Mich. Admin. Code 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 subrules (6) and (7) of this rule. 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; accumulated,
stored, or treated, but not recycled, before or instead of being abandoned by
being disposed of, burned, or incinerated; or sham recycled.
(b) A material that is recycled, or
accumulated, stored, or treated before recycling, and that 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),
(aa), (bb), and (cc).
(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 that are listed in 40 CFR part 261,
appendix VIII, and that 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 that 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 that is a secondary material, that is fed to a
halogen acid furnace, and that exhibits a characteristic of a hazardous waste
or is listed as a hazardous waste under 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 CFR part 261, appendix
VIII.
(C) The material is processed
continually on-site in the halogen acid furnace by direct conveyance such as
hard piping.
(c) It is a military munition identified as a
waste under
R
299.9817.
(2) Any of the following materials may be
wastes under subrule (1) of this rule:
(a)
Spent materials.
(c) Scrap metal that is not excluded under
R
299.9204.
(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 this
rule, 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.
If 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.
(c) Materials accumulated
speculatively.
(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, MCL 324.11101
to 324.11153, 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.
(c) Materials that have
been reclaimed but must be reclaimed further before the materials are
completely recovered.
(d) Hazardous
secondary materials that are reclaimed in a continuous industrial
process.
(e) Hazardous secondary
materials that are indistinguishable in all relevant aspects from a product or
intermediate.
(7) The
director shall use the standards, criteria, and procedures outlined in
40
CFR 260.31,
260.33,
and
260.34
for making determinations under subrule (6) of this rule.
(8) Persons receiving a variance or
determination under subrule (6) of this rule shall comply with the notification
requirements of
40 CFR
260.42.
(9)
40
CFR 260.31,
260.33,
260.34,
260.42,
261.31,
261.32,
and
261.33
are adopted by reference in
R 299.11003, with the exception
that "director" replaces "regional administrator" and "administrator," "waste"
replaces "solid waste," "R 299.9202" replaces references to "261.2,"
"R
299.9204" replaces references to "264.4,"
"R
299.9204(1)(aa)" replaces references
to "261.4(a)(24)," and "Michigan site identification form, form EQP5150"
replaces references to "EPA Form 8700-12."
Notes
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