10 PROPOSED ADMINISTRATIVE RULES

SOAHR 2006-065

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

Filed with the Secretary of State on

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, 11115b, 11118, 11123, 11127, 11128, 11130, 11132a, 11137, 11138, 11140, 11141, and 11153 of 1994

PA 451, and Executive Reorganization Order No. 1995-16, MCL 324.11115a, 324.11115b, 324.11118, 324.11123, 324.11127, 324.11128, 324.11130, 324.11132a, 324.11137, 324.11138, 324.11140,

324.11141, 324.11153, and 324.99903)

Draft August 21, 2007

R 299.9101, R 299.9102, R 299.9104, R 299.9105, R 299.9203, R 299.9204, R 299.9207, R 299.9212,

R 299.9222, R 299.9224, R 299.9225, R 299.9226, R 299.9227, R 299.9228, R 299.9304, R 299.9305,

R 299.9306, R 299.9307, R 299.9308, R 299.9309, R 299.9310, R 299.9401, R 299.9404, R 299.9405,

R 299.9409, R 299.9503, R 299.9504, R 299.9519, R 299.9521, R 299.9601, R 299.9605, R 299.9607,

R 299.9608, R 299.9609, R 299.9610, R 299.9612, R 299.9613, R 299.9615, R 299.9623, R 299.9629,

R 299.9640, R 299.9705, R 299.9710, R 299.9808, R 299.11001, R 299.11002, R 299.11003,

R 299.11004, and R 299.11005 of the Michigan Administrative Code are amended and R 299.9231 and R 299.11009 are added to read as follows:

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.

(h) "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) "Ampule" means an airtight vial made of glass, plastic, metal, or any combination of these materials. (rs) "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.

(t) "Antifreeze" means a mixture containing ethylene glycol or propylene glycol for use as a heat transfer or dehydration fluid for the purposes of regulation as a universal waste under R 299.9228.

(su) "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.

(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.

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

(vx) "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.

(wy) "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.

(xz) "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:

(i) 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.

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

(zbb) "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) "Cathode ray tube" or "CRT" means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT is a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released.

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

(cd) "Certification" means a statement of professional opinion based upon knowledge or belief.

(de) "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.

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

(gh) "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.")

(hi) "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.

(kl) "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.

(mn) "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.

(no) "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.

(op) "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.

(pq) "Consumer electronics" means ~~devices operated by electricity that contain~~ the circuit boards, liquid crystal display, or plasma display components in devices that are operated by electricity and are designed for general consumer use, ~~many of which are commonly found in homes and offices~~. ~~Examples of consumer electronics include computers, telephones, and printers.~~

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

(rs) "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.

(st) "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.

(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.

(uv) "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.

(w) "CRT collector" means a person who receives used, intact CRTs for recycling, repair, resale, or donation.

(x) "CRT glass manufacturer" means an operation or part of an operation that uses a furnace to manufacture CRT glass.

(y) "CRT processing" means conducting all of the following activities:

(i) Receiving broken or intact CRTs.

(ii) Intentionally breaking intact CRTs or further breaking or separating broken CRTs.

(iii) Sorting or otherwise managing glass removed from CRT monitors.

(vz) "Designated facility" means a hazardous waste treatment, storage, or disposal facility which has received a permit or has interim status pursuant to 40 C.F.R. parts 124 and 270 ~~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. A designated facility may also mean a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with R 299.9608.

(waa) "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.

(xbb) "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.

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

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

(aaee) "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. (bbff) "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.

(ccgg) "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.

(ddhh) "Displacement" means the relative movement of any two sides of a fault measured in any direction.

(eeii) "DOD" means the United States department of defense.

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

(ggkk) "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.

(hhll) "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 299.9104 Definitions; G to I. Rule 104. As used in these rules:

(a) "Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in part 2 of these rules or whose act first causes a hazardous waste to become subject to regulation.

(b) "Geologist" means a person who, by reason of his or her knowledge of geology, mathematics, and the physical and life sciences, acquired by education and experience, is equipped to practice geology.

(d) "Hazardous waste" means a hazardous waste as defined in R 299.9203.

(e) "Hazardous waste fuel" means hazardous waste burned for energy recovery in any boiler or industrial furnace that is not regulated as an incinerator or fuel produced from hazardous waste for this purpose by processing, blending, or other treatment.

(f) "Hazardous waste management unit" means a contiguous area of land on or in which hazardous waste is placed or is the largest area in which there is a significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include all of the following:

(i) A surface impoundment.

(ii) A waste pile.

(iii) A land treatment area.

(iv) A landfill cell.

(v) An incinerator.

(vi) A tank and its associated piping and underlying containment system.

(vii) A container storage area. A container alone does not constitute a unit. The unit includes containers and the land or pad upon which they are placed.

(viii) A miscellaneous unit.

(g) "Hazardous waste number" means the code number that is used to identify a particular type of hazardous waste.

(h) "Holocene" means the most recent epoch of the quaternary period extending from the end of the Pleistocene to the present.

(i) "Home scrap metal means scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

(j) "Household do-it-yourselfer used oil" means oil that is derived from households, such as used oil generated by individuals through the maintenance of their personal vehicles.

(k) "Household do-it-yourselfer used oil generator" means an individual who generates household do-it-yourselfer used oil.

(l) "Import" means the act of bringing hazardous waste into the United States from a foreign country.

(m) "Inactive portion" means that portion of a facility that is not operated after November 19, 1980. (See also "active portion" and "closed portion.")

(n) "Inactive range” means a military range that is not currently being used, but that is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities.

(o) "Incinerator" means an enclosed device that satisfies either of the following criteria:

(i) Uses controlled flame combustion, does not meet the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, and is not listed as an industrial furnace.

(ii) Meets the definition of an infrared incinerator or plasma arc incinerator.

(p) "Incompatible waste" means a hazardous waste that is unsuitable for either of the following:

(i) Placement in a particular device or facility because it may cause the corrosion or decay of containment materials, for example, container inner liners or tank walls.

(ii) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure; fire or explosion; a violent reaction; toxic dusts, mists, fumes, or gases; or flammable fumes or gases. Examples of incompatible wastes are described in the provisions of 40 C.F.R. part 264, appendix V, and part 265, appendix V.

(q) "Individual generation site" means the contiguous site at or on which 1 or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have 1 or more sources of hazardous waste, but is considered a single or individual generation site if the site or property is contiguous.

(r) "Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish the recovery of materials or energy:

(i) Cement kilns.

(ii) Lime kilns.

(iii) Aggregate kilns.

(iv) Phosphate kilns.

(v) Coke ovens.

(vi) Blast furnaces.

(vii) Smelting, melting, and refining furnaces, including pyrometallurgical devices, such as cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces.

(viii) Titanium dioxide chloride process oxidation reactors.

(ix) Methane reforming furnaces.

(x) Pulping liquor recovery furnaces.

(xi) Combustion devices that are used in the recovery of sulfur values from spent sulfuric acid.

(xii) Halogen acid furnaces for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3%, the acid product is used in a manufacturing process, and, except for hazardous waste burned as a fuel, hazardous waste fed to the furnace has a minimum halogen content of 20% as-generated.

(xiii) Other devices that the administrator may, after notice and comment, add to this subdivision on the basis of 1 or more of the following factors:

(A) The design and use of the device primarily to accomplish the recovery of material products.

(B) The use of the device to burn or reduce raw materials to make a material product.

(C) The use of the device to burn or reduce secondary materials as effective substitutes for raw materials in processes using raw materials as principal feedstocks.

(D) The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product.

(E) The use of the device in common industrial practice to produce a material product.

(F) Other factors, as appropriate.

(s) "Infrared incinerator" means any enclosed device which uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.

(t) "In-ground tank" means a device which satisfies the definition of "tank" specified in R 299.9108(a) and which has a portion of its wall situated, to any degree, within the ground, thereby preventing visual inspection of the external surface area of the device that is in the ground.

(u) "Injection well" means a well into which fluids are injected. (See also "underground injection.")

(v) "Inner liner" means a continuous layer of material which is placed inside a tank or container and which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

(w) "In operation" means that a facility is treating, storing, or disposing of hazardous waste.

(x) "Installation inspector" means a person who, by reason of his or her knowledge of the physical sciences and the principles of engineering acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems.

(y) "International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.

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 EPA Form 8700-22, including, if necessary, EPA Form 8700-22A, which is originated and signed by the generator or offeror in accordance with the instructions in the appendix to 40 C.F.R. part 262 and the applicable requirements of parts 3, 4, and 6 of these rules ~~which contains the information required by R 299.9304~~.

(n) "Manifest ~~document~~ tracking number" means the alphanumeric ~~site 2-digit~~ identification number which is preprinted in item 4 of the manifest by a registered source ~~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 299.9203 "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 or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system, at facilities subject to regulation under parts 60, 61, or 63 of the federal clean air act or at facilities subject to an enforceable limit in a federal operating permit that minizmizes fugitive emissions, is not more than 1 part per million on an average weekly basis:

(A) Carbon tetrachloride.

(B) Tetrachloroethylene.

(D) Benzene.

(E) Scrubber waters derived from the combustion of the spent solvents listed in subparagraphs (A) to

(D) of this paragraph.

Any facility that uses benzene as a solvent and claims this exemption shall use an aerated biological wastewater treatment system and only lined surface impoundments or tanks before secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the director. A facility shall file a revised sampling and analysis plan if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan shall include the monitoring point location at the headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility shall be eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the director. The director may reject the sampling and analysis plan if the director finds that the sampling and analysis plan does not include the required information or the plan parameters do not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the director rejects the sampling and analysis plan or finds that the facility is not following the sampling and analysis plan, the director shall notify the facility that it must cease the use of the direct monitoring option until the bases for the rejection are corrected.

(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 or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system, at facilities subject to regulation under parts 60, 61, or 63 of the federal clean air act or at facilities subject to an enforceable limit in a federal operating permit that minizmizes fugitive emissions, is not more than 25 parts per million on an average weekly basis:

(A) Methylene chloride.

(B) 1,1,1-Trichloroethane.

(D) o-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.

(N) 2-ethoxyethanol.

(O) Scrubber waters derived from the combustion of the spent solvents listed in subparagraphs (A) to

(N) of this paragraph.

Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the director. A facility shall file a revised sampling and analysis plan if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan shall include the monitoring point location at the headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility shall be eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the director. The director may reject the sampling and analysis plan if the director finds that the sampling and analysis plan does not include the required information or the plan parameters do not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the director rejects the sampling and analysis plan or finds that the facility is not following the sampling and analysis plan, the director shall notify the facility that it must cease the use of the direct monitoring option until the bases for the rejection are corrected.

(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 harzardous waste, commercial chemical product, or chemical intermediate listed in R 299.9213 or 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~~ are inadvertent releases to a wastewater treatment system, including 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.

Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in R 299.9214, or any nonmanufacturing facility that claims an exemption for deminimis quantities of wastes listed in R 299.9213 or R 299.9214 shall either have eliminated the discharge of wastewaters or have included in its federal clean water act permit application or submission to its pretreatment control authority the constituents for which each waste was listed in accordance with 40 C.F.R. part 261, appendix VII, and the constituents identified in 40 C.F.R. §268.40 for which each waste has a treatment standard. A facility shall be eligible to claim the exemption once notification of the possible deminimis releases have been provided via the clean water act permit application or the pretreatment control authority submission. A copy of the federal clean water act permit application or the submission to the pretreatment control authority shall be placed in the facility's on-site files.

(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 or the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system is not more than 5 parts per million on an average weekly basis. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the director. A facility shall file a revised sampling and analysis plan if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan shall include the monitoring point location at the headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility shall be eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the director. The director may reject the sampling and analysis plan if the director finds that the sampling and analysis plan does not include the required information or the plan parameters do not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the director rejects the sampling and analysis plan or finds that the facility is not following the sampling and analysis plan, the director shall notify the facility that it must cease the use of the direct monitoring option until the bases for the rejection are corrected.

(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 or the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system is not more than 5 milligrams per liter on an average weekly basis. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the director. A facility shall file a revised sampling and analysis plan if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan shall include the monitoring point location at the headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility shall be eligible for the direct monitoring option once they receive confirmation that the

sampling and analysis plan has been received by the director. The director may reject the sampling and analysis plan if the director finds that the sampling and analysis plan does not include the required information or the plan parameters do not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the director rejects the sampling and analysis plan or finds that the facility is not following the sampling and analysis plan, the director shall notify the facility that it must cease the use of the direct monitoring option until the bases for the rejection are corrected.

(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~~ either or both 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 until closure of the facility ~~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:

(x) 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.

(z) Used CRTs that meet any of the following requirements:

(i) Used, intact CRTs unless they are disposed or are speculatively accumulated by CRT collectors or glass processors.

(ii) Used, intact CRTs when exported for recycling if they meet the requirements of R 299.9231(5).

(iii) Used, broken CRTs if they meet the requirements of R 299.9231(1) and (2).

(iv) Glass removed from CRTs if it meets the requirements of R 299.9231(3).

(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: