Mich. Admin. Code R. 299.9206 - Requirements for recyclable materials
Rule 206.
(1)
Except as provided in subrules (2) to (6) of this rule, recyclable materials
are subject to all of the following requirements:
(a) Generators and transporters of recyclable
materials are subject to the applicable requirements of parts 3 and 4 of these
rules.
(b) Owners or operators of
facilities that store recyclable materials before they are recycled are
regulated under all applicable provisions of parts 5, 6, 7, and 8 of these
rules. The recycling process itself is exempt from regulation, except as
provided in subdivision (d) of this subrule.
(c) Owners or operators of facilities that
recycle recyclable materials without storing them before they are recycled are
subject to the identification number requirements of
40 CFR
264.11, the manifest requirements of
R
299.9608, and the reporting requirements of
R
299.9610. The recycling process itself is exempt from
regulation, except as provided in subdivision (d) of this subrule.
(d) A hazardous waste management unit in
which recyclable materials are recycled is subject to the requirements of 40
CFR part 265, subparts AA and BB if the unit is located at a facility that is
described in
R 299.9601(3)(a) or
(b), or the requirements of
R 299.9630 and
R 299.9631 if the unit is located at
a facility subject to the licensing requirements specified in part 111 of the
act , MCL 324.11101 to 324.11153, and part 5 of these rules.
(2) The following recyclable materials are
not subject to the requirements of this rule, but are regulated under the
applicable provisions of parts 5 and 8 of these rules:
(a) Recyclable materials used in a manner
that constitutes disposal .
(b)
Hazardous wastes burned for energy recovery in boilers and industrial furnaces
that are not regulated as incinerators under part 6 of these rules.
(c) Recyclable materials from which precious
metals are reclaimed.
(d) Spent
lead-acid batteries that are being reclaimed.
(3) The following recyclable materials are
not subject to regulation under part 111 of the act , MCL 324.11101 to
324.11153, or these rules, except for the environmental and human health
standards of
R 299.9602 and
R
299.9809 to
R
299.9816, as applicable:
(a) Industrial ethyl alcohol that is
reclaimed except that exports and imports of the recyclable materials must
comply with the requirements of R 299.9314.
(c) Fuels produced from the refining of
oil-bearing hazardous wastes together with normal process streams at a
petroleum refining facility if the wastes result from normal petroleum
refining, production, and transportation practices. This exemption does not
apply to fuels produced from oil recovered from oil-bearing hazardous waste , if
the recovered oil is already excluded under
R
299.9204(1)(l).
(d) Hazardous waste fuel that is produced
from oil-bearing hazardous wastes from petroleum refining, production, or
transportation practices or that is produced from oil that is reclaimed from
the hazardous wastes, if the hazardous wastes are reintroduced into a process
that does not use distillation or does not produce products from crude oil if
the resulting fuel is in compliance with the used oil specification in
R
299.9809(1)(f) and if other hazardous
wastes are not used to produce the hazardous waste fuel .
(e) Hazardous waste fuel that is produced
from oil-bearing hazardous waste that results from petroleum refining
production and transportation practices if the hazardous wastes are
reintroduced into a refining process after a point at which contaminants are
removed and if the fuel is in compliance with the used oil fuel specification
in
R
299.9809(1)(f).
(f) Oil that is reclaimed from oil-bearing
hazardous wastes that result from petroleum refining, production, and
transportation practices, which reclaimed oil is burned as a fuel without
reintroduction to a refining process , if the reclaimed oil is in compliance
with the used oil fuel specification in
R
299.9809(1)(f).
(g) Textiles, including gloves, uniforms,
linens, and wipes, that are being recycled in a manner other than being burned
for energy recovery or used in a manner constituting disposal if both of the
following conditions are met:
(i) After the
textile's original use, hazardous waste is not mixed with the
textile.
(ii) The textiles and the
containers used to transport the textiles do not contain any free
liquids .
(4)
Used oil that is recycled and is also a hazardous waste solely because it
exhibits a hazardous characteristic is not subject to regulation under part 111
of the act , MCL 324.11101 to 324.11153, or these rules, except for the
environmental and human health standards in
R 299.9602 and
R
299.9809 to
R
299.9816. Used oil that is recycled includes any used
oil that is reused, after its original use, for any purpose. Used oil includes,
but is not limited to, oil that is re-refined, reclaimed, burned for energy
recovery, or reprocessed.
(5) An
owner or operator of a facility that stores lamps that meet the definition of a
hazardous waste before recycling the lamps at the facility shall comply with
all of the following requirements:
(a) Submit
a written notification of hazardous waste lamp storage activity to the
director . The notification must include all of the following information:
(i) The name, mailing address, and telephone
number of the owner .
(ii) The name,
mailing address, and telephone number of the operator .
(iii) The name, mailing address, location,
and telephone number of the recycle facility .
(iv) A description of the unit or units in
which the lamps are managed on-site before recycling and a map that shows the
location of the unit or units.
(b) Obtain an identification number for the
facility from the director .
(c) The
environmental and human health standards under
R 299.9602.
(d) The location standards under
R
299.9603.
(f) The handling requirements of
R
299.9228(4)(a).
(g) Ensure that facility personnel are
trained with respect to proper hazardous waste handling and preparedness and
prevention procedures and are familiar with the facility emergency
procedures.
(h) If there is a fire,
explosion, or other release of hazardous waste or hazardous waste constituents
that could threaten human health or the environment, or if the owner or
operator has knowledge that a spill has reached surface water or groundwater ,
then the owner or operator shall immediately notify the department 's pollution
emergency alerting system telephone number 800-292-4706, or the department 's
district office for the district in which the facility is located. The
notification must include all of the following information:
(i) The name and telephone number of the
person who is reporting the incident.
(ii) The name, address, telephone number, and
identification number of the facility .
(iii) The date, time, and type of
incident.
(iv) The name and
quantity of the material or materials involved and released.
(v) The extent of injuries, if any.
(vi) The estimated quantity and disposition
of recovered materials that resulted from the incident, if any.
(vii) An assessment of actual or potential
hazards to human health or the environment.
(viii) The immediate response action
taken.
(i) The area where
the lamps are accumulated must be protected, as appropriate for the type of
waste being stored, from weather, fire, physical damage, and vandals.
(j) Accumulation must be conducted so that
fugitive emissions are not in violation of part 55 of the act , MCL 324.5501 to
324.5542.
(k) A written operating
record must be maintained on-site by the owner or operator and must contain all
of the following information:
(i) The
quantity of lamps received on-site during the calendar year.
(ii) The quantity of lamps recycled at the
facility during the calendar year.
(iii) The documentation necessary to
demonstrate that the lamps are not being stored on-site for more than 1 year.
(m)
R
299.9614 if the lamps are being stored in containers
and
R
299.9615 if the lamps are being stored in
tanks.
(n) The lamps must not be
stored on-site for more than 1 year from the date that the owner or operator
receives the lamps.
(o) Any
hazardous waste that is generated from the lamp recycle operation is subject to
2 to 7 of these rules.
(6) Hazardous waste that is exported or
imported for the purpose of recovery is subject to the requirements of R
299.9314.
(7)
40 CFR
264.11,
264.111,
and
264.114,
and part 265, subparts AA and BB, are adopted by reference in
R 299.11003.
Notes
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