Mich. Admin. Code R. 299.9307 - Conditions for exemption for large quantity generators that accumulate hazardous waste

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Rule 307.

(1) A large 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 the requirements of parts 5 to 8 of these rules or the notification requirements of section 3010 of RCRA, 42 USC 6930, if all of the following conditions for exemption are met:

(a) The large quantity generator accumulates hazardous waste on site for no more than 90 days, unless the large quantity generator is in compliance with the accumulation time extension or F006 accumulation conditions for exemption in subrules (2) to (5) of this rule.

(b) The hazardous waste is managed under either of the following methods:

(i) In containers and the large quantity generator complies with all of the following:

(A) The containment requirements of 40 CFR 264.175 and the applicable requirements of 40 CFR part 265, subparts AA, BB, and CC.

(B) If a container holding hazardous waste is not in good condition, or if it begins to leak, the large 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.

(C) 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.

(D) Containers holding hazardous waste must be closed at all times during accumulation, except when it is necessary to add or remove waste.

(E) Containers holding hazardous waste must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.

(F) At least weekly, inspect central accumulation areas looking for leaking containers and for deterioration of containers caused by corrosion or other factors.

(G) Both of the following special conditions for ignitable or reactive wastes:

(I) Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the large quantity generators property line unless a written approval is obtained from the authority having jurisdiction over the local fire code allowing hazardous waste accumulation to occur within this restricted area. A record of the written approval must be maintained on site as long as ignitable or reactive hazardous waste is accumulated in this area.

(II) The large quantity generator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to the following: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks, spontaneous ignition, and radiant heat. While ignitable or reactive waste is being handled, the large quantity generator shall confine smoking and open flame to specially designated locations. "No smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(H) 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 holding 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.

(I) 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 generator complies with the applicable requirements of 40 CFR part 265, subparts J, AA, BB, and CC, except 265.197(c) and 265.200, and R 299.9615, except for R 299.9615(1). For the purposes of this rule, the references in R 299.9615 to 40 CFR part 264 are replaced by references to 40 CFR part 265.

(A) Mark or label each tank with all of the following:

(I) The words "Hazardous Waste."

(B) Use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 90 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 90 days of first entering. The inventory logs or records must be kept onsite and readily available for inspection.

(iii) On drip pads and the large quantity generator shall complies with all of the following:

(A) 40 CFR part 265, subpart W.

(B) The large quantity generator shall 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 90-day accumulation limit in subdivision (a) 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.

(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.

(c) The large quantity generator complies with the requirements of 40 CFR part 262, subpart M. 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 large quantity generator has knowledge that a spill has reached surface water or groundwater, the large quantity generator shall also immediately notify the departments pollution emergency alerting system - telephone number 800-292-4706. The notifications 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 site identification number of the large quantity generator.

(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.

(d) The large quantity generator shall ensure that the area where the waste is accumulated is protected from weather, fire, physical damage, and vandals.

(e) The large quantity generator shall ensure 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.

(f) Personnel shall successfully complete a program of classroom instruction, online training, or on-the-job training that teaches them to perform their duties in a way that ensures compliance with these rules. The large quantity generator shall ensure that this program includes all of the elements described in the document required under subdivision (i) of this subrule. This program must be directed by a person trained in hazardous waste management procedures and include instruction which teaches personnel hazardous waste management procedures, including contingency plan implementation, relevant to the positions in which they are employed. At a minimum, the training program must be designed to ensure that personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including where applicable:

(i) Procedures for using, inspecting, repairing, and replacing emergency and monitoring equipment.

(ii) Key parameters for automatic waste feed cut-off systems.

(iii) Communications or alarm systems.

(iv) Response to fires or explosions.

(v) Response to groundwater contamination incidents.

(vi) Shutdown of operations.

(g) For employees that receive emergency response training under 29 CFR 1910.120(p)(8) and 1910.120(q), the large quantity generator is not required to provide separate emergency response training under this rule if that the overall training meets all of the conditions of exemption in this rule.

(h) Personnel shall successfully complete the program required in subdivision (f) of this subrule within 6 months after the date of their employment or assignment to the large quantity generators site, or to a new position at the site, whichever is later. Employees shall not work in unsupervised positions until they have completed the training standards of subdivision (f) of this subrule. Personnel shall also take part in an annual review of the initial training required in subrule (f) of this subrule.

(i) The large quantity generator must maintain all of the following documents and records on site:

(i) The job title for each position at the site related to hazardous waste management, and the name of the employee filling each job.

(ii) A written job description for each position listed under paragraph (i) of this subdivision. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of personnel assigned to each position.

(iii) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (i) of this subdivision.

(iv) Records that document that the training or job experience, required under subdivisions (f) to (h) of this subrule, has been given to, and completed by, personnel.

(j) Training records on current personnel must be kept until closure of the large quantity generators site. Training records on former employees must be kept for at least 3 years from the date the employee last worked at the large quantity generators site. Personnel training records may accompany personnel transferred within the same company.

(k) A large quantity generator accumulating hazardous wastes in containers, tanks, or drip pads must, before closing an individual waste accumulation unit or all of the units, meet the following conditions:

(i) If closing an individual unit, perform 1 of the following:

(A) Place a notice in the operating record within 30 days after closure identifying the location of the unit.

(B) Meet the closure performance standards of paragraph (iii) of this subdivision for containers or tanks or paragraph (iv) of this subdivision for drip pads, and notify the director following the procedures in paragraph (ii)(B) of this subdivision. If the unit is subsequently reopened, the large quantity generator may remove the notice from the operating record.

(ii) If closing all of the units, comply with all of the following:

(A) Notify the director using Michigan site identification form EQP5150 no later than 30 days before closing the large quantity generators site.

(B) Notify the director using the Michigan site identification form EQP5150 within 90 days after closing all of the units that it has met the closure performance standards of subdivisions (iii) or (iv) of this subrule. If the large quantity generator cannot meet these closure performance standards, notify the director using Michigan site identification form EQP5150 that it will close as a landfill under 40 CFR 265.310 in the case of a container or tank unit or 40 CFR 265.445(b) in the case of drip pads.

(C) If additional time is needed to clean close all of the units, notify the director using Michigan site identification form EQP5150 within 75 days after the date provided in subparagraph (A) of this paragraph to request an extension and provide an explanation as to why the additional time is required.

(iii) At closure, close each unit in a manner that does all of the following:

(A) Minimizes the need for further maintenance by controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, the postclosure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere.

(B) Removes or decontaminates all contaminated equipment, structures, and soil and any remaining hazardous waste residues from the unit including containment system components, contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless R 299.9203(5) applies.

(C) Any hazardous waste generated in the process of closing the unit must be managed in accordance with all applicable standards of parts 3 to 7, including removing any hazardous waste contained in the unit within 90 days of generating it and managing these wastes in a facility licensed under part 111 of the act, MCL 324.11101 to 324.11153, or under an interim status or permitted facility under subtitle C of RCRA, 42 USC 6921 to 6939g, or a state program authorized thereunder.

(D) If the large quantity generator demonstrates that any contaminated soils and wastes cannot be practicably removed or decontaminated as required in subparagraph (B) of this paragraph, then the unit is considered a landfill. For the purposes of closure, postclosure, and financial responsibility, the large quantity generator shall close the unit and perform postclosure care in accordance with 40 CFR 265.310 and comply with the requirements for landfills specified in 40 CFR part 265, subparts G and H.

(iv) At closure, the large quantity generator shall comply with the closure requirements of paragraphs (ii) and (iii)(A) and (C) of this subdivision and 40 CFR 265.445(a) and (b).

(v) The closure requirements of this subdivision do not apply to satellite accumulation areas.

(1) The applicable provisions of 40 CFR part 268.

(2) A large quantity generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of parts 5 to 8 of these rules and the notification requirements of section 3010 of RCRA, 42 USC 6930, unless it has been granted an extension to the 90-day period. The director or his or her designee may grant an extension if hazardous wastes must remain on site for longer than 90 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.

(3) A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the hazardous waste number F006, may accumulate F006 waste on site for more than 90 days, but not more than 180 days without being subject to parts 5 to 8 of these rules and the notification requirements of section 3010 of RCRA, 42 USC 6930, if the large quantity generator complies with all of the following additional conditions for exemption:

(a) The large quantity generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants, or contaminants entering F006 waste or otherwise released to the environment before its recycling.

(b) The F006 waste is legitimately recycled through metals recovery.

(d) The F006 waste is managed in accordance with the following:

(i) The F006 waste is placed in either of the following:

(A) In containers and the large quantity generator complies with the applicable conditions for exemption in R 299.9307(1)(b)(i).

(B) Is placed in tanks and the large quantity generator complies with the applicable conditions for exemption in R 299.9307(1)(b)(ii).

(ii) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.

(iii) While being accumulated on site, each container and tank is labeled or marked clearly with both of the following:

(A) The words "Hazardous Waste."

(B) 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.

(iv) The large quantity generator complies with the requirements in subdivisions (c) to (k) of subrule (1) of this rule.

(4) A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for hazardous waste number F006, and who must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on site for more than 90 days, but not more than 270 days without being subject to parts 5 to 8 of these rules and the notification requirements of section 3010 of RCRA, 42 USC 6930, if the large quantity generator complies with all of the conditions for exemption of subrule (3) of this rule.

(5) A large quantity generator accumulating F006 waste in accordance with subrules (3) and (4) of this rule who accumulates F006 waste on site for more than 180 days, or for more than 270 days if the large quantity generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more, or who accumulates more than 20,000 kilograms of F006 waste on site is an operator of a storage facility and is subject to the requirements of parts 5 to 7 of these rules and the notification requirements of section 3010 of RCRA, 42 USC 6930, unless the large quantity generator has been granted an extension to the 180-day, or 270-day if applicable, period or an exception to the 20,000 kilogram accumulation limit. Extensions and exceptions may be granted by the director if F006 waste must remain on site for longer than 180 days, or 270 days if applicable, or if more than 20,000 kilograms of F006 waste must remain on site due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the director on a case-by-case-basis.

(6) A large quantity generator may accumulate on site hazardous waste received from very small quantity generators under control of the same person, without an operating license or complying with the requirements of parts 5 to 8 of these rules and the notification requirements of section 3010 of RCRA, 42 USC 6930, if the large quantity generator complies with all of the following conditions. A used in this rule, "control" means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person are not considered to "control" the generators.

(a) The large quantity generator notifies the department at least 30 days before receiving the first shipment from a very small quantity generator using Michigan site identification form EQP5150. The large quantity generator shall identify on the form the name, site address, and contact person name and business telephone number for each very small quantity generator. The large quantity generator shall also submit an updated Michigan site identification form EQP5150 within 30 days after a change in the name or site address for the very small quantity generator.

(b) The large quantity generator maintains records of shipments for 3 years from the date the hazardous waste was received from the very small quantity generator. These records must identify the name, site address, and contact information for the very small quantity generator and include a description of the hazardous waste received, including the quantity and the date the waste was received.

(c) The large quantity generator complies with the independent requirements identified in R 299.9301(1)(c) and the conditions for exemption in this rule for all hazardous waste received from a very small quantity generator. For purposes of the labeling and marking regulations in subrule (1)(b) of this rule, the large quantity generator shall label the container or unit with the date accumulation started and the date the hazardous waste was received from the very small quantity generator. If the large quantity generator is consolidating incoming hazardous waste from a very small quantity generator with either its own hazardous waste or with hazardous waste from other very small quantity generators, the large quantity generator shall label each container or unit with the earliest date any hazardous waste in the container was accumulated on site.

(7) A large 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 subrules (1) and (2) of this rule. Upon receipt of the returned shipment, the large 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.

Notes

Mich. Admin. Code R. 299.9307

1985 AACS; 1988 AACS; 1996 AACS; 1998 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2017 AACS; 2020 MR 14, Eff. 8/3/2020

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