Mich. Admin. Code R. 299.9306 - Conditions for exemption for small quantity generators that accumulate hazardous waste
Rule 306.
(1) A
small quantity generator may accumulate hazardous waste on site without an
operating license issued under part 111 of the act , MCL 324.11101 to 324.11153,
and without complying with parts 5 to 8 of these rules or the notification
requirements of section 3010 of RCRA , 45 USC 6930, if all of the following
conditions are met:
(a) The small quantity
generator generates in a calendar month no more than the amounts specified in
the definition of "small quantity generator ."
(b) The small quantity generator accumulates
hazardous waste on site for no more than 180 days, unless the small quantity
generator is in compliance with the conditions for longer accumulation in
subrules (3) and (4) of this rule.
(c) The quantity of hazardous waste
accumulated on site never exceeds 6,000 kilograms.
(d) The hazardous waste is managed under 1 or
more of the following methods:
(i) In
containers and the small quantity generator complies with the containment
requirements of
40
CFR 264.175 if the quantity of waste
accumulated on site exceeds 1,000 kilograms, and with all of the following:
(A) If a container holding hazardous waste is
not in good condition, or if it begins to leak, the small quantity generator
shall immediately transfer the hazardous waste from this container to a
container that is in good condition and does not leak, or immediately manage
the waste in some other way that complies with the conditions for exemption of
this rule.
(B) Use a container made
of or lined with materials that will not react with, and are otherwise
compatible with, the hazardous waste to be accumulated, so that the ability of
the container to contain the waste is not impaired.
(C) Containers holding hazardous waste must
be closed at all times during accumulation, except when it is necessary to add
or remove waste .
(D) Containers
holding hazardous waste must not be opened, handled, or accumulated in a manner
that may rupture the container or cause it to leak.
(E) At least weekly, inspect central
accumulation areas looking for leaking containers and for deterioration of
containers caused by corrosion or other factors.
(F) All of the following special standards
for incompatible wastes:
(I) Incompatible
wastes, or incompatible wastes and materials, must not be placed in the same
container unless the requirements of
40
CFR 265.17(b) are
met.
(II) Hazardous waste must not
be placed in an unwashed container that previously held an incompatible waste
or material unless the requirements of
40
CFR 265.17(b) are
met.
(III) A container accumulating
hazardous waste that is incompatible with any waste or other materials
accumulated or stored nearby in other containers, piles, open tanks, or surface
impoundments must be separated from the other materials or protected from them
by means of a dike , berm, wall, or other device.
(G) Mark or label each container with all of
the following:
(I) The words "Hazardous
Waste ."
(II) A description of the
waste or the hazardous waste number , and an indication of the hazards of the
contents. The indication of the hazards of the contents may include the
applicable hazardous waste characteristic(s), the hazard communication
consistent with 49 CFR part 172, subpart E or F, a hazard statement or
pictogram consistent with
29 CFR
1910.1200, or a chemical hazard label
consistent with the NFPA standard no. 704.
(III) The date upon which each period of
accumulation begins clearly visible for inspection on each container .
(ii) In tanks and the
small quantity generator complies with all of the following:
(B) Hazardous wastes or treatment reagents
must not be placed in a tank if they could cause the tank or its inner liner to
rupture, leak, corrode, or otherwise fail before the end of its intended
life.
(C) Uncovered tanks must be
operated to ensure at least 60 centimeters of freeboard , unless the tank is
equipped with a containment structure like a dike or trench, a drainage control
system , or a diversion structure like a standby tank with a capacity that
equals or exceeds the volume of the top 60 centimeters of the tank .
(D) If hazardous waste is continuously fed
into a tank , the tank must be equipped with a means to stop this
inflow.
(E) Except as noted in
subparagraph (F) of this paragraph, a small quantity generator that accumulates
hazardous waste in tanks must inspect, where present:
(I) Discharge control equipment at least once
each operating day, to ensure that it is in good working order.
(II) Data gathered from monitoring equipment
at least once each operating day to ensure that the tank is being operated
according to its design.
(III) The
level of waste in the tank at least once each operating day to ensure
compliance with subparagraph (C) of this paragraph.
(IV) The construction materials of the tank
at least weekly to detect corrosion or leaking of fixtures or seams.
(V) The construction materials of, and the
area immediately surrounding, discharge confinement structures at least weekly
to detect erosion or obvious signs of leakage. The small quantity generator
shall remedy any deterioration or malfunction of equipment or structures that
the inspection reveals on a schedule that ensures that the problem does not
lead to an environmental or human health hazard. If a hazard is imminent or has
already occurred, remedial action must be taken immediately.
(F) A small quantity generator
accumulating hazardous waste in tanks or tank systems that have full secondary
containment and that either use leak detection equipment to alert personnel to
leaks, or implement established workplace practices to ensure leaks are
promptly identified, shall inspect at least weekly, where applicable, the areas
identified in subparagraph (E)(I) to (V) of this paragraph. Use of the
alternate inspection schedule must be documented in the small quantity
generators operating record. This documentation must include a description of
the established workplace practices at the small quantity generator .
(G) Upon closure of the small quantity
generators site , that small quantity generator shall remove all hazardous waste
from tanks, discharge control equipment, and discharge confinement structures.
At closure, as throughout the operating period, unless the small quantity
generator can demonstrate, in accordance with
R
299.9203(3) or (5), that any waste
removed from its tank is not a hazardous waste , it shall manage the waste in
accordance with all applicable provisions of parts 3, 4, and 6 of these
rules.
(H) Ignitable or reactive
waste must not be placed in a tank , unless 1 or more of the following occurs:
(I) The waste is treated, rendered, or mixed
before or immediately after placement in a tank so that the resulting waste ,
mixture, or dissolution of material no longer meets the definition of ignitable
or reactive waste under
R
299.9212 and
40
CFR 265.17(b) is
met.
(II) The waste is accumulated
or treated in a way that it is protected from any material or conditions that
may cause the waste to ignite or react.
(III) The tank is used solely for
emergencies.
(I) A small
quantity generator that treats or accumulates ignitable or reactive waste in
covered tanks shall comply with the buffer zone requirements for tanks
contained in Tables 2-1 to 2-6 of the NFPA standard no. 30.
(J) The following special conditions for
incompatible wastes:
(I) Incompatible wastes,
or incompatible wastes and materials, must not be placed in the same tank ,
unless the requirements of
40
CFR 265.17(b) are
met.
(II) Hazardous waste must not
be placed in an unwashed tank that previously held an incompatible waste or
material, unless the requirements of
40
CFR 265.17(b) are
met.
(K) Mark or label
each tank with all of the following:
(I) The
words "Hazardous Waste ."
(II) A
description of the waste or the hazardous waste number , and an indication of
the hazards of the contents. The indication of the hazards of the contents may
include the applicable hazardous waste characteristic(s), the hazard
communication consistent with 49 CFR part 172, subpart E or F, a hazard
statement or pictogram consistent with
29 CFR
1910.1200, or a chemical hazard label
consistent with the NFPA standard no. 704.
(L) Use inventory logs, monitoring equipment,
or other records to demonstrate that hazardous waste has been emptied within
180 days of first entering the tank if using a batch process , or in the case of
a tank with a continuous flow process , demonstrate that estimated volumes of
hazardous waste entering the tank daily exit the tank within 180 days of first
entering. The inventory logs or records must be kept onsite and readily
available for inspection.
(iii) Place the hazardous waste on a drip pad
and comply with all of the following:
(B) The small quantity generator must remove
all wastes from the drip pad at least once every 90 days. Any hazardous wastes
that are removed from the drip pad at least once every 90 days are then subject
to the 180-day accumulation limit in subdivision (b) of this subrule and
R
299.9305 if hazardous wastes are being managed in
satellite accumulation areas before being moved to the central accumulation
area .
(C) The small quantity
generator must maintain on site the following records readily available for
inspection:
(I) A written description of
procedures that will be followed to ensure that all wastes are removed from the
drip pad and associated collection system at least once every 90
days.
(II) Documentation of each
waste removal, including the quantity of waste removed from the drip pad and
the sump or collection system and the date and time of
removal.
(f) The small quantity
generator shall maintain and operate the small quantity generator site in a
manner that minimizes the possibility of a fire, explosion, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste constituents
to air, soil, or surface water that could threaten human health or the
environment.
(g) All areas where
hazardous waste is either generated or accumulated must be equipped with all
the items specified in this subdivision, unless none of the hazards posed by
waste handled at the small quantity generators site could require a particular
kind of specified equipment or the actual waste generation or accumulation area
does not lend itself for safety reasons to have a particular kind of specified
equipment. A small quantity generator shall determine the most appropriate
locations to locate specified equipment necessary to prepare for and respond to
emergencies:
(i) An internal communications or
alarm system capable of providing immediate emergency instruction , voice or
signal, to small quantity generator site personnel .
(ii) A device, such as a telephone
immediately available at the scene of operations or a hand-held two-way radio,
capable of summoning emergency assistance from local police departments, fire
departments, or state or local emergency response teams.
(iii) Portable fire extinguishers, fire
control equipment, including special extinguishing equipment, such as that
using foam, inert gas, or dry chemicals, spill control equipment, and
decontamination equipment.
(iv)
Water at adequate volume and pressure to supply water hose streams, or foam
producing equipment, or automatic sprinklers, or water spray systems.
(h) All communications or alarm
systems, fire protection equipment, spill control equipment, and
decontamination equipment, where required, must be tested and maintained as
necessary to assure its proper operation in time of emergency .
(i) When hazardous waste is being poured,
mixed, spread, or otherwise handled, all personnel involved in the operation
shall have immediate, unimpeded access to an internal alarm or emergency
communication device, either directly or through visual or voice contact with
another employee, unless the device is not required under subdivision (g) of
this subrule.
(j) If there is just
1 employee on the premises while the small quantity generators site is
operating, the employee shall have immediate unimpeded access to a device, such
as a telephone (immediately available at the scene of operation) or a hand-held
two-way radio, capable of summoning external emergency assistance, unless the a
device is not required under subdivision (g) of this subrule.
(k) The small quantity generator shall
maintain aisle space to allow the unobstructed movement of personnel , fire
protection equipment, spill control equipment, and decontamination equipment to
any area of small quantity generators site operation in an emergency , unless
aisle space is not needed for any of these purposes.
(l) The small quantity generator shall
attempt to make arrangements with the local police department , fire department ,
other emergency response teams, emergency response contractors, equipment
suppliers and local hospitals, taking into account the types and quantities of
hazardous wastes handled at the small quantity generators site . Arrangements
may be made with the local emergency planning committee , if it is determined to
be the appropriate organization with which to make arrangements. As part of
this coordination, the small quantity generator shall attempt to familiarize
these organizations with the layout of the small quantity generators site , the
properties of hazardous waste handled at the small quantity generators site and
associated hazards, places where personnel would normally be working, entrances
to roads inside the small quantity generators site , and possible evacuation
routes as well as the types of injuries or illnesses that could result from
fires, explosions, or releases at the small quantity generators site . If more
than 1 police or fire department might respond to an emergency , the small
quantity generator shall attempt to make arrangements designating primary
emergency authority to a specific fire or police department , and arrangements
with any others to provide support to the primary emergency authority. The
small quantity generator shall maintain records documenting the arrangements
with the local fire department as well as any other organization necessary to
respond to an emergency . This documentation must include documentation in the
operating record that either confirms the arrangements actively exist or, if no
arrangements exist, confirms that attempts to make the arrangements were made.
A small quantity generator possessing 24-hour response capabilities may seek a
waiver from the authority having jurisdiction over the fire code within the
small quantity generators state or locality as far as needing to make
arrangements with the local fire department as well as any other organization
necessary to respond to an emergency , if the waiver is documented in the
operating record.
(m) The small
quantity generator shall ensure that, at all times, there is at least 1
employee either on the premises or on call with the responsibility for
coordinating all emergency response measures specified in subdivision (p) of
this subrule. This employee is the emergency coordinator and, if on call, shall
be available to respond to an emergency by reaching the small quantity
generators site within a short period of time.
(n) The small quantity generator shall post
next to telephones or in areas directly involved in the generation and
accumulation of hazardous waste the name and emergency telephone number of the
emergency coordinator; the location of fire extinguishers and spill control
material, and, if present, fire alarm; and the telephone number of the fire
department , unless the small quantity generators site has a direct
alarm.
(o) The small quantity
generator shall ensure that all employees are thoroughly familiar with proper
waste handling and emergency procedures relevant to their responsibilities
during normal site operations and emergencies.
(p) The emergency coordinator or his or her
designee shall respond to any emergencies that arise. The applicable responses
are as follows:
(i) In the event of a fire,
call the fire department or attempt to extinguish it using a fire
extinguisher.
(ii) In the event of
a spill, contain the flow of hazardous waste to the extent possible, and as
soon as is practicable, clean up the hazardous waste and any contaminated
materials or soil. The containment and cleanup may be conducted either by the
small quantity generator or by a contractor on behalf of the small quantity
generator .
(iii) In the event of a
fire, explosion, or other release of hazardous waste or hazardous waste
constituents that could threaten human health or the environment or if the
small quantity generator has knowledge that a spill has reached surface water
or groundwater , the small quantity generator shall also immediately notify the
departments pollution emergency alerting system telephone number 800-292-4706.
For releases that could threaten human health outside the small quantity
generators site or if the small quantity generator has knowledge that a spill
has reached surface water , the small quantity generator shall immediately
notify the national response center at its 24-hour toll free number -
800-424-8802. The notifications must include all of the following information:
(A) The name and telephone number of the
person who is reporting the incident.
(B) The name, address, telephone number, and
site identification number of the small quantity generator .
(C) The date, time, and type of
incident.
(D) The name and quantity
of the material or materials involved and released.
(E) The extent of injuries, if any.
(F) The estimated quantity and disposition of
recovered materials that resulted from the incident, if any.
(G) An assessment of actual or potential
hazards to human health or the environment.
(H) The immediate response action
taken.
(q) The
small quantity generator ensures that the area where the waste is accumulated
is protected from weather, fire, physical damage, and vandals.
(r) The small quantity generator ensures that
hazardous waste accumulation is conducted so hazardous waste or hazardous waste
constituents cannot escape by gravity into the soil, directly or indirectly,
into surface or groundwaters, or into drains or sewers and so that fugitive
emissions are not in violation of part 55 of the act , MCL 324.5501 to
324.5542.
(2) A small
quantity generator who shall transport its waste , or offer its waste for
transportation , over a distance of 200 miles or more for off-site treatment ,
storage , or disposal may accumulate hazardous waste on site for 270 days or
less without an operating license or without being an existing facility under
to
R 299.9502, if he or she complies
with subrule (1)(b) to (r) of this rule.
(3) A small quantity generator who
accumulates hazardous waste for more than 180 days, or 270 days as allowed for
in subrule (2) of this rule, is an operator of a storage facility and is
subject to the requirements of parts 5 to 7 of these rules unless the small
quantity generator has been granted an extension to the 180-day or, if
applicable 270-day, period. The director or his or her designee may grant an
extension if hazardous wastes shall remain on site for longer than 180 days or
270 days, if applicable, due to unforeseen, temporary, and uncontrollable
circumstances. The director or his or her designee may grant an extension of up
to 30 days on a case-by-case basis.
(4) A small quantity generator who sends a
shipment of hazardous waste to a designated facility with the understanding
that the designated facility can accept and manage the waste and later receives
that shipment back as a rejected load or residue in accordance with the
manifest discrepancy provisions of
R
299.9608 may accumulate the returned waste on site in
accordance with subrule (1) to (3). Upon receipt of the returned shipment, the
small quantity generator must:
(a) Sign Item
18c of the manifest , if the transporter returned the shipment using the
original manifest .
(b) Sign Item 20
of the manifest , if the transporter returned the shipment using a new
manifest .
(5) A small
quantity generator experiencing an episodic event may accumulate hazardous
waste in accordance with R 299.9316 instead of
R
299.9307.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.