of RCRA, 42 USC 6930, if the conditions of this subrule are met. A mobile treatment unit may qualify as a testing facility subject to this subrule. If a group of mobile treatment units is located at the same site, then the limitations specified in this subrule apply to the entire group of mobile treatment units collectively as if the group were 1 mobile treatment unit. The conditions are as follows:
(a) Not less than 45 days before conducting treatability studies, the facility shall notify the director, in writing, that it intends to conduct treatability studies under this rule.
(b) The laboratory or testing facility that conducts the treatability study has a site identification number.
(c) Not more than a total of 10,000 kilograms of "as received" media contaminated with nonacute hazardous waste, 2,500 kilograms of media contaminated with acute or severely toxic hazardous waste, or 250 kilograms of other "as received" hazardous waste is subjected to the initiation of treatment in all treatability studies in any single day. "As received" hazardous waste refers to waste as received in the shipment from the generator or sample collector.
(d) The quantity of "as received" hazardous waste that is stored at the facility for evaluation in treatability studies is not more than 10,000 kilograms, the total of which may include 10,000 kilograms of media contaminated with nonacute hazardous waste, 2,500 kilograms of media contaminated with acute or severely toxic hazardous waste, 1,000 kilograms of nonacute hazardous waste other than contaminated media, and 1 kilogram of acute or severely toxic hazardous waste. The quantity limitation does not include treatment materials, including nonhazardous waste, that are added to "as received" hazardous waste.
(e) Not more than 90 days have elapsed since the treatability study for the sample was completed, or not more than 1 year, or 2 years for treatability studies involving bioremediation, has elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date occurs first.
(f) The treatability study does not involve the placement of hazardous waste on the land or the open burning of hazardous waste.
(g) The facility maintains records, for 3 years following completion of each study, that show compliance with the treatment rate limits, storage time, and quantity limits. All of the following specific information must be included for each treatability study that is conducted:
(i) The name, address, and site identification number of the generator or sample collector of each waste sample.
(ii) The date the shipment was received.
(iii) The quantity of waste accepted.
(iv) The quantity of "as received" waste in storage each day.
(v) The date the treatment study was initiated and the amount of "as received" waste introduced to treatment each day.
(vi) The date the treatability study was concluded.
(vii) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the site identification number.
(h) The facility keeps, on site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending 3 years from the completion date of each treatability study.
(i) The facility prepares and submits a report to the director by March 15 of each year that includes all of the following information for the previous calendar year:
(i) The name, address, and site identification number of the facility conducting the treatability studies.
(ii) The types, by process, of treatability studies conducted.
(iii) The names and addresses of persons for whom studies have been conducted, including their site identification numbers.
(iv) The total quantity of waste in storage each day.
(v) The total quantity and types of waste subjected to treatability studies.
(vi) When each treatability study was conducted.
(vii) The final disposition of residues and unused sample from each treatability study.
(j) The facility determines if any unused sample or residues generated by the treatability study are hazardous waste under R 299.9203 and, if so, are subject to these rules, unless the residues and unused samples are returned to the sample originator under the exemption in subrule (6) of this rule.
(k) The facility notifies the director, by letter, when the facility is no longer planning to conduct any treatability studies at the site.
(10) The disposal of PCB-containing dielectric fluid and electric equipment that contains the fluid as authorized for use and as regulated under 40 CFR part 761 and fluid and equipment that are hazardous only because they fail the test for the toxicity characteristic for hazardous waste numbers D018 through D043 are not subject to regulation under parts 2 to 7 and 9 and 10 of these rules.
(11) Dredged material, as defined in 40 CFR 232.2, that is subject to the requirements of a permit that has been issued under section 404 of the federal clean water act, 33 USC 1344, or section 103 of the marine protection, research, and sanctuaries act of 1972, 33 USC 1413, is not a hazardous waste for the purposes of part 111 of the act, MCL 324.11101 to 324.11153, and these rules. For the purposes of this exemption, "permit" means any of the following:
(a) A permit issued by the U.S. Army Corps of Engineers or an approved state under section 404 of the federal clean water act, 33 USC 1344.
(b) A permit issued by the U.S. Army Corps of Engineers under section 103 of the marine protection, research, and sanctuaries act of 1972, 33 USC 1413.
(c) In the case of U.S. Army Corps of Engineers civil works projects, the administrative equivalent of the permits referred to in subdivisions (a) and (b) of this subrule, as provided for in the U.S. Army Corps of Engineers regulations.
(12) Carbon dioxide streams that are captured and transported for the purposes of injection into an underground injection well subject to the requirements for class VI underground injection control wells, including the requirements of 40 CFR parts 144 and 146 of the underground injection control program of act 399, are not a hazardous waste if all of the following requirements are met:
(a) Transportation of the carbon dioxide stream must comply with all of the following DOT requirements:
(i) The pipeline safety laws under 49 USC 60101 to 60141.
(ii) The pipeline safety regulations under 49 CFR parts 190 to 199.
(iii) The pipeline safety regulations adopted and administered by a state authority under a certification under 49 USC 60105, as applicable.
(b) Injection of the carbon dioxide stream must comply with the applicable requirements for class VI underground injection control wells, including the applicable requirements of 40 CFR parts 144 and 146.
(c) No hazardous waste is mixed with, or otherwise co-injected with, the carbon dioxide stream.
(d) Any generator of a carbon dioxide stream who claims that a stream is excluded under this subrule shall sign, or have an authorized representative sign, a certification statement worded in accordance with 40 CFR 261.4(h)(4)(i).
(e) Any class VI underground injection control well owner or operator who claims that a carbon dioxide stream is excluded under this subrule shall sign, or have an authorized representative sign, a certification statement worded in accordance with 40 CFR 261.4(h)(4)(ii).
(f) The signed certification statements referenced in subdivisions (d) and (e) of this subrule must be kept on-site for not less than 3 years. The statements must be made available within 72 hours of a written request from the director. The statements must be renewed every year that the exclusion is claimed by having the generator or the owner or operator, or their authorized representative, annually prepare and sign a new copy of the statement within 1 year of the date of the previous statement. The statements must also be readily accessible on the generator and owner or operators publicly-available website, if one exists, as a public notification with the title of "Carbon Dioxide Stream Certification" when the exclusion is claimed.
(13) 40 CFR 261.4(h)(4)(i) and (ii), part 144, part 146, part 280, and part 761 and 49 CFR parts 190 to 199 are adopted by reference in R 299.11003 and R 299.11004.

Notes

Mich. Admin. Code R. 299.9204
1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS;2008 AACS; 2013 AACS; 2017 AACS; 2020 MR 14, Eff. August 3, 2020

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