3 ADMINISTRATIVE RULES

ORR # 2003-007

DEPARTMENT OF ENVIRONMENTAL QUALITY WASTE AND HAZARDOUS MATERIALS DIVISION HAZARDOUS WASTE MANAGEMENT

Filed with the Secretary of State on December 8, 2004

These rules take effect 7 days after filing with the Secretary of State

(By authority conferred on the director and the department of environmental quality by sections 11115a, 11118, 11123, 11127, 11128, 11130, 11132, 11137, 11140, 11141, and 11145 of 1994 PA 451, and

Executive Reorganization Order No. 1995-16, MCL 324.11115a, 324.11118, 324.11123, 324.11127,

324.11128, 324.11130, 324.11132, 324.11137, 324.11140, 324.11141, 324.11145, and 324.99903)

R 299.9101, R 299.9102, R 299.9103, R 299.9105, R 299.9106, R 299.9107, R 299.9109, R 299.9202, R

299.9203, R 299.9204, R 299.9205, R 299.9212, R 299.9220, R 299.9222, R 299.9226, R 299.9228, R

299.9303, R 299.9304, R 299.9306, R 299.9307, R 299.9309, R 299.9310, R 299.9401, R 299.9402, R

299.9409, R 299.9410, R 299.9502, R 299.9504, R 299.9514, R 299.9519, R 299.9601, R 299.9607, R

299.9608, R 299.9610, R 299.9614, R 299.9619, R 299.9623, R 299.9629, R 299.9635, R 299.9703, R

299.9706, R 299.9801, R 299.9808, R 299.9809, R 299.9815, R 299.9819, R 299.11001, R 299.11002,

R 299.11003, R 299.11004, R 299.11005, R 299.11006, R 299.11007, and R 299.11008 of the Michigan

Administrative Code are amended, R 299.9639, R 299.9640, R 299.9822, and R 299.9823 are added to the Code, and R 299.9624, R 299.9625, and R 299.9626 of the Code are rescinded to read as follows:

PART 1. GENERAL PROVISIONS

R 299.9101 Definitions; A, B.

Rule 101. As used in these rules:

(a) "Aboveground tank" means a device which meets the definition of "tank" in this part and which is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface bottom and can be visually inspected.

(b) "Act" means 1994 PA 451, MCL 324.101, and known as the natural resources and environmental protection act.

(d) "Act 181" means 1963 PA 181, MCL 480.14, and known as the motor carrier safety act.

(e) "Act 207" means 1941 PA 207, MCL 29.1, and known as the fire prevention code.

(f) "Act 218" means sections 3101 and 3102 of 1956 PA 218, MCL 500.3101 and 500.3102, and known as the insurance code of 1956.

(g) "Act 236" means 1961 PA 236, MCL 600.101, and known as the revised judicature act. "Act 300" means 1949 PA 300, MCL 257.1, and known as the Michigan vehicle code.

(i) "Act 306" means 1969 PA 306, MCL 24.201, and known as the administrative procedures act of 1969.

(j) "Act 368" means 1978 PA 368, MCL 333.1101, and known as the public health code.

(k) "Act 399" means 1976 PA 399, MCL 325.1001, and known as the safe drinking water act.

(l) "Active life" means the period from the initial receipt of hazardous waste at a facility until the director receives certification of final closure.

(m) "Active portion" means that portion of a facility where treatment, storage, or disposal operations are being, or have been, conducted after November 19, 1980, and which is not a closed portion. (See also "closed portion" and "inactive portion")

(n) "Active range" means a military range that is currently in service and being regularly used for range activities.

(o) "Administrator" means the administrator of the EPA or the administrator's designee.

(p) "Agent," when used in conjunction with the term United States importer, means an employee of the United States importer or a legally recognized representative of the United States importer who has been authorized in a lawfully executed written document, such as a power of attorney, to act on the United States importer's behalf.

(q) "Agreement state" means a state that has entered into an agreement with the NRC under subsection 274b of the atomic energy act of 1954, as amended, to assume responsibility for regulating within its borders byproduct, source, or special nuclear material in quantities not sufficient to form a critical mass.

(r) "Ancillary equipment" means any device, including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to storage or treatment tanks, between hazardous waste storage and treatment tanks to a point of disposal on-site, or to a point of shipment for disposal off-site.

(s) "Aquifer" means a geologic formation, group of formations, or part of a formation that is capable of yielding a significant amount of groundwater to wells or springs.

(t) "Associated organic chemical manufacturing facility" means a facility that meets all of the following requirements:

(i) The primary SIC code at the facility is 2869 but operations may also include SIC codes 2821, 2822, and 2865.

(ii) The facility is physically co-located with a petroleum refinery.

(iii) The petroleum refinery to which the oil that is being recycled is returned also provides hydrocarbon feedstocks to the facility.

(u) "ASTM" means the American society for testing and materials.

(v) "Authorized representative" means the person who is responsible for the overall operation of a facility or an operational unit, such as the plant manager, superintendent, or person who has equivalent responsibilities.

(w) "Battery" means a device which consists of 1 or more electrically connected electrochemical cells and which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system that consists of an anode, a cathode, an electrolyte, and any such connections that are needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

(x) "Boiler" means an enclosed device which uses controlled flame combustion and which is either determined by the director to be a boiler based on the standards and procedures set forth in 40 C.F.R.

§§260.32 and 260.33, which are adopted by reference in R 299.11003, or which is in compliance with all of the following characteristics:

The unit shall have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases.

(ii) The unit's combustion chamber and primary energy recovery section or sections shall be of an integral design. To be of an integral design, the combustion chamber and the primary energy recovery section or sections, such as waterwalls and superheaters, shall be physically formed into 1 manufactured

or assembled unit. A unit in which the combustion chamber and the primary energy recovery section or sections are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment, such as economizers or air preheaters, need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of an integral design:

(A) Process heaters or units that transfer energy directly to a process stream.

(B) Fluidized bed combustion units.

(iii) While in operation, the unit shall maintain a thermal energy recovery efficiency of not less than 60% calculated in terms of the recovered energy compared with the thermal value of the fuel.

(iv) The unit shall export and utilize not less than 75% of the recovered energy calculated on an annual basis. In this calculation, credit shall not be given for recovered heat that is used internally in the same unit, such as for the preheating of fuel or combustion air and for the driving of induced or forced draft fans or feedwater pumps.

(y) "Burner" means an owner or operator of a facility that burns either used oil fuel or hazardous waste fuel.

(z) "By-product" means a material which is not one of the primary products of a production process and which is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a coproduct which is produced for the general public's use and which is ordinarily used in the form in which it is produced by the process.

R 299.9102 Definitions; C, D.

Rule 102. As used in these rules:

(a) "Carbon regeneration unit" means an enclosed thermal treatment device used to regenerate spent activated carbon.

(b) "CERCLA" means the comprehensive environmental response compensation and liability act of 1980, as amended, 42 U.S.C. §9601 et seq.

(d) "Certified delivery" means certified mail with return receipt requested, or equivalent courier service or other means, that provides the sender with a receipt confirming delivery.

(e) "C.F.R." means the Code of Federal Regulations.

(f) "Chemical agents and munitions" means chemical agents and munitions as defined in 50 U.S.C. section 1521(j)(1).

(g) "Closed portion" means the portion of a facility that an owner or operator has closed pursuant to the approved facility closure plan and all applicable closure requirements. (See also "active portion" and "inactive portion.")

(h) "Combustion zone" means the portion of the internal capacity of an incinerator where the gas temperatures of the materials being burned are within 100 degrees Celsius of the specified operating temperature.

(i) "Commingling" means the transfer of hazardous wastes between containers or vehicles by a transporter during the course of transportation that results in the waste being mixed or repackaged.

(j) "Component" means either the tank or the ancillary equipment of a tank system.

(k) "Confined aquifer" means an aquifer that is bounded above and below by impermeable beds or by beds that have a distinctly lower permeability than that of the aquifer itself. It is an aquifer that contains confined groundwater.

(l) "Consignee" means the ultimate treatment, storage, or disposal facility in a receiving country to which the hazardous waste will be sent.

(m) "Consolidation" means the transfer of containers of hazardous wastes between transport vehicles by a transporter during the course of transportation without the containers holding the wastes being opened and without the wastes being repackaged.

(n) "Constituent" or "hazardous waste constituent" means a constituent that caused the administrator to list the hazardous waste in 40 C.F.R. part 261, subpart D, a constituent that is listed in table l of 40 C.F.R. §261.24, or a constituent that is listed in table 201, 202, or 205 of these rules.

(o) "Construction permit" means a permit which is issued pursuant to part 111 of the act and which is for the construction of a treatment, storage, or disposal facility.

(p) "Consumer electronics" means devices operated by electricity that contain circuit boards, many of which are commonly found in homes and offices. Examples of consumer electronics include computers, telephones, and printers.

(q) "Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

(r) "Contingency plan" means a document that sets out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents that could threaten human health or the environment.

(s) "Corrective action management unit" or "CAMU" means an area within a facility that is used only for managing remediation waste, in the case of grandfathered corrective action management units, or corrective action management unit-eligible waste, as further explained in R 299.9635(2) and (3), in implementing corrective action or cleanup at the facility.

(t) "Corrective action management unit-eligible waste" or "CAMU-eligible waste" means all wastes and hazardous wastes and all media, including groundwater, surface water, soils, sediments, and debris, that are managed for implementing cleanup. As-generated wastes from ongoing industrial operations at a site are not CAMU-eligible. Notwithstanding this subrule and where appropriate, as-generated non- hazardous waste may be placed in a corrective action management unit if the waste is being used to facilitate treatment or the performance of the corrective action management unit. Wastes that would otherwise meet the definition of a CAMU-eligible waste are not CAMU-eligible wastes if either of the following apply:

(i) If the wastes are hazardous wastes found during a cleanup in intact or substantially intact containers, tanks, or other non-land-based units found above ground, unless the wastes are first placed in the tanks, containers or non-land-based units as part of the cleanup, or the containers or tanks are excavated during the course of the cleanup.

(ii) If the director, or the director's designee, uses the authority in R 299.9635 to prohibit the wastes from management in a corrective action management unit.

"Corrosion expert" means a person who, by reason of his or her knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person shall be certified as being qualified by the national association of corrosion engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.

(v) "Designated facility" means a hazardous waste treatment, storage, or disposal facility which has received a permit or has interim status pursuant to title II of the solid waste disposal act; which has a license, permit, or interim status from a state that is authorized pursuant to section 3006 of title II of the solid waste disposal act, which, if located in Michigan, has an operating license that is issued pursuant to part 111 of the act, has a legally binding agreement with the director that authorizes operation, or is subject to the requirements of section 23(4) and (5) of part 111 of the act; or which is regulated pursuant to R 299.9206(1)(c) or R 299.9803; and which has been designated on the manifest by the generator

pursuant to R 299.9304. If the waste is destined for a facility in an authorized state that has not yet obtained authorization to regulate the particular waste as hazardous, then the designated facility shall be a facility that is allowed by the receiving state to accept the waste.

(w) "Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except for the management activities described in 40 C.F.R. §§273.13(a) and (c) and 273.33(a) and (c). A facility at which a particular category of universal waste is only accumulated is not a destination facility for purposes of managing that category of universal waste.

(x) "Dike" means an embankment or ridge which consists of either natural or man-made materials and which is used to prevent the movement of liquids, sludges, solids, or other materials.

(y) "Dioxins and furans (D/F)" means tetra, penta, hexa, hepta, and octa-chlorinated dibenzo dioxins and furans.

(z) "Director" means the director of the department of environmental quality.

(aa) "Discharge" or "hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.

(bb) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on land or water in such manner that the hazardous waste or a constituent of the hazardous waste might enter the environment, be emitted into the air, or discharged into water, including groundwater.

(cc) "Disposal facility" means a facility or a part of a facility at which hazardous waste, as defined by these rules, is intentionally placed into or on any land or water and at which hazardous waste will remain after closure. The term "disposal facility" does not include a corrective action management unit into which remediation wastes are placed.

(dd) "Displacement" means the relative movement of any two sides of a fault measured in any direction. (ee) "DOD" means the United States department of defense.

(ff) "DOT" means the United States department of transportation.

(gg) "Do-it-yourselfer used oil collection center" means any site or facility that accepts or aggregates and stores used oil collected only from household do-it-yourselfers.

(hh) "Drip pad" means an engineered structure which consists of a curbed, free-draining base, which is constructed of nonearthen materials, and which is designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

R 299.9103 Definitions; E, F.

Rule 103. As used in these rules:

(a) "Electric lamp" means the bulb or tube portion of a lighting device specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infrared regions of the electromagnetic spectrum. Examples of common electric lamps include incandescent, fluorescent, high intensity discharge, sodium vapor, mercury vapor, and neon lamps.

"Element" means any part of a unit or any group of parts of a unit that are assembled to perform a specific function, for example, a pump seal, pump, kiln liner, or kiln thermocouple.

(i) Is used for neutralizing wastes that are hazardous wastes only because they exhibit the corrosivity characteristic defined in R 299.9212 or are listed in R 299.9213 or R 299.9214 only because they exhibit the corrosivity characteristic.

(ii) Is in compliance with the definition of "tank," "tank system," "container," "transport vehicle," or "vessel" as specified in this part.

(d) "Eligible NARM waste" means NARM waste that is eligible for the transportation and disposal conditional exemption outlined in R 299.9823 of the rules. It is a NARM waste that contains hazardous waste, meets the waste acceptance criteria of, and is allowed by state NARM regulations to be disposed of at a low-level radioactive waste disposal facility licensed pursuant to 10 C.F.R. part 61 or NRC agreement state equivalent regulations.

(e) "Enforceable document" means an order, a plan, or other document issued by the department either in place of an operating license for the postclosure period, or as a source of alternative requirements for hazardous waste management units, as provided under these rules. An enforceable document may include, but is not limited to, a corrective action order under part 111 of the act, a CERCLA remedy, or a closure or postclosure plan. An enforceable document shall be issued under an authority that has available all of the following remedies:

(i) The authority to sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of the requirements of these documents.

(ii) The authority to compel compliance with the requirements for corrective action or other emergency response measures deemed necessary to protect human health and the environment.

(iii) The authority to access or sue to recover in court civil penalties, including fines, for violations of the requirements of these documents.

(f) "EPA" means the United States environmental protection agency.

(g) "EPA acknowledgment of consent" means the cable that is sent to EPA from the United States embassy in a receiving country which acknowledges the written consent of the receiving country to accept the hazardous waste and which describes the terms and conditions of the receiving country's consent to the shipment.

(h) "EPA region" means the states and territories found in any of the 10 EPA regions identified in 40 C.F.R. §260.10.

(i) "Equivalent method" means any testing or analytical method that is approved by the director pursuant to R 299.9215.

(j) "Excluded scrap metal" means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

(k) "Exempted radioactive waste" means a waste that meets the eligibility criteria and all of the conditions in R 299.9822, or meets the eligibility criteria and complies with all of the conditions in R 299.9823. Such waste is conditionally exempted from the regulatory definition of hazardous waste in R 299.9203.

(l) "Existing facility" means a treatment, storage, or disposal facility that either received all necessary state-issued environmental construction or operating permits before January 1, 1980, or for which approval of construction has been received from the air pollution control commission before November 19, 1980. Existing facilities also include those treatment, storage, or disposal facilities which were operating before January 1, 1980, under existing authority and which did not require state-issued environmental construction or operating permits.

(m) "Existing portion" means the land surface area of an existing waste management unit previously authorized and included in the original part A permit application to the EPA on which wastes have been placed before the issuance of a permit pursuant to RCRA or an operating license pursuant to these rules, whichever is sooner.

(n) "Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced, on or before July 14, 1986. Installation shall be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either of the following provisions applies:

(i) A continuous on-site physical construction or installation program has begun.

(ii) The owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for physical construction of the site of installation of the tank system to be completed within a reasonable time.

(o) "Explosives or munitions emergency" means a situation involving the suspected or detected presence of unexploded ordnance, damaged or deteriorated explosives or munitions, an improvised explosive device, other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency specialist to control, mitigate, or eliminate the threat.

(p) "Explosives or munitions emergency response" means all immediate response activities by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance shall not terminate the explosives or munitions emergency. Explosives and munitions emergency responses may occur on either public or private lands and are not limited to responses at RCRA facilities.

(q) "Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include DOD emergency explosive ordnance disposal, technical escort unit, and DOD-certified civilian or contractor personnel; and other federal, state, or local government or civilian personnel similarly trained in explosives or munitions emergency responses.

(r) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units, such as 1 or more landfills or surface impoundments, or combinations of operational units. For the purpose of implementing corrective action under part 111 of the act, "facility" shall include all contiguous property under the control of the owner or operator. Notwithstanding the definition of the term "facility" as it relates to corrective action, a remediation waste management site is not a facility that is subject to corrective action under R 299.9629, but is subject to the corrective action requirements of part 111 of the act and these rules if the site is located within such a facility.

(s) "Facility mailing list" means the mailing list for a facility that is maintained by the department pursuant to 40 C.F.R. §124.10I(1)(ix).

(t) "Fault" means a fracture along which rocks on 1 side have been displaced with respect to rocks on the other side.

(u) "Federal agency" means any department, agency, or other instrumentality of the federal government; any independent agency or establishment of the federal government, including any government corporation; and the United States government printing office.

(v) "Federal clean air act" means Public Law 95-95, 42 U.S.C. §1857 et seq.

(w) "Federal clean water act" means Public Law 92-500, 33 U.S.C. §1251 et seq.

(x) "Federal hazardous materials transportation act" means Public Law 93-633, 49 U.S.C. §1801 et seq.

(y) "Federal insecticide, fungicide, and rodenticide act" means 7 U.S.C. §§136 to 136y.

(yz) "Federal resource conservation and recovery act" means Public Law 94-580, 42 U.S.C. §6901 et seq.

(aa) "Federal safe drinking water act" means Public Law 95-190, 42 U.S.C. §300f et seq.

(bb) "Final closure" means the closure of all hazardous waste management units at the facility pursuant to all applicable closure requirements so that hazardous waste management activities pursuant to parts 5 and 6 of these rules are no longer conducted at the facility, unless the activities are subject to R 299.9306.

(cc) "Flood" means a flood that has a 1% chance of being equalled or exceeded in any given year.

(dd) "Floodplain" means any land area that is subject to a 1% or greater chance of flooding in any given year from any source.

(ee) "Food chain crops" means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.

(ff) "Freeboard" means the vertical distance between the top of a tank or surface impoundment dike and the surface of the waste contained in the tank or surface impoundment dike.

(gg) "Free liquids" means liquids that readily separate from the solid portion of a waste at ambient temperature and pressure.

(hh) "Fugitive emissions" means air contaminant emissions that emanate from non-point emission sources or sources other than stacks, ducts, or vents.

(ii) "Functionally equivalent element" means an element which performs the same function or measurement and which meets or exceeds the performance specifications of another element.

R 299.9105 Definitions; L to N.

Rule 105. As used in these rules:

(a) "Land disposal" means placement in or on the land and includes, but is not limited to, placement in any of the following:

(i) A landfill.

(ii) A surface impoundment.

(iii) A waste pile.

(iv) An injection well.

(v) A land treatment facility.

(vi) A salt dome formation.

(vii) A salt bed formation.

(viii) An underground mine or cave.

(ix) A concrete vault or bunker intended for disposal purposes.

The term also means placement in or on the land by means of open detonation and open burning where the residues continue to exhibit 1 or more of the characteristics of hazardous waste. The term "land disposal" does not include ocean disposal.

(b) "Land disposal restriction treatment standards" means the treatment standards under 40 C.F.R. part 268 that a hazardous waste shall meet.

(c) "Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land. The term does not include any of the following:

(i) A pile.

(ii) A land treatment facility.

(iii) A surface impoundment.

(iv) An underground injection well.

(v) A salt dome formation.

(vi) A salt bed formation.

(vii) An underground mine or cave.

(viii) A corrective action management unit.

(d) "Landfill cell" means a discrete volume of a hazardous waste landfill that uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.

(e) "Land treatment facility" means a treatment facility or part of a treatment facility at which hazardous waste is applied onto or incorporated into the soil surface. Such facilities are disposal facilities if the waste will remain after closure.

(f) "Leachate" means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

(g) "Leak detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system shall employ operational controls, such as daily visual inspections for releases into the secondary containment system or aboveground tanks, or consist of an interstitial monitoring device designed to continuously and automatically detect the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.

(h) "Lift" means a layer of placed materials, including a layer of compacted clay in a landfill liner or cap, or a layer of waste in a landfill.

(i) "Liner" means a continuous layer of natural or man-made materials beneath or on the sides of a surface impoundment, landfill, or landfill cell that restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

(j) "Low-level mixed waste" or "LLMW" means a waste that contains both LLRW and hazardous waste.

(k) "Low-level radioactive waste" or "LLRW" means a radioactive waste which contains source, special nuclear, or byproduct materials, and which is not classified high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct materials as defined in section 11.e(2) of the atomic energy act of 1954, as amended.

(l) "Management" or "hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste.

(m) "Manifest" means the shipping document which is originated and signed by the generator and which contains the information required by R 299.9304.

(n) "Manifest document number" means the site 2-digit identification number assigned to the generator and a unique 5-digit document number assigned to the manifest by the generator for recording and reporting purposes.

(o) "Method of treatment or disposal" means 1 of the major categories of treatment or disposal used for hazardous waste, including any of the following:

(i) Landfill.

(ii) Land treatment.

(iii) Thermal treatment.

(iv) Chemical treatment.

(v) Physical treatment.

(vi) Biological treatment.

(p) "Military" means the DOD, the armed services, coast guard, national guard, department of energy or other parties under contract or acting as agent for any of the parties, who handle military munitions.

(q) "Military munitions" means all ammunition products and components produced or used by or for the DOD or the United States armed services for national defense and security, including military munitions under the control of the DOD, the United States coast guard, the United States department of energy, and national guard personnel. The term military munitions includes any of the following: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control

agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunitions, small arms ammunitions, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolitions charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term military munitions does include nonnuclear components of nuclear devices, managed under the department of energy's nuclear weapons program after all required sanitization operations under the atomic energy act of 1954, as amended, have been compiled.

(r) "Military range" means designated land and water areas set aside, managed, and used to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems, or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas.

(s) "Mining overburden returned to the mine site" means any material overlying an economic mineral deposit that is removed to gain access to the deposit and is then used for reclamation of a surface mine.

(t) "Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of. The term does not include any of the following:

(i) A container.

(ii) A tank.

(iii) A surface impoundment.

(iv) A pile.

(v) A land treatment unit.

(vi) A landfill.

(vii) An incinerator.

(viii) A boiler.

(ix) An industrial furnace.

(x) An underground injection well with appropriate technical standards pursuant to 40 C.F.R. part 146.

(xi) A unit that is eligible for a temporary operating license for research pursuant to R 299.9501.

(xii) A corrective action management unit.

(xiii) A staging pile.

(u) "Movement" means that hazardous waste transported to a facility in an individual vehicle.

(v) "Mixed waste" means a waste that contains both hazardous waste and source, special nuclear, or byproduct material subject to the atomic energy act of 1954, as amended.

(w) "Naturally occurring and/or accelerator-produced radioactive material" or "NARM" means radioactive material that is regulated by a state under state law, or by the United States department of energy, as authorized by the atomic energy act of 1954, as amended, under department of energy orders, and meets either of the following requirements:

(i) Is radioactive material that is naturally occurring and is not source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended.

(ii) Is radioactive material that is produced by an accelerator.

(x) "New tank system" or "new tank component" means a tank system or component that will be used for the storage or treatment of hazardous waste and for which installation has commenced after July 14, 1986. For purposes of 40 C.F.R. §§264.193(g)(2) and 265.193(g)(2), a new tank system is one for which construction commences after July 14, 1986.

(y) "NFPA" means the national fire protection association.

(z) "NRC" means the United States nuclear regulatory commission.

(aa) "NRC license" or "NRC agreement state license" means a license issued by the NRC, or NRC agreement state, to users that manage radionuclides regulated by the NRC, or NRC agreement states, under the authority of the atomic energy act of 1954, as amended.

R 299.9106 Definitions; O to Q.

Rule 106. As used in these rules:

(a) "On-ground tank" means a device which satisfies the definition of “tank” in R 299.9108(a) and which is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.

(b) "On-site" means on the same or geographically contiguous property which may be divided by a public or private right-of-way if the entrance and exit between the pieces of property are at a crossroads intersection and access is by crossing, rather than going along, the right-of-way. Noncontiguous pieces of property owned by the same person but connected by a right of way which the owner controls and to which the public does not have access is also considered on-site property.

(c) "On-site treatment facility" means a facility which is for the treatment of hazardous waste in tanks or containers, which is located on the site of generation of the wastes, and which does not do either of the following:

(i) Include equipment for incineration.

(ii) Accept hazardous wastes from other generators.

(d) "Open burning" means the combustion of any material without any of the following characteristics:

(i) Control of combustion air to maintain adequate temperature for efficient combustion.

(ii) Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion.

(iii) Control of the emission of the gaseous combustion products. (See also "incineration" and "thermal treatment.")

(e) "Operating license" means a license to operate a treatment, storage, or disposal facility pursuant to the authority of part 111 of the act.

(f) "Operator" means the person responsible for the overall operation of a facility.

(g) "Owner" means the person who owns a treatment, storage, or disposal facility, or part of such a facility, including the titleholder of the land on which the facility is located.

(h) "Partial closure" means the closure of a hazardous waste management unit pursuant to the applicable closure requirements of 40 C.F.R. part 265 and part 6 of these rules at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank, including its associated piping and underlying containment systems, a landfill cell, surface impoundment, waste pile, or other hazardous waste management units while other units of the same facility continue to operate.

(i) "Person" means any of the following entities:

(i) An individual.

(ii) A partnership.

(iii) The state.

(iv) A trust.

(v) A firm.

(vi) A joint stock company.

(vii) A federal agency.

(viii) A corporation, including a government corporation.

(ix) An association.

(x) A municipality.

(xi) A commission.

(xii) A political subdivision of a state.

(xiii) Any interstate body.

(xiv) Any other public body created by or pursuant to state law.

(j) "Personnel" or "facility personnel" means all persons who work at, or oversee the operations of, a hazardous waste facility and whose actions or failure to act might result in noncompliance with part 111 of the act or these rules.

(k) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that meets any of the following criteria:

(i) Is a new animal drug under section 201(w) of the federal food, drug, and cosmetic act of 1938, as amended, 21 U.S.C. §301 et seq.

(ii) Is an animal drug that has been determined by regulation of the secretary of health and human services not to be a new animal drug.

(iii) Is an animal feed under section 201(x) of the federal food, drug, and cosmetic act of 1938, as amended, 21 U.S.C. §301 et seq. that bears or contains any substances identified in paragraph (i) or (ii) of this subdivision.

(l) "Petrochemical recovered oil" means oil that has been reclaimed from secondary materials from normal organic chemical manufacturing processes and oil recovered from organic chemical manufacturing processes.

(m) "Petroleum refining facility" means an establishment that is primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking, or other processes.

(n) "Pharmaceutical" means a drug intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention of disease in humans or animals.

(o) "Pile" means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage.

(p) "Plasma arc incinerator" means any enclosed device which uses a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.

(q) "Point source" means any discernible, confined, and discrete conveyance, including any of the following from which pollutants are or might be discharged:

(i) A pipe.

(ii) A ditch.

(iii) A channel.

(iv) A tunnel.

(v) A conduit.

(vi) A well.

(vii) A discrete fissure.

(viii) A container.

(ix) Rolling stock.

(x) A concentrated animal feeding operation.

(xi) A vessel or other floating craft.

This term does not include return flows from irrigated agriculture.

(r) "Primary exporter" means any person who is required to originate the manifest for a shipment of hazardous waste pursuant to R 299.9304, which specifies a treatment, storage, or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.

(s) "Primary monitoring parameter" means indicator parameters, for example, specific conductance, total organic carbon, or total organic halogen; hazardous waste constituents; or reaction products which provide a reliable indication of the presence of hazardous constituents in groundwater and which, when specified in a facility operating license, are subject to all of the requirements of 40 C.F.R. part 264, subpart F.

(t) "Processed scrap metal" means scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to, scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type and fines, drosses, and related materials which have been agglomerated. Shredded circuit boards being sent for recycling are not considered processed scrap and are covered under the exclusion from the definition of waste for shredded circuit boards that are being recycled in R 299.9204.

(u) "Processing" means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes all of the following:

(i) Blending used oil with virgin petroleum products.

(ii) Blending used oils to meet fuel specifications.

(iii) Filtration.

(iv) Simple distillation.

(v) Chemical or physical separation.

(vi) Re-refining.

(v) "Prompt scrap metal" means scrap metal as generated by the metal working and fabrication industries. Prompt scrap metal, which is also known as “industrial” or “new” scrap metal, includes all of the following:

(i) Turnings.

(ii) Cuttings.

(iii) Punchings.

(iv) Borings.

(w) "Publicly owned treatment works", known as "POTW," means any device or system which is used in the treatment, including recycling and reclamation, of municipal sewage or industrial wastes of a liquid nature and which is owned by a "state" or "municipality," as defined by section 502(4) of the federal clean water act. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

(x) "Qualified groundwater scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering, and has sufficient training and experience in groundwater hydrology and related fields as may be demonstrated by state registration, professional certifications, or completions of accredited university courses that enable that individual to make sound professional judgments regarding groundwater monitoring and contaminant fate and transport.

R 299.9107 Definitions; R, S.

Rule 107. As used in these rules:

(a) "RCRA" means the solid waste disposal act, as amended by the resource conservation and recovery act of 1976, as amended, 42 U.S.C. §6901 et seq.

(b) "Reclamation" means either processing to recover a usable product or regeneration, such as in the recovery of lead values from spent batteries and the regeneration of spent solvents.

(c) "Recreational property" means all lands that are predominately intended to provide outdoor recreational activities under the control and operation of a governmental agency, such as outdoor parks, preserves, campgrounds, and wildlife refuges.

(d) "Recycle" means use, reuse, or reclamation. Material is "used" or "reused" if it is either of the following:

(i) Employed as an ingredient in an industrial process to make a product, unless distinct components of the material are recovered as separate end products, such as when metals are recovered from metal-containing secondary materials.

(ii) Employed in a particular function or application as an effective substitute for a commercial product, such as spent pickle liquor used as phosphorus precipitant and sludge conditioner in wastewater treatment.

(e) "Recyclable material" means hazardous waste that is recycled.

(f) "Re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.

(g) "Regional administrator" means the regional administrator or his or her designee for the EPA region in which the facility is located.

(h) "Regulated unit" means a surface impoundment, waste pile, land treatment unit, or landfill that received hazardous waste after July 26, 1982.

(i) "Remedial action plan" or "RAP" means a special form of an operating license that a facility owner or operator may obtain instead of a construction permit or operating license issued pursuant to part 5 of these rules. The RAP shall authorize the treatment, storage, or disposal of hazardous remediation waste at a remediation waste management site.

(j) "Remediation waste" means all wastes and hazardous wastes, and all media, including groundwater, surface water, soils, and sediments, and debris, that are managed for implementing cleanup.

(k) "Remediation waste management site" means a facility where an owner or operator is or will be treating, storing, or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under R 299.9629, but is subject to the corrective action requirements of part 111 of the act and these rules if the site is located in such a facility.

(l) "Representative sample" means a sample of a universe or whole that can be expected to exhibit the average properties of the universe or whole.

(m) "Retention time" means the minimum time hazardous waste is subjected continuously to a required combustion zone temperature in an incinerator.

(n) "Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

(o) "Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

(p) "Saturated zone" or "zone of saturation" means that part of the earth's crust in which all voids are filled with water.

(q) "Scrap metal" means bits and pieces of metal parts, such as bars, turnings, rods, sheets, wire, or metal pieces, which may be combined together with bolts or by soldering, such as radiators, scrap automobiles, and railroad car boxes, and which, when worn or superfluous, may be recycled.

(r) "Secondary monitoring parameter" means ions such as calcium, sodium, magnesium, iron, chloride, sulfate, bicarbonate, and carbonate; waste constituents; reaction products; or other parameters which provide an indication of the presence of hazardous constituents in groundwater and which are not subject to the requirements of 40 C.F.R. part 264, subpart F.

(s) "Site identification number" means the number that is assigned by the EPA or the EPA's designee to each generator, transporter, and treatment, storage, or disposal facility. If a generator, transporter, or

treatment, storage, or disposal facility manages wastes that are hazardous pursuant to these rules, but are not hazardous pursuant to RCRA, then "site identification number" shall mean an equivalent number that is assigned by the director.

(t) "Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant.

(u) "Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 BTU per pound of sludge treated on a wet-weight basis.

(v) "Small quantity generator" means a generator who generates less than 1,000 kilograms of hazardous waste in a calendar month.

(w) "Sole source aquifer" means an aquifer designated pursuant to section 1424(e) of the federal safe drinking water act.

(x) "Sorb" means to adsorb or absorb, or both.

(y) "Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both.

(z) "Speculative accumulation" means accumulation before recycle. A material is not accumulated speculatively, however, if the person accumulating the material shows that both of the following requirements are met:

(i) That the material is potentially recyclable and has a feasible means of being recycled.

(ii) That during the calendar year commencing on January 1, the amount of material that is recycled or transferred to a different site for recycling equals not less than 75% by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the 75% requirement is to be applied to each material of the same type that is recycled in the same way. Materials accumulating in units which would be exempt from regulation under R 299.9204(3)(a) or which are already defined as wastes shall not be included in making the calculation. Materials are no longer in this category once they are removed from accumulation for recycling.

(aa) "Spent material" means any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.

(bb) "Staging pile" means an accumulation of solid, non-flowing remediation waste that is not a containment building and that is used only during remedial operations for temporary storage at a facility. Staging piles shall be designated by the director pursuant to R 299.9638.

(cc) "State" means any of the following:

(i) The several states.

(ii) The District of Columbia.

(iii) The Commonwealth of Puerto Rico.

(iv) The Virgin Islands.

(v) Guam.

(vi) American Samoa.

(vii) The Commonwealth of the Northern Mariana Islands.

(dd) "Storage" means the holding of hazardous waste for a temporary period at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.

(ee) "Sump" means any pit or reservoir which satisfies the definition of "tank" in R 299.9108(a) and those troughs or trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities. When used in conjunction with the regulation of a landfill, surface impoundment, and waste pile, a sump means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for later removal from the system.

(ff) "Surface impoundment" or "impoundment" means a treatment, storage, or disposal facility or part of a treatment, storage, or disposal facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials, although it may be lined with man-made materials, which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling and aeration pits, ponds, and lagoons.

(gg) "Surface water" means a body of water whose top surface is exposed to the atmosphere and includes the Great Lakes, their connecting waters, all inland lakes and ponds, rivers and streams, impoundments, open drains, and other watercourses, except for drainage ways and ponds used solely for wastewater conveyance, treatment, or control.

R 299.9109 Definitions; U to Z.

Rule 109. As used in these rules:

(a) "Underground injection" or "well injection" means the subsurface emplacement of fluids through a bored, drilled, or driven well or through a dug well where the depth of the dug well is greater than the largest surface dimension.

(b) "Underground tank" means a device which satisfies the definition of "tank" specified in R 299.9108(a) and which has its entire surface area below the surface of, and covered by, the ground.

(c) "Unexploded ordnance” means military munitions that have been primed, fused, armed, or otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installation, personnel, or material and remain unexploded either by malfunction, design, or any other cause.

(d) "Unfit for use tank system" means a tank system that has been determined, through an integrity assessment or other inspection, to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.

(e) "United States" means any of the following:

(i) The 50 states.

(ii) The District of Columbia.

(iii) The Commonwealth of Puerto Rico.

(iv) The United States Virgin Islands.

(v) Guam.

(vi) American Samoa.

(vii) The Commonwealth of the Northern Mariana Islands.

(f) "United States importer" means a person who has lawfully recognized resident status within the United States and who brings in, or arranges for the entry of, a shipment of hazardous waste into the United States from a foreign country. A United States importer may be any of the following persons:

(i) The person who is liable for primary payment of any United States customs duties on the hazardous waste.

(ii) An agent as defined in R 299.9101.

(iii) The treatment, storage, or disposal facility designated on the manifest.

(iv) The importer of record as designated on the United States customs entry documents.

(v) The transporter who carries the hazardous waste at the point of entry.

(vi) The consignee.

(g) "Universal waste" means any of the hazardous wastes that are identified in R 299.9228(1) and managed pursuant to the provisions of R 299.9228.

(h) "Universal waste handler" means a generator of universal waste or the owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste

handlers, accumulates universal waste, and sends universal waste to another universal waste handler, a destination facility, or a foreign destination. The term universal waste handler does not include either of the following:

(i) A person who treats, disposes of, or recycles universal waste, except as provided for in 40 C.F.R. §273.13(a) or (c) or §273.33(a) or (c).

(ii) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.

(i) "Universal waste large quantity handler" means a universal waste handler who accumulates 5,000 kilograms or more total of universal waste at any time.

(j) "Universal waste small quantity handler" means a universal waste handler who does not accumulate 5,000 kilograms or more total of universal waste at any time.

(k) "Universal waste transfer facility" means any transportation-related facility, including loading docks, parking areas, storage areas, and other similar areas, where shipments of universal waste are held during the normal course of transportation for 10 days or less.

(l) "Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

(m) "Unsaturated zone" or "zone of aeration" means the zone between the land surface and the water table.

(n) "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer and includes lower aquifers that are hydraulically interconnected with the aquifer within the facility's property boundary.

(o) "U.S.C." means the United States Code.

(p) "Used oil" means any oil which has been refined from crude oil, or any synthetic oil, which has been used and which as a result of the use, is contaminated by physical or chemical impurities.

(q) "Used oil aboveground tank" means a tank which is used to store or process used oil and which is not an underground storage tank as defined in 40 C.F.R. §280.12.

(r) "Used oil aggregation point" means any site or facility that accepts, aggregates, and/or stores used oil that is collected only from other used oil generation sites owned or operated by the same owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of not more than 55 gallons. Used oil aggregation points may also accept used oil from household do-it-yourselfers.

(s) "Used oil burner" means a facility where off-specification used oil, as defined in R 299.9809(1)(f), is burned for energy recovery in the devices identified in R 299.9814.

(t) "Used oil collection center" means any site or facility that has provided written notification of used oil management activities to the department and that accepts or aggregates and stores used oil collected from either of the following:

(i) Used oil generators regulated pursuant to the provisions of R 299.9810 who transport used oil to the collection center in shipments of not more than 55 gallons under the provisions of 40 C.F.R. §279.24.

(ii) Household do-it-yourselfers.

(u) "Used oil existing tank" means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced, on or before the effective date of the amendments to these rules that establish the state's used oil program under RCRA. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the tank and if either of the following provisions applies:

(v) A continuous on-site physical installation program has begun.

(ii) The owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for installation of the tank system to be completed within a reasonable time.

(v) "Used oil fuel" means any fuel that is produced from used oil through processing, blending, or other treatment.

(w) "Used oil fuel marketer" means any person who conducts either of the following activities:

(i) Directs a shipment of off-specification used oil from his or her facility to a used oil burner.

(ii) First claims that the used oil which is to be burned for energy recovery meets the used oil specifications set forth in R 299.9809(1)(f).

(x) "Used oil generator" means any person, by site, whose act or process produces used oil or whose act first causes the used oil to become subject to regulation.

(y) "Used oil new tank" means a tank that is used for the storage or processing of used oil and for which installation has commenced after the effective date of amendments to these rules that establish the state's used oil program under RCRA.

(z) "Used oil processor/re-refiner" means a facility that processes used oil.

(aa) "Used oil tank" means a stationary device which is designed to contain an accumulation of used oil and which is constructed primarily of nonearthen materials, such as wood, concrete, steel, or plastic, that provide structural support.

(bb) "Used oil transfer facility" means any transportation-related facility, including loading docks, parking areas, storage areas, and other areas, where shipments of used oil are held for more than 24 hours and not more than 35 days during the normal course of transportation or before an activity performed pursuant to the provisions of R 299.9813(1) or (2). Transfer facilities that store used oil for more than 35 days are subject to regulation under R 299.9813.

(cc) "Used oil transporter" means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation, but with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation but that are not designed to produce, or make more amenable for the production of, used oil derived products or used oil fuel.

(dd) "Vehicle" means each separate conveyance used in the transportation of hazardous waste that is one of the following:

(i) A railcar as defined in 49 C.F.R. §171.8.

(ii) A semitrailer, truck, or trailer as defined in Act 300.

(iii) A truck tractor as defined in Act 300, only if the hazardous waste is actually transported in the cab of the vehicle.

(ee) "Vessel" means a watercraft that is used or is capable of being used as a means of transportation on the water.

(ff) "Washout" means the movement of hazardous waste from the active portion of the facility as a result of flooding.

(gg) "Waste" means material that is defined as waste in R 299.9202.

(hh) "Waste management area" means the limit projected in the horizontal plane of the area on which waste will be placed during the active life of a regulated unit and includes horizontal space taken up by any liner, dike, or other barrier that is designed to contain waste in a regulated unit. If the facility contains more than 1 regulated unit, then the waste management area is described by an imaginary line circumscribing the several regulated units.

(ii) "Wastewater treatment unit" means a device that satisfies all of the following requirements:

(i) Is part of a wastewater treatment facility that is subject to regulation pursuant to the provisions of either section 402 or section 307(b) of the federal clean water act.

(ii) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in R 299.9203, generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in R 299.9203, or treats or stores a wastewater treatment sludge that is a hazardous waste as defined in R 299.9203.

(iii) Meets the definition of "tank" or "tank system" specified in R 299.9108.

(jj) "Water (bulk shipment)" means the bulk transportation of hazardous waste that is loaded or carried on board a vessel without containers or labels.

(kk) "Well" means any shaft or pit which is dug or bored into the earth, which is generally of a cylindrical form, and which is often walled with bricks or tubing to prevent the earth from caving in.

(ll) "Wetland" means the areas defined as wetlands in part 303 of the act.

(mm) "Zone of engineering control" means an area which is under the control of the owner or operator and which, upon detection of a hazardous waste release, can be readily cleaned up before the release of hazardous waste or hazardous constituents to groundwater or surface water.

PART 2. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

R 299.9202 "Waste" explained.

Rule 202. (1) A waste is any discarded material that is not excluded by R 299.9204 or that is not excluded by a variance granted under R 299.9202(6) and (7). A discarded material is any material that is any of the following:

(a) A material that is abandoned by being disposed of; burned or incinerated; or accumulated, stored, or treated before or instead of being abandoned by being disposed of, burned, or incinerated.

(b) A material which is recycled, or accumulated, stored, or treated before recycling, and which meets 1 of the following criteria:

(i) It is a material listed in subrule (2) of this rule and is used in a manner constituting disposal by being either of the following:

(A) Applied to or placed on the land in a manner that constitutes disposal.

(B) Used to produce products that are applied to or are placed on the land or are otherwise contained in products that are applied to or placed on the land, in which cases the product itself remains a waste. A commercial chemical product listed in R 299.9214 is not a waste if it is applied to the land and that is its ordinary manner of use.

(ii) It is a material listed in subrule (2) of this rule and it is burned to recover energy, is used to produce a fuel, or is otherwise contained in fuels, in which cases the fuel itself remains a waste. A commercial chemical product listed in R 299.9214 is not a waste if it is itself a fuel.

(iii) It is a material listed in subrule (2)(a), (b), or (c) of this rule and it undergoes reclamation, except as provided for in R 299.9204(1)(v).

(iv) It is a material listed in subrule (2)(a), (b), (c), or (d) of this rule and it undergoes speculative accumulation.

(v) It is an inherently waste-like material, having a hazardous waste number of F020, F021, F022, F023, F026, or F028, or is another waste determined by the administrator based on both of the following criteria:

(A) The materials are ordinarily disposed of, burned, or incinerated or the materials contain toxic constituents which are listed in 40 C.F.R. part 261, appendix VIII, and which are not ordinarily found in raw materials or products for which the materials substitute or are found in raw materials or products in smaller concentrations, and which are not used or reused during the recycling process.

(B) The material might pose a substantial hazard to human health and the environment when recycled.

(vi) It is an inherently waste-like material which is a secondary material, which is fed to a halogen acid furnace, and which exhibits a characteristic of a hazardous waste or is listed as a hazardous waste pursuant to part 2 of these rules, except for brominated material that meets all of the following criteria:

(A) The material contains a bromine concentration of not less than 45%.

(B) The material contains less than a total of 1% of the toxic organic compounds listed in 40 C.F.R. part 261, appendix VIII.

(2) Any of the following materials may be wastes under subrule (1) of this rule:

(a) Spent materials.

(b) Sludges and by-products listed in R 299.9220 to R 299.9223.

(d) Sludges and by-products that exhibit a characteristic of hazardous waste.

(e) Commercial chemical products listed in R 299.9214.

(3) Except as provided in subrule (4) of these rules, materials are not wastes if they can be shown to be recycled by any of the following means:

(a) By being used or reused as ingredients in an industrial process to make a product if the materials are not being reclaimed.

(b) By being used or reused as effective substitutes for commercial products.

(c) By being returned to the original process from which they are generated without first being reclaimed or placed on the land. The material must be returned as a substitute for feedstock materials. If the original process to which the material is returned is a secondary process, then the materials must be managed so that they are not placed on the land.

In cases where the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion under R 299.9204(1)(v) apply rather than this subrule.

(4) All of the following materials are wastes, even if the recycling involves use, reuse, or return to the original process described in subrule (3) of this rule:

(a) Materials used in a manner constituting disposal or used to produce products that are applied to the land.

(b) Materials burned for energy recovery, used to produce a fuel, or contained in fuels.

(d) Inherently waste-like materials listed in subrule (1)(b)(v) and (vi) of this rule.

(5) Respondents in actions to enforce regulations implementing part 111 of the act who raise a claim that a certain material is not waste or is conditionally exempt from regulation shall demonstrate that there is a known market or disposition for the material and that the respondent meets the terms of exclusion or exemption. In doing so, the respondent shall provide appropriate documentation, such as contracts showing that a second person uses the material as an ingredient in a production process, to demonstrate that the material is not a waste or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment for recycling the materials.

(6) The director may determine, on a case-by-case basis, that the following recycled materials are not wastes:

(a) Materials that are accumulated speculatively without sufficient amounts being recycled, as defined in R 299.9107.

(b) Materials that are reclaimed and then reused within the original production process in which they were generated.

(7) The director shall use the criteria and procedures outlined in 40 C.F.R. §§260.31 and 260.33 for making determinations under subrule (6) of this rule.

(8) The provisions of 40 C.F.R. §§260.31, 260.33, 261.31, 261.32, and 261.33 are adopted by reference in R 299.11003, with the exception that the word "director" shall replace the word "regional administrator."

R 299.9203 "Hazardous waste" explained.

Rule 203. (1) A waste, as explained in R 299.9202, is a hazardous waste if it is not excluded from regulation pursuant to R 299.9204(1) or (2) and if it meets any of the following criteria:

(a) It exhibits any of the characteristics of hazardous waste identified in R 299.9212.

(b) It is listed in R 299.9213 or R 299.9214 and has not been excluded from the lists pursuant to R 299.9211.

(c) It is a mixture of a waste and 1 or more hazardous wastes that are listed in R 299.9213 or R 299.9214 and has not been excluded from this subdivision pursuant to R 299.9211 or subrules (7) or

(8) of this rule; however, mixtures of wastes and hazardous wastes that are listed in R 299.9213 and R 299.9214 are not hazardous wastes, except by application of subdivision (a) or (b) of this subrule, if the generator can demonstrate that the mixture consists of wastewater which, with respect to discharge, is subject to regulation pursuant to either section 402 or section 307(b) of the federal clean water act, including wastewater at facilities that have eliminated the discharge of wastewater, and is 1 of the following:

(i) One or more of the following spent solvents that are listed in R 299.9213, if the maximum total weekly usage of the solvents, other than the amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system is not more than 1 part per million:

(A) Carbon tetrachloride.

(B) Tetrachloroethylene.

(ii) One or more of the following spent solvents that are listed in R 299.9213, if the maximum total weekly usage of the solvents, other than the amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system is not more than 25 parts per million:

(A) Methylene chloride.

(B) 1,1,1-Trichloroethane.

(D) 0-dichlorobenzene.

(E) Cresols.

(F) Cresylic acid.

(G) Nitrobenzene.

(H) Toluene.

(I) Methyl ethyl ketone.

(J) Carbon disulfide.

(K) Isobutanol.

(L) Pyridine.

(M) Spent chlorofluorocarbon solvents.

(iii) One or more of the following wastes that are listed in R 299.9213 if the wastes are discharged to the refinery oil recovery sewer before primary oil/water/solids separation.

(A) Heat exchanger bundle cleaning sludge from the petroleum refining industry, K050.

(B) Crude oil storage tank sediment from petroleum refining operations, K169.

(D) Spent hydrotreating catalyst, K171.

(E) Spent hydrorefining catalyst, K172.

(iv) A discarded commercial chemical product, or chemical intermediate listed in R 299.9214, arising from de minimis losses of the materials from manufacturing operations in which the materials are used as raw materials or are produced in the manufacturing process. For the purpose of this paragraph, de minimis losses include any of the following:

(A) Losses from normal material handling operations, such as spills from the unloading or transfer of materials from bins or other containers or leaks from pipes, valves, or other devices that are used to transfer materials.

(B) Minor leaks of process equipment, storage tanks, or containers.

(D) Sample purgings.

(E) Relief device discharges.

(F) Discharges from safety showers and the rinsing and cleaning of personal safety equipment.

(G) Rinsate from empty containers or from containers that are rendered empty by that rinsing.

(v) Wastewater which results from laboratory operations and which contains toxic (T) wastes listed in R 299.9213 or R 299.9214 if the annualized average flow of laboratory wastewater is not more than 1% of total wastewater flow into the headworks of the facility's wastewater treatment or pretreatment system or if the wastes' combined annualized average concentration is not more than

1 part per million in the headworks of the facility's wastewater treatment or pretreatment facility. Toxic

(T) wastes which are used in laboratories and which are demonstrated not to be discharged to wastewater shall not be included in the calculation.

(vi) Wastewater from the production of carbamates and carbamoyl oximes, K157, if the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine, including all amounts that cannot be demonstrated to be reacted in the process, destroyed through treatment, or recovered, divided by the average weekly flow of process wastewater before any dilutions into the headworks of the facility's wastewater treatment system is not more than a total of

5 parts per million by weight.

(vii) Wastewater derived from the treatment of organic waste from the production of carbamates and carbamoyl oximes, K156, if the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine before any dilutions into the headworks of the facility's wastewater treatment system is not more than a total of 5 milligrams per liter.

(d) It is a mixture of a waste and a hazardous waste that meets the characteristic of severe toxicity pursuant to R 299.9212(5).

(e) It is a used oil that contains more than 1,000 parts per million total halogens. Used oil that contains more than 1,000 parts per million is presumed to be a hazardous waste and is regulated as such under part 111 of the act and these rules. A person may rebut the presumption by demonstrating that the used oil does not contain hazardous waste. The demonstration may be made by showing that the used oil does not contain significant concentrations of halogenated hazardous constituents that are listed in 40 C.F.R. part 261, appendix VIII. The rebuttable presumption rule does not apply to the following materials:

(i) Metalworking oils or fluids that contain chlorinated paraffins if the oils or fluids are processed through a tolling agreement as specified in 40 C.F.R. §279.24(c) to reclaim the oils or fluids. The rebuttable presumption does apply, however, if the oils or fluids are recycled in any other manner or are disposed of.

(ii) Used oils that are contaminated with chlorofluorocarbons which have been removed from refrigeration units if the chlorofluorocarbons are destined for reclamation. The rebuttable presumption does apply, however, if the used oils are contaminated with chlorofluorocarbons that have been mixed with used oil from sources other than refrigeration units.

(2) A waste that is not excluded from regulation pursuant to R 299.9204(1) or (2) becomes a hazardous waste when any of the following events occur:

(a) In the case of a waste that is listed in R 299.9213 or R 299.9214, when the waste first meets the listing description.

(b) In the case of a mixture of waste and one or more listed hazardous wastes or severely toxic wastes, when a waste that is hazardous pursuant to R 299.9212(5), R 299.9213, or R 299.9214 is first added to the waste.

(c) In the case of any other waste, including a waste mixture, when the waste exhibits any of the characteristics identified in R 299.9212.

(3) Unless and until it meets the criteria of subrule (5) of this rule, a hazardous waste will remain a hazardous waste, and, except as provided in subrules (4), (7), and (8) of this rule, any waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust, or leachate, but not including precipitation runoff, is a hazardous waste. Materials that are reclaimed from wastes and that are used beneficially are not wastes and hence are not hazardous wastes pursuant to this subrule, unless the reclaimed material is burned for energy recovery or used in a manner that constitutes disposal.

(4) All of the following wastes are not hazardous even though they are generated from the treatment, storage, or disposal of a hazardous waste, unless they exhibit 1 or more of the characteristics of hazardous waste:

(a) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry, as defined by standard industrial codes 331 and 332 in the office of management and budget document entitled "Standard Industrial Classification Manual."

(b) Wastes from burning any of the materials exempted from regulation by R 299.9206(3)(c) to (f).

(c) Nonwastewater residues, such as slag, which result from high temperature metals recovery processing of K061, K062, or F006 waste in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations, or industrial furnaces and which are disposed of in units regulated under part 115 of the act, if the residues are in compliance with the specified generic exclusion levels. Testing requirements shall be incorporated in a facility's waste analysis plan or generator's self-implementing waste analysis plan. At a minimum, samples of residues shall be collected and analyzed quarterly or when the process or operation generating the waste changes. A person who claims this exclusion in an enforcement action shall have the burden of proving, by clear and convincing evidence, that the material meets all of the exclusion requirements:

(i) For K061 and K062 nonwastewater high temperature metals recovery residues, the specified generic exclusion levels are as follows:

(A) Antimony, 0.10 mg/l.

(B) Arsenic, 0.50 mg/l.

(D) Beryllium, 0.010 mg/l.

(E) Cadmium, 0.050 mg/l.

(F) Chromium (total), 0.33 mg/l.

(G) Lead, 0.15 mg/l.

(H) Mercury, 0.009 mg/l.

(I) Nickel, 1.0 mg/l.

(J) Selenium, 0.16 mg/l.

(K) Silver, 0.30 mg/l.

(L) Thallium, 0.020 mg/l.

(M) Zinc, 70 mg/l.

(ii) For F006 nonwastewater high temperature metals recovery residues, the specified generic exclusion levels are as follows:

(A) Antimony, 0.10 mg/l.

(B) Arsenic, 0.50 mg/l.

(D) Beryllium, 0.010 mg/l.

(E) Cadmium, 0.050 mg/l.

(F) Chromium (total), 0.33 mg/l.

(G) Cyanide (total), 1.8 mg/kg.

(H) Lead, 0.15 mg/l.

(I) Mercury, 0.009 mg/l.

(J) Nickel, 1.0 mg/l.

(K) Selenium, 0.16 mg/l.

(L) Silver, 0.30 mg/l.

(M) Thallium, 0.020 mg/l.

(N) Zinc, 70 mg/l.

(iii) For nonwastewater residues resulting from the high temperature metals recovery processing of KO61, K062, or F006 waste which meet the generic exclusion levels specified in this subdivision and which do not exhibit any hazardous waste characteristic, and which are sent to a unit regulated under part 115 of the act, the person claiming the exclusion shall send a 1-time notification and certification to the director. The notification and certification shall be in compliance with all of the following provisions:

(A) The notification and certification shall be maintained at the facility.

(B) The notification and certification shall be updated by the person claiming the exclusion if the process or operation generating the waste changes or if the unit regulated under part 115 of the act that is receiving the waste changes. However, the director need only be notified on an annual basis, by the end of the calendar year, if a change occurs.

(1) The name and address of the unit regulated under part 115 of the act that is receiving the waste shipment.

(2) The site identification number and treatability group of the waste at the initial point of generation.

(3) The treatment standards applicable to the waste at the initial point of generation.

(D) The certification shall be signed by an authorized representative and shall include the following statement: "I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

(d) Biological treatment sludge from the treatment of organic wastes from the production of carbamates and carbamoyl oximes, K156, or wastewaters from the production of carbamates and carbamoyl oximes, K157.

(e) Catalyst inert support media separated from 1 or more of the following wastes listed in R 299.9213:

(i) Spent hydrotreating catalyst, K171.

(ii) Spent hydrorefining catalyst, K172.

(5) Any waste that is described in subrule (3) of this rule is not a hazardous waste if it is in compliance with the following criteria, as applicable:

(a) In the case of any waste, it does not exhibit any of the characteristics of hazardous waste that are identified in R 299.9212. However, a waste that exhibits a characteristic at the point of generation may still be subject to the requirements of 40 C.F.R. part 268, even if the waste does not exhibit a characteristic at the point of land disposal.

(b) In the case of a waste which is listed in R 299.9212(5), R 299.9213, or R 299.9214, which contains a waste that is listed in these rules, or which is derived from a waste that is listed in these rules, the waste also has been excluded from regulation pursuant to R 299.9211.

(6) Notwithstanding subrules (1) to (5) of this rule and if the debris, as defined in 40 C.F.R. part 268, does not exhibit a hazardous characteristic identified in R 299.9212, the following materials are not subject to regulation under part 111 of the act and these rules, except for R 299.9809 to R 299.9816:

(a) Hazardous debris that has been treated using 1 of the required extraction or destruction technologies specified in table 1 of 40 C.F.R. §268.45. A person who claims this exclusion in an enforcement action shall have the burden of proving, by clear and convincing evidence, that the material meets all of the exclusion requirements.

(b) Debris that the director, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.

(7) A hazardous waste that is listed in R 299.9213 or R 299.9214 solely because it exhibits 1 or more characteristics of ignitability, corrosivity, or reactivity, as defined under R 299.9212, is not a hazardous waste, if the waste no longer exhibits any characteristic of hazardous waste identified in R 299.9212. However, the waste remains subject to 40 C.F.R. part 268, as applicable, even if the waste no longer exhibits a characteristic at the point of land disposal. This exclusion is limited to any of the following:

(a) A mixture of a waste and a hazardous waste listed in R 299.9213 or R 299.9214 solely because it exhibits 1 or more characteristics of ignitability, corrosivity, or reactivity which is generated as a result of a cleanup conducted at the individual site of generation pursuant to part 31, part 111, part 201, part 213, or CERCLA.

(b) A waste generated from the treatment, storage, or disposal of a hazardous waste listed in R 299.9213 or R 299.9214 solely because it exhibits the characteristic of ignitability.

(c) A mixture of a waste excluded from regulation under R 299.9204(2)(h) and a hazardous waste listed in R 299.9213 or R 299.9214 solely because it exhibits 1 or more of the characteristics of ignitability, corrosivity, or reactivity which is generated as a result of a cleanup conducted at the individual site of generation pursuant to part 31, part 111, part 201, part 213, or CERCLA.

(8) Hazardous waste that contains radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of R 299.9822 and R 299.9823. This exclusion is limited to either of the following:

(a) A mixture of a waste and an eligible radioactive mixed waste.

(b) A waste generated from the treatment, storage, or disposal of an eligible radioactive mixed waste.

(9) The office of management and budget document entitled "Standard Industrial Classification Manual" is adopted by reference in R 299.11007.

R 299.9204 Exclusions.

Rule 204. (1) The following materials are not wastes for the purpose of part 111 of the act and these rules:

(a) Domestic sewage and any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment. Domestic sewage means untreated sanitary wastes that pass through a sewer system.

(b) Industrial wastewater discharges that are point source discharges subject to regulation pursuant to section 402 of the federal clean water act, as amended, except for discharges to injection wells.

(d) Source, special nuclear, or by-product material as defined by the atomic energy act of 1954, as amended, 42 U.S.C. §2011 et seq.

(e) Materials which are subjected to in-situ mining techniques and which are not removed from the ground as part of the extraction process.

(f) Pulping liquors that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless the liquors are accumulated speculatively, as defined in R 299.9107.

(g) Spent sulfuric acid that is used to produce virgin sulfuric acid, unless the spent acid is accumulated speculatively, as defined in R 299.9107.

(h) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated and where they are reused in the production process, if all of the following provisions apply:

(i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance.

(ii) The reclamation does not involve controlled flame combustion, such as occurs in boilers, industrial furnaces, or incinerators.

(iii) The secondary materials are not accumulated in such tanks for more than 12 months without being reclaimed.

(iv) The reclaimed material is not used to produce a fuel and is not used to produce products that are used in a manner that constitutes disposal.

(i) Spent wood preserving solutions which have been reclaimed and which are reused for their original intended purpose.

(j) Wastewaters from the wood preserving process which have been reclaimed and which are reused to treat wood.

(k) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, if the residue, if shipped, is shipped, in containers and is not land disposed before recovery.

(l) Oil-bearing hazardous secondary materials such as sludges, by-products, and spent materials, that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911), including distillation, catalytic cracking, fractionation, or thermal cracking units, unless the material is placed on the land, or accumulated speculatively before being so recycled. Materials inserted into thermal cracking units are excluded under this subdivision if the coke product does not exhibit a characteristic of a hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another refinery, and still be excluded under this subdivision. Except as provided for in subdivision (m) of this subrule, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry are not excluded under this subdivision. Residuals generated from processing or recycling materials excluded under this subdivision, where such materials as generated would have otherwise met a listing under R 299.9213 or R 299.9214, are designated as F037 wastes when disposed of or intended for disposal.

(m) Recovered oil that is recycled in the same manner and with the same conditions as described in subdivision (l) of this subrule. Recovered oil is oil that has been reclaimed from secondary materials, including wastewater, generated from normal petroleum industry practices, including refining,

exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4789, 4922, 4923, 5171, and 5172). Recovered oil does not

include oil-bearing hazardous wastes listed in part 2 of these rules. However, oil recovered from oil- bearing hazardous wastes listed in part 2 of these rules may be considered recovered oil. Recovered oil also does not include used oil as defined in R 299.9109.

(n) EPA hazardous waste numbers K060, K087, K141, K142, K143, K144, K145, K147, and K148 and any wastes from the coke by-products processes that are hazardous only because they exhibit the toxicity characteristic specified in R 299.9212 when, after generation, the materials are recycled to coke ovens or to the tar recovery process as a feedstock to produce coal tar or are mixed with coal tar before the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point that the wastes are generated to the point that they are recycled to coke ovens or tar recovery or refining processes or are mixed with coal tar.

(o) Materials which are reclaimed from used oil and which are used beneficially if the materials are not burned for energy recovery or used in a manner that constitutes disposal of the materials.

(p) Excluded scrap metal that is being recycled.

(q) Shredded circuit boards that are being recycled if both of the following requirements are met:

(i) The shredded circuit boards are stored in containers sufficient to prevent a release to the environment before recovery.

(ii) The shredded circuit boards are free of mercury switches, mercury relays, and nickel-cadmium batteries and lithium batteries.

(r) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 C.F.R. §63.446(e). This exemption applies only to combustion at the mill generating the condensates.

(s) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, provided both the following requirements are met:

(i) The oil is hazardous only because it exhibits the characteristic of ignitability as defined in R 299.9212 or toxicity for benzene as defined in R 299.9212 and R 299.9217.

(ii) The oil generated by the organic chemical manufacturing facility is not placed on the land or speculatively accumulated before being recycled into the petroleum refining process.

(t) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land or speculatively accumulated.

(u) Before reuse, the wood preserving wastewaters and spent wood preserving solutions described in subdivisions (i) and (j) of this subrule if all of the following requirements are met:

(v) The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended use.

(ii) Before reuse, the wastewaters and spent wood preserving solutions are managed to prevent releases to either the land or groundwater or both.

(iii) Units used to manage wastewaters or spent wood preserving solutions before reuse can be visually or otherwise determined to prevent releases to either land or groundwater.

(iv) Drip pads used to manage the wastewaters or spent wood preserving solutions before reuse are in compliance with 40 C.F.R. part 265, subpart W regardless of whether the plant generates a total of less than 1,000 kilograms per month of hazardous waste.

(v) Before operating pursuant to this exclusion, the plant owner or operator complies with all of the following requirements otherwise the exclusion shall not apply:

(A) Submits a 1-time notification to the director stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the

following language: "I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulations."

(B) The owner or operator maintains a copy of the 1-time notification required pursuant to subparagraph (v) of this subdivision in its on-site records for a period of not less than 3 years from the date specified in the notice.

(C) If the plant voids the exclusion by not complying with the exclusion conditions and wishes to have its wastes excluded again, it shall apply to the director for reinstatement. The director may reinstate the exclusion upon finding that the plant has returned to compliance with all of the conditions and that violations are not likely to recur.

(v) Spent materials, other than hazardous waste listed under R 299.9213 or R 299.9214, that are generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation if all of the following requirements are met:

(i) The spent material is legitimately recycled to recover minerals, acids, cyanide, water, or other values.

(ii) The spent material is not speculatively accumulated.

(iii) Except as provided under paragraph (iv) of this subdivision, the spent material is stored in tanks, containers, or buildings which meet the following requirements as applicable:

(A) If using a building, the building shall be an engineered structure with a floor, walls, and a roof all of which are made of non-earthen materials providing structural support, except smelter buildings which may have partially earthen floors provided that the spent material is stored on the non-earthen portion, have a roof which is suitable for diverting rainwater away from the foundation, and be designed, constructed, and operated to prevent significant releases of the material to the environment.

(B) If using a tank, the tank shall be free standing, not meet the definition of a surface impoundment, be manufactured of a material suitable for containment of its contents, be operated in a manner which controls fugitive dust if the tank contains any particulate which may be subject to wind dispersal, and be designed, constructed, and operated to prevent significant releases of the material to the environment.

(C) If using a container, the container shall be free standing and be manufactured of a material suitable for containment of its contents, be operated in a manner which controls fugitive dust if the container contains any particulate which may be subject to wind dispersal, and be designed, constructed, and operated to prevent significant releases of the material to the environment.

(iv) The spent materials are placed on pads if all of the following requirements are met:

(A) The solid mineral processing spent materials do not contain any free liquid.

(B) The pad is designed, constructed, and operated to prevent significant releases of the spent material into the environment.

(C) The pad provides the same degree of containment afforded by non-RCRA tanks, containers, and buildings eligible for this exclusion.

(D) The pad is designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material.

(E) The pad is capable of withstanding physical stresses associated with placement and removal.

(F) The pad has run-on/run-off controls.

(G) The pad is operated in a manner which controls fugitive dust.

(H) The integrity of the pad is ensured through inspections and maintenance programs.

(I) The director makes a site-specific determination that the materials may be placed on a pad rather than in tanks, containers, or buildings. In making such a determination, the director shall consider whether storage on a pad poses the potential for significant releases via groundwater, surface water, and air exposure pathways. When assessing the groundwater, surface water, and air exposure

pathways, the director shall consider the volume and physical and chemical properties of the spent material, including its potential for migration off of the pad, the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway, and the possibility and extent of harm to human and environmental receptors via each exposure pathway. Before making such a determination, the director shall provide notice and the opportunity for comment to all persons potentially interested in the determination. Notice may be accomplished by placing notice of the action in major local newspapers or broadcasting notice over local radio stations.

(v) The owner or operator provides notice to the director which provides the following information and is updated when there is a change in the type of materials recycled or the location of the recycling process:

(A) The types of materials to be recycled.

(B) The type and location of storage units and recycling processes.

(vi) For the purposes of the exclusion under R 299.9204(2)(h), mineral processing spent materials shall be the result of mineral processing and may not include any hazardous wastes listed under R 299.9213 or R 299.9214. Listed hazardous wastes and characteristic hazardous waste generated by non-mineral processing industries are not eligible for the conditional exclusion from the definition of waste.

(w) Comparable fuels or comparable syngas fuels that meet the requirements of R 299.9230.

(x) Hazardous secondary materials used to make zinc fertilizers, if the following conditions are met:

(i) Hazardous secondary materials used to make zinc micronutrient fertilizers shall not be accumulated speculatively.

(ii) Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers shall comply with all of the following requirements:

(A) Submit a 1-time notice to the director which contains the name, address, and site identification number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions of this subdivision.

(B) Store the excluded secondary material in buildings, tanks, or containers that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose shall be an engineered structure made of non-earthen materials that provide structural support, and shall have a floor, walls, and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose shall be structurally sound and, if outdoors, shall have roofs or covers that prevent contact with wind and rain. Containers that are used for this purpose shall be kept closed except when it is necessary to add or remove material, and shall be in sound condition. Containers that are stored outdoors shall be managed within storage areas that have containment structures or systems sufficiently impervious to contain leaks, spills, and accumulated precipitation; provide for effective drainage and removal of leaks, spills, and accumulated precipitation; and prevent run-on into the containment system.

(C) With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this subdivision.

(D) Maintain at the generator's or intermediate handler's facility for no less than 3 years records of all shipments of excluded hazardous secondary materials. At a minimum, the records for each shipment shall include the name of the transporter, the date of the shipment, the name and address of the facility that received the excluded material, documentation confirming receipt of the shipment, and the type and quantity of excluded secondary material in each shipment.

(iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials shall comply with all of the following requirements:

(A) Store excluded hazardous secondary material pursuant to the storage requirements for generators and intermediate handlers, as specified in paragraph (ii) of this subdivision.

(B) Submit a 1-time notification to the director which contains the name, address, and site identification number of the manufacturing facility and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions of this subdivision.

(C) Maintain for no less than 3 years records of all shipments of excluded hazardous secondary materials received by the manufacturer. At a minimum, the records for each shipment shall include the name and address of the generating facility, the name of the transporter, the date the materials were received, the quantity of materials received, and a brief description of the industrial process that generated the material.

(D) Submit to the director an annual report which identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process from which they were generated.

(iv) Nothing in this subdivision preempts, overrides, or otherwise negates the requirements of R 299.9302 which requires any person who generates a waste to determine if the waste is a hazardous waste.

(v) Interim status and licensed storage units that have been used to store only zinc-bearing hazardous wastes before the submission of the 1-time notice described in paragraph (ii) of this subdivision, and that afterward will be used only to store hazardous secondary materials excluded under this subdivision, are not subject to the closure requirements of part 6 of these rules.

(y) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under subdivision (x) of this subrule, provided that the following conditions are met:

(i) The fertilizers meet the following contaminant limits, established as the maximum allowable total concentration in fertilizer per 1% of zinc, for metal contaminants:

(A) Arsenic, 0.3 parts per million.

(B) Cadmium, 1.4 parts per million.

(D) Lead, 2.8 parts per million.

(E) Mercury, 0.3 parts per million.

(ii) The fertilizers meet the contaminant limit for dioxin contaminants of not more than 8 parts per trillion of dioxin, measured as toxic equivalent.

(iii) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals not less than every 6 months, and for dioxins not less than every 12 months. Testing shall also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical methods to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the products introduced into commerce.

(iv) The manufacturer maintains for not less than 3 years records of all sampling and analysis performed for the purposes of determining compliance with the requirements of paragraph (iii) of this subdivision. At a minimum, such records shall include all of the following:

(A) The dates and times product samples were taken, and the dates the samples were analyzed.

(B) The names and qualifications of the persons taking the samples.

(D) The name and address of the laboratory facility at which analyses of the samples were performed.

(E) A description of the analytical methods used, including any cleanup and sample preparation methods.

(F) All laboratory analytical results used to determine compliance with the contaminant limits specified in paragraphs (i) and (ii) of this subdivision.

(2) The following wastes are not hazardous wastes for the purposes of part 111 of the act and these rules:

(a) Household waste, including household waste that has been collected, transported, stored, treated, disposed of, recovered, or reused. Household waste means any waste material, including garbage, trash, and sanitary wastes in septic tanks, that is derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. A resource recovery facility that manages municipal waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of regulation pursuant to these rules if the facility is in compliance with both of the following provisions:

(i) Receives and burns only household waste from single and multiple dwellings, hotels, motels, and other residential sources and waste from commercial or industrial sources that does not contain hazardous waste.

(ii) Does not accept hazardous wastes and the owner or operator of the facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in the facility.

(b) Wastes which are generated by either of the following and which are returned to the soil as fertilizers:

(i) The growing and harvesting of agricultural crops.

(ii) The raising of animals, including animal manures.

(d) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste that is generated primarily from the combustion of coal or other fossil fuels, except as provided by 40 C.F.R. §266.112 for facilities that burn or process hazardous waste.

(e) Drilling fluids, produced waters, and other wastes that are associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy.

(f) Wastes which fail the test for the toxicity characteristic because chromium is present or wastes that are listed in R 299.9213 or R 299.9214 due to the presence of chromium, which do not fail the test for the toxicity characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that all of the following provisions are met:

(i) The chromium in the waste is exclusively, or nearly exclusively, trivalent chromium.

(ii) The waste is generated from an industrial process that uses trivalent chromium exclusively, or nearly exclusively, and the process does not generate hexavalent chromium.

(iii) The waste is typically and frequently managed in nonoxidizing environments.

(g) The following specific wastes that are in compliance with the standard in subdivision (f) of this subrule, if the wastes do not fail the test for the toxicity characteristic for any other constituent and do not fail the test for any other characteristic:

(i) Chrome (blue) trimmings generated by any of the following subcategories of the leather tanning and finishing industry: