Mich. Admin. Code R. 299.9316 - Episodic generation; alternate requirements for very small and small quantity generators

Rule 316.

(1) This rule provides alternative requirements for very small and small quantity generators and the episodic generation of wastes beyond their usual generator categories.

(2) A very small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event if the very small quantity generator complies with all of the following conditions:

(a) The very small quantity generator is limited to 1 episodic event per calendar year, unless a petition is granted under subrules (4) to (7) of this rule.

(b) The very small quantity generator shall notify the director no later than 30 calendar days before initiating a planned episodic event using Michigan site identification form EQP5150. In the event of an unplanned episodic event, the very small quantity generator shall notify the director within 72 hours of the unplanned event via phone, email, or fax and subsequently submit Michigan site identification form EQP5150. The very small quantity generator shall include the start date and end date of the episodic event, the reason(s) for the event, types and estimated quantities of hazardous waste expected to be generated as a result of the episodic event, and shall identify a facility contact and emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to an emergency in compliance with R 299.9306(1)(n).

(c) The very small quantity generator shall have a site identification number or obtain a site identification number using Michigan site identification form EQP5150.

(d) A very small quantity generator is prohibited from accumulating hazardous waste generated from an episodic event on drip pads and in containment buildings.

(e) The episodic hazardous waste is managed under 1 or more of the following methods:

(i) In containers and the very small quantity generator complies with all off the following:

(A) The standards of R 299.9306(1)(d)(i).

(B) Each container is marked or labeled with all of the following:

(I) The words "Episodic Hazardous Waste."

(II) A description of the waste 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 the episodic event began.

(ii) In tanks and the very small quantity generator complies with all of the following:

(A) The standards of R 299.9306(1)(d)(ii).

(B) Each tank is marked or labeled with both of the following:

(I) The words "Episodic Hazardous Waste."

(II) A description of the waste 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), 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.

(C) Use inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins.

(D) Keep inventory logs or records with the above information on site and readily available for inspection.

(iii) Hazardous waste must be managed in a manner that minimizes the possibility of a fire, explosion, or release of hazardous waste or hazardous waste constituents to the air, soil, or water which could threaten human health or the environment.

(f) The very small quantity generator shall comply with the hazardous waste manifest provisions in R 299.9309 when it sends its episodic event hazardous waste off site to a designated facility. The very small quantity generator has up to 60 calendar days from the start of the episodic event to manifest and send its hazardous waste generated from the episodic event to a designated facility.

(g) The very small quantity generator shall maintain all of the following records for 3 years from the end date of the episodic event:

(i) The beginning and end dates of the episodic event.

(ii) A description of the episodic event.

(iii) A description of the types and quantities of hazardous wastes generated during the event.

(iv) A description of how the hazardous waste was managed as well as the name of the designated facility that received the hazardous waste.

(v) The name of hazardous waste transporters.

(vi) An approval letter from director if the very small quantity generator petitioned to conduct 1 additional episodic event per calendar year.

(3) A small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event if the small quantity generator complies with all of the following conditions:

(a) The small quantity generator is limited to 1 episodic event per calendar year, unless a petition is granted under subrules (4) to (7) of this rule.

(b) The small quantity generator shall notify the director no later than 30 calendar days before initiating a planned episodic event using Michigan site identification form EQP5150. In the event of an unplanned episodic event, the small quantity generator shall notify the director within 72 hours of the unplanned event via phone, email, or fax and subsequently submit Michigan site identification form EQP5150. The small quantity generator shall include the start date and end date of the episodic event, the reason(s) for the event, types and estimated quantities of hazardous waste expected to be generated as a result of the episodic event, and shall identify a small quantity generator contact and emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to an emergency.

(c) The small quantity generator shall have a site identification number or obtain a site identification number using Michigan site identification form EQP5150.

(d) A small quantity generator is prohibited from accumulating hazardous waste generated from an episodic event on drip pads and in containment buildings.

(e) The episodic hazardous waste is managed under 1 or more of the following methods:

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

(A) R 299.9306(1)(d)(i).

(B) Each container is marked or labeled with all of the following:

(I) The words "Episodic Hazardous Waste."

(II) A description of the waste 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 the episodic event began.

(ii) In tanks and the small quantity generator complies with all of the following:

(A) The standards of R 299.9306(1)(d)(ii).

(B) Each tank is marked or labeled with both of the following:

(I) The words "Episodic Hazardous Waste."

(II) A description of the waste 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), 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.

(C) Use inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins.

(D) Keep inventory logs or records with the above information on site and readily available for inspection.

(f) The small quantity generator shall treat the hazardous waste generated from an episodic event on site or manifest and ship the hazardous waste off site to a designated facility within 60 calendar days from the start of the episodic event to manifest and send its hazardous waste generated from the episodic event to a designated facility.

(g) The small quantity generator shall maintain all of the following records for 3 years from the end date of the episodic event:

(i) The beginning and end dates of the episodic event.

(ii) A description of the episodic event.

(iii) A description of the types and quantities of hazardous wastes generated during the event.

(iv) A description of how the hazardous waste was managed as well as the name of the designated facility that received the hazardous waste.

(v) The name of hazardous waste transporters.

(vi) An approval letter from the director if the small quantity generator petitioned to conduct 1 additional episodic event per calendar year.

(4) A very small quantity generator or small quantity generator may petition the director for a second episodic event in a calendar year without impacting its generator category under the following conditions:

(a) If a very small quantity generator or small quantity generator has already held a planned episodic event in a calendar year, the generator may petition the director for an additional unplanned episodic event in that calendar year within 72 hours of the unplanned event.

(b) If a very small quantity generator or small quantity generator has already held an unplanned episodic event in a calendar year, the generator may petition the director for an additional planned episodic event in that calendar year.

(5) The petition must include the following:

(a) The reason(s) why an additional episodic event is needed and the nature of the episodic event.

(b) The estimated amount of hazardous waste to be managed from the event.

(c) How the hazardous waste is to be managed.

(d) The estimated length of time needed to complete management of the hazardous waste generated from the episodic event. This estimated length of time may not exceed 60 days.

(e) Information regarding the previous episodic event managed by the very small quantity generator or small quantity generator, including the nature of the event, whether it was a planned or unplanned event, and how the very small quantity generator or small quantity generator met the conditions.

(6) The petition must be made to the director in writing, either on paper or electronically.

(7) The very small quantity generator or small quantity generator shall retain written approval in its records for 3 years from the date the episodic event ended.

Notes

Mich. Admin. Code R. 299.9316

2020 MR 14, Eff. 8/3/2020