Mich. Admin. Code R. 299.9503 - Operating licenses; exemptions
Rule 503.
(1) The
following persons do not require an operating license under part 111 of the
act, MCL 324.11101 to 324.11153:
(a) Persons
who own or operate a facility that treats, stores, or disposes of hazardous
waste in compliance with parts 31, 55, and 115 of the act, MCL 324.3101 to
324.3134, 324.5501 to 324.5542, and 324.11501 to 324.11554, if the only
hazardous wastes the facility treats, stores, or disposes of are excluded from
regulation under
R
299.9304.
(b) Generators who accumulate hazardous waste
on site for less than the time periods provided in
R
299.9305 to
R
299.9307.
(c) Farmers who dispose of waste pesticides
from their own use in compliance with
R
299.9204(3)(b).
(d) Owners or operators of totally enclosed
treatment facilities.
(e) Owners or
operators of elementary neutralization units.
(f) Owners or operators of wastewater
treatment units, if the following conditions, as applicable, are met:
(i) The units are subject to regulation under
section 402 or 307(b) of the federal clean water act,
33 USC
1342 or
1317(b).
(ii) The units are located on the site of a
generator and do not treat hazardous waste from any other generator unless the
waste is shipped entirely by pipeline or the off-site generator has the same
owner as the facility at which the unit is located.
(iii) If an owner or operator is diluting
D001 waste, other than D001 high TOC subcategory waste as defined in
40 CFR
268.40, or D003 waste, to remove the
hazardous characteristic before land disposal, the owner or operator complies
with the requirements of
40
CFR 264.17(b) and
265.17(b),
as applicable.
(g)
Transporters storing manifested shipments of hazardous waste in containers at a
transfer facility for a period of 10 days or less, if the transfer facility
requirements of
R
299.9404 are met.
(h) Persons adding absorbent material to
hazardous waste in a container, and persons adding hazardous waste to absorbent
material in a container, if all of the following conditions are met:
(i) The actions occur at the site of
generation when hazardous waste is first placed in the container.
(ii) Liquids are not absorbed in materials
that biodegrade or that release liquids when compressed.
(i) Generators
who have on-site treatment facilities if a generator complies with all of the
following requirements:
(i) All treatment is
conducted in either containers or tanks.
(ii) If the treatment occurs in containers,
then all of the following requirements are met:
(B) The containers holding hazardous waste
are always closed, except when it is necessary to add, remove, or treat the
waste.
(C) The containers holding
hazardous waste are not opened or handled in a manner that may rupture the
containers or cause them to leak.
(D) The containment requirements of
40
CFR 264.175.
(E) The generator documents the inspections
required under
40
CFR 265.174.
(iii) If the treatment occurs in tanks, the
requirements of 40 CFR part 265, subpart J, except for
40 CFR
265.197(c) and
265.200.
(iv) The requirements of 40 CFR part 265,
subpart C.
(v) The area where the
waste is treated is protected, as appropriate for the type of waste being
treated, from weather, fire, physical damage, and vandals.
(vi) Hazardous waste treatment is conducted
so that 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.
(viii) All treatment is completed within 90
days from the date that accumulation of the waste began if the generator is a
large quantity generator or within 180 days from the date that the accumulation
of the waste began if the generator is a small quantity generator.
(ix) Documentation is maintained on site that
specifies the date that accumulation of the waste began, the date that
treatment of the waste began, and the date that treatment of the waste was
completed.
(x) The requirements of
R 299.9602,
R
299.9603(1)(b) to (f) and (4),
R 299.9604,
R
299.9627, and
R
299.9633.
(j) Universal waste handlers and universal
waste transporters when handling the wastes identified in
R
299.9228(1). Universal waste handlers
and universal waste transporters are subject to
R
299.9228 when handling the universal wastes identified
in
R
299.9228(1).
(k) Owners or operators who use a pipeline
for the sole purpose of transferring wastes to and from treatment or storage
tanks at the facility and bulk railcars at an off-site transfer facility, if
all of the following requirements are met:
(i) The pipeline is owned and operated by the
owner or operator.
(ii) The
pipeline meets the requirements for ancillary equipment under 40 CFR part 264,
subpart J.
(iii) Wastes are not
stored in the pipeline.
(iv) The
owner or operator establishes as part of their waste analysis plan procedures
for receipt of the wastes by the facility to and from the transport
vehicle.
(v) The owner or operator
uses the pipeline solely as a method of transferring wastes and not as an
extension of the facility boundary beyond the area specified in their current
operating license or authorization.
(1) Owners
or operators of facilities which store military munitions that have been
classified as a waste in accordance with part 2 of these rules unless otherwise
specified in
R
299.9817.
(2) A person who is engaged in treatment or
containment activities during immediate response to a discharge of a hazardous
waste, an imminent and substantial threat of a discharge of hazardous waste, a
discharge of a material that, when discharged, becomes a hazardous waste, or an
immediate threat to human health, public safety, property, or the environment,
from the known or suspected presence of military munitions, other explosive
material, or an explosive device, as determined by an explosive or munitions
emergency response specialist shall not be subject to the operating license
requirements of part 111 of the act, MCL 324.11101 to 324.11153, and these
rules. Any person who continues or initiates hazardous waste treatment or
containment activities after the immediate response is over is subject to all
applicable requirements of this part and part 6 of these rules, except as
provided in subrule (4) of this rule. In the case of an explosives or munitions
emergency response, if a federal, state, tribal or local official acting within
the scope of his or her official responsibilities, or an explosives or
munitions emergency response specialist, determines that immediate removal of
the material or waste is necessary to protect human health or the environment,
that official or specialist may authorize the removal of the material or waste
by transporters who do not have EPA identification numbers. In the case of
emergencies involving military munitions, the responding military emergency
response specialist's organizational unit shall retain records for 3 years
identifying the dates of the response, the responsible persons responding, the
type and description of material addressed, and its disposition.
(3) The following are considered to have an
operating license and are not subject to the operating license requirements of
part 111 of the act, MCL 324.11101 to 324.11153, and these rules for new
facilities or expanded, enlarged, or altered existing facilities if the listed
conditions are met:
(a) The owner or operator
of an injection well disposing of hazardous waste, if the owner or operator
meets all of the following requirements:
(i)
Has a permit for underground injection that is issued pursuant to 40 CFR parts
124, 144, 145, 146, and 147, subpart X.
(ii) Complies with the conditions of the
permit and the requirements of
40 CFR
144.14.
(iii) Has a permit for underground injection
that is issued pursuant to 40 CFR parts 124, 144, 145, 146, and 147, subpart X,
and that is issued after November 8, 1984, and complies with both of the
following:
(A)
R
299.9629, Corrective action.
(B) Where the underground injection well is
the only unit at a facility that requires a permit, complies with
40 CFR
270.14(d).
(b) The owner or operator of a publicly owned
treatment works that accepts hazardous waste for treatment if the waste is in
compliance with all federal, state, and local pretreatment requirements that
would be applicable to the waste if it were being discharged into the publicly
owned treatment works (POTW) through a sewer, pipe, or similar conveyance, if
the owner or operator has a national pollutant discharge elimination system
(NPDES) permit and the owner or operator complies with the conditions of the
permit, and if the owner or operator complies with all of the following
requirements:
(i)
40 CFR
264.11, Identification number.
(ii)
R
299.9608, Use of manifest system.
(iii)
R 299.9609, Operating record;
availability, retention and disposition of records.
(iv)
R
299.9610, Reporting.
(v) For NPDES permits issued after November
8, 1984,
R
299.9629, Corrective
action.
(4) The
director shall exempt persons who conduct the following activities from the
operating license requirements of part 111 of the act, MCL 324.11101 to
324.11153, and these rules, but only if the exemption does not constitute a
less stringent permitting requirement than is required under RCRA:
(a) The treatment of hazardous waste during
the closure of a treatment, storage, or disposal unit, if both of the following
conditions apply:
(i) The treatment occurs at
the site of generation.
(ii) The
treatment is authorized in a closure plan approved by the director or his or
her designee.
(b) Closure
of an existing surface impoundment for hazardous waste that is closed as a
landfill pursuant to
R
299.9616(3), if the closure is
authorized in a closure plan approved by the director or his or her designee
and an operating license is obtained for the postclosure period.
(c) The treatment, storage, or disposal of
hazardous waste at the individual site of generation if conducted solely in
response to, or as corrective action under, and in full compliance with, a plan
developed or approved by the director, or his or her designee, under part 31,
111, 201, or 213 of the act, MCL 324.3101 to 324.3134, 324.11101 to 324.11153,
324.20101 to 324.20142, and 324.21301a to 324.21334, or an administrative or
judicial consent order to which the director is a party and if the treatment,
storage, or disposal is conducted in accordance with the technical standards of
part 6 of these rules.
(d)
Treatment, storage, or disposal of hazardous waste at the individual site of
generation, if conducted solely in response to, or as a corrective action
under, and in full compliance with CERCLA.
Notes
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