Mich. Admin. Code R. 299.9228 - Universal wastes
Rule 228.
(1) This
rule provides an alternate set of standards under which universal wastes may be
managed instead of full regulation as hazardous waste under these rules. The
requirements of this rule apply to the universal wastes identified in this
subrule and to persons managing the universal wastes. Universal wastes that are
not managed pursuant to this rule are subject to full regulation as hazardous
waste under these rules. Except as provided in subrule (2) of this rule, all of
the following universal wastes are exempt from full regulation as hazardous
waste under these rules if they are managed pursuant to the requirements of
this rule:
(a) A battery, including a spent
lead-acid battery that is not managed pursuant to
R 299.9804.
(b) A pesticide, including both of the
following:
(i) A recalled pesticide, including
the following:
(A) A stock of a suspended and
cancelled pesticide that is part of a voluntary or mandatory recall under
section 19(b) of the FIFRA,
7 USC
136q, including, but not limited to, a stock
owned by the registrant responsible for conducting the recall.
(B) A stock of a suspended or cancelled
pesticide, or of a pesticide that is not in compliance with the FIFRA, that is
part of a voluntary recall by the registrant.
(ii) A stock of an unused pesticide product
other than a product specified in paragraph (i) of this subdivision that is
collected and managed as part of a waste pesticide collection
program.
(c) A
thermostat.
(d) A mercury
switch.
(e) A mercury
thermometer.
(f) A waste device
that contains only elemental mercury as the hazardous waste
constituent.
(g) A lamp.
(h) A pharmaceutical.
(i) Consumer electronics.
(j) Antifreeze.
(k) An aerosol can.
(2) The requirements of this rule do not
apply to any of the following:
(a) A spent
lead-acid battery that is managed pursuant to
R 299.9804.
(b) A battery that is not a waste under part
2 of these rules. A used battery becomes a waste when it is discarded. An
unused battery becomes a waste on the date the universal waste handler decides
to discard it.
(c) A battery that
is not hazardous waste. A battery is a hazardous waste if it exhibits 1 or more
of the hazardous characteristics identified in
R
299.9212.
(d) A pesticide identified in subrule (1) of
this rule that is managed by farmers in compliance with
R
299.9204(3)(b).
(e) A pesticide that does not meet the
requirements in subrule (1) of this rule. The pesticide must be managed
pursuant to parts 2 to 8 of these rules, except that aerosol cans that contain
pesticides may be managed as aerosol cans universal waste under this
rule.
(f) A pesticide that is not a
waste under part 2 of these rules. A recalled pesticide becomes a waste on the
first date on which the generator of the pesticide agrees to participate in the
recall and the person conducting the recall decides to discard the pesticide.
An unused pesticide becomes a waste on the date that the generator decides to
discard it. The following pesticides are not wastes:
(i) A recalled pesticide if the person
conducting the recall is in compliance with either of the following provisions:
(A) The person has not made a decision to
discard the pesticide. Until a decision is made, the pesticide does not meet
the definition of a waste under
R
299.9202 and, therefore, is not considered a hazardous
waste subject to regulations under these rules. The pesticide remains subject
to the requirements of the FIFRA.
(B) The person has made a decision to use a
management option that does not result in the pesticide meeting the definition
of a waste under
R
299.9202. The pesticide, including a recalled
pesticide that is exported to a foreign destinations for use or reuse, remains
subject to the requirements of the FIFRA.
(ii) An unused pesticide product if the
generator of the unused pesticide product has not decided to discard the
product. The pesticide product remains subject to the requirements of the
FIFRA.
(g) A pesticide
that is not hazardous waste. A pesticide is a hazardous waste if it is listed
under
R 299.9213 or
R 299.9214 or if it exhibits 1 or
more of the hazardous characteristics identified in
R
299.9212.
(h) A thermostat, mercury switch, mercury
thermometer, or a waste device that contains only elemental mercury as the
hazardous waste constituent that is not a waste under part 2 of these rules. A
used thermostat, mercury switch, mercury thermometer, or a used waste device
that contains only elemental mercury as the hazardous waste constituent becomes
a waste on the date it is discarded. An unused thermostat, mercury switch,
mercury thermometer, and an unused waste device that contains only elemental
mercury as the hazardous waste constituent becomes a waste on the date that the
universal waste handler decides to discard it.
(i) A thermostat, mercury switch, mercury
thermometer, and a waste device that contains only elemental mercury as the
hazardous waste constituent that is not hazardous waste. A thermostat, mercury
switch, mercury thermometer, and a waste device that contains only elemental
mercury as the hazardous waste constituent is a hazardous waste if it exhibits
1 or more of the hazardous characteristics identified in
R
299.9212.
(j) A lamp that is not a waste under part 2
of these rules. A used lamp becomes a waste on the date that the universal
waste handler permanently removes it from its fixture. An unused lamp becomes a
waste on the date that the universal waste handler decides to discard
it.
(k) A lamp that is not a
hazardous waste. A lamp is a hazardous waste if it exhibits 1 or more of the
hazardous characteristics identified in
R
299.9212.
(l) A pharmaceutical that is not a waste
under part 2 of these rules. An unused pharmaceutical becomes a waste on the
date that the universal waste handler decides to discard it.
(m) A pharmaceutical that is not a hazardous
waste. A waste pharmaceutical is a hazardous waste if it is listed under
R 299.9213 or R 299.214 or if it
exhibits 1 or more hazardous waste characteristics under
R
299.9212.
(n) Consumer electronics that are not a waste
under part 2 of these rules. A consumer electronic becomes a waste on the date
that the universal waste handler decides to discard it.
(o) Consumer electronics that are not a
hazardous waste. A consumer electronic is a hazardous waste if it is listed
under
R 299.9213 or R 299.214, or if it
exhibits 1 or more hazardous waste characteristics under
R
299.9212.
(p) Antifreeze that is not a waste under part
2 of these rules. Used antifreeze becomes a waste when it is discarded. Unused
antifreeze becomes a waste on the date that the universal waste handler decides
to discard it.
(q) Antifreeze that
is not a hazardous waste. Antifreeze is a hazardous waste if it is listed in
R 299.9213 or
R 299.9214, or if it exhibits 1 or
more hazardous waste characteristics under
R
299.9212.
(r) Aerosol cans that are not a waste under
part 2 of these rules. An unused aerosol can becomes a waste on the date the
universal waste handler decides to discard it. A used aerosol can becomes a
waste when it is discarded.
(s)
Aerosol cans that are not a hazardous waste. An aerosol can is a hazardous
waste if it contains a substance that is listed in
R 299.9213 or
R 299.9214, or if it exhibits 1 or
more hazardous waste characteristics under
R
299.9212.
(t) An aerosol can that is empty under
R 299.9207.
(3) A person that manages household wastes
that are exempt from regulation under
R
299.9204(2)(a) and are also of the
same type as the universal wastes identified in subrule (1) of this rule or
very small quantity generator wastes that are exempt from regulation under
R
299.9304 and are also of the same type as the
universal wastes identified in subrule (1) of this rule may, at the person's
option, manage the wastes under this rule. A person who commingles household
wastes or very small quantity generator wastes with universal waste regulated
pursuant to this rule shall manage the commingled waste under the requirements
of this rule.
(4) A universal waste
small quantity handler shall comply with all of the following requirements:
(a) The requirements of 40 CFR part 273,
subpart B, except 273.10 and 273.18(b).
(b) If the universal waste small quantity
handler is self-transporting universal waste offsite, then the handler becomes
the universal waste transporter for the self-transportation activities and
shall comply with the requirements of subrule (6) of this rule while
transporting the universal wastes.
(c) If the universal waste small quantity
handler handles mercury switches, mercury thermometers, or waste devices that
contain only elemental mercury as the hazardous waste constituent, then
40 CFR
273.13(c) applies to the
mercury switches, mercury thermometers, and waste devices that contain only
elemental mercury as the hazardous waste constituent.
(d) If the universal waste small quantity
handler manages pharmaceuticals, then all of the following additional
requirements must apply:
(i) The
pharmaceuticals must be managed in a manner that prevents releases of any
universal waste or component of a universal waste to the environment. The
pharmaceuticals must be contained in a container that remains closed, except to
add or remove universal waste, is structurally sound, is compatible with the
pharmaceutical, and lacks evidence of leakage, spillage, or damage that could
cause leakage under reasonably foreseeable circumstances, or if the container
does not meet these conditions, is overpacked in a container that does meet
these conditions.
(ii) If a release
of pharmaceuticals or component of pharmaceuticals occurs, the release must be
immediately cleaned up and properly characterized for disposal.
(iii) A universal waste handler may
disassemble packaging and sort pharmaceuticals.
(iv) Incompatible pharmaceuticals must be
segregated. Adequate distance must be employed to prevent the contact of
incompatible materials.
(e) If the universal waste small quantity
handler manages consumer electronics, then all of the following additional
requirements apply:
(i) The consumer
electronics must be managed in a manner that prevents breakage or the release
of any universal waste or components of universal waste by containing the
consumer electronics in packaging that will prevent breakage during normal
handling conditions.
(ii) Label the
outer packaging or container with the words "universal waste consumer
electronics" or "universal waste electronics."
(iii) Properly contain, classify, and dispose
of releases and potential releases of consumer electronics and
residues.
(f) A universal
waste small quantity handler handling consumer electronics may perform any of
the following activities and shall still be regulated as a universal waste
small quantity handler:
(i) Repair the
consumer electronics for potential direct reuse.
(ii) Remove other universal wastes from the
consumer electronics.
(iii) Remove
individual modular components for direct reuse.
(g) If the universal waste small quantity
handler manages antifreeze, then all of the following additional requirements
must apply:
(i) The antifreeze must be managed
in a manner that prevents releases of any universal waste or component of a
universal waste to the environment.
(ii) The antifreeze must be contained in 1 or
more of the following manners:
(A) A container
that remains closed, except to add or remove universal waste, is structurally
sound, is compatible with the antifreeze, and that lacks evidence of leakage,
spillage, or damage that could cause leakage under reasonably foreseeable
conditions.
(B) A container that
does not meet the requirements of subparagraph (A) of this paragraph, if the
container is overpacked in a container that does meet the requirements of
subparagraph (A) of this paragraph.
(C) A tank that meets the requirements of 40
CFR part 265, subpart J, except for
40 CFR
265.197(c), and
265.200.
(D) A transport vehicle or vessel that
remains closed, except to add or remove universal waste, is structurally sound,
is compatible with the antifreeze, and that lacks evidence of leakage,
spillage, or damage that could cause leakage under reasonable foreseeable
conditions.
(iii) If a
release of antifreeze or a component of antifreeze occurs, the release must be
immediately cleaned up and properly characterized for disposal.
(iv) The containers or tanks used to manage
the antifreeze must be labeled with the words "universal waste antifreeze,"
"waste antifreeze," or "used antifreeze."
(5) A universal waste large quantity handler
shall comply with all of the following requirements:
(a) Maintain the universal waste large
quantity handler designation through the end of the calendar year in which a
total of 5,000 kilograms or more of universal waste is accumulated.
(b) The requirements of 40 CFR part 273,
subpart C, except 273.30 and 273.38(b).
(c) If the universal waste large quantity
handler is self-transporting universal waste off site, then the handler becomes
the universal waste transporter for the self-transportation activities and
shall comply with the requirements of subrule (6) of this rule while
transporting the universal wastes.
(d) If the universal waste large quantity
handler handles mercury switches, mercury thermometers, or waste devices that
contain only elemental mercury as the hazardous waste constituent, then
40 CFR
273.33(c) applies to the
mercury switches, mercury thermometers, and waste devices that contain only
elemental mercury as the hazardous waste constituent.
(e) If the universal waste large quantity
handler handles pharmaceuticals, all of the additional requirements of subrule
(4)(d) of this rule.
(f) If the
universal waste large quantity handler handles consumer electronics, all of the
additional requirements of subrules (4)(e) and (f) of this rule.
(g) If the universal waste large quantity
handler handles antifreeze, all of the additional requirements of subrule
(4)(g) of this rule.
(6)
A universal waste transporter shall comply with both of the following
requirements:
(a) The requirements of 40 CFR
part 273, subpart D, except 273.50 and 273.53.
(b) Store universal wastes at a universal
waste transfer facility for 10 days or less. If the transporter stores
universal wastes for more than 10 days, then the transporter becomes a
universal waste handler and shall comply with the applicable requirements of
subrules (4) and (5) of this rule while storing the universal wastes.
(7) Except as provided for in
subrules (8) and (9) of this rule, an owner or operator of a destination
facility shall comply with all of the following requirements:
(a) The requirements of parts 5 to 8 of these
rules and the notification requirements under section 3010 of RCRA,
42 USC
6930.
(c) The requirements of the act and these
rules if the owner or operator generates waste as a result of recycling
universal waste.
(8) An
owner or operator of a destination facility that recycles a particular
universal waste without storing the universal waste before recycling shall
comply with
R
299.9206(1)(c).
(9) An owner or operator of a destination
facility that stores lamps before recycling the lamps at the facility shall
comply with
R
299.9206(5).
(10) A person who manages universal waste
that is imported from a foreign country into the United States shall comply
with the following applicable requirements immediately after the universal
waste enters the United States:
(a) The
requirements of subrule (4) of this rule if a small quantity handler of
universal waste.
(b) The
requirements of subrule (5) of this rule if a large quantity handler of
universal waste.
(c) The
requirements of subrule (6) of this rule if a transporter of universal
waste.
(d) The requirements of
subrules (7) to (9) of this rule if a universal waste destination
facility.
(e) The requirements of
this rule and R 299.9314 if managing universal waste that is imported from an
Organization for Economic Cooperation and Development
country.
(11) 40 CFR part
273, subparts B to E, except 273.10, 273.18(b), 273.30, 273.38(b), 273.50,
273.53, and 273.60, are adopted by reference in
R 299.11003. For the purposes of
adoption, the term "department" replaces the term "EPA," except in
40
CFR 273.32(a)(3), the term
"director" replaces the term "regional administrator," the term "R
299.9212" replaces the term "40 CFR part 261, subpart
C," the term "R 299.9302" replaces the term "
40 CFR
262.11," the term "R 299.9304,
R
299.9305,
R
299.9306, or
R
299.9307" replaces the term "
40 CFR
262.14, 15, 16, or 17," the term
"R
299.9305 to
R
299.9307" replaces the term "§262.34," the term
"part 3 of these rules" replaces the term "40 CFR part 262," and the term
"parts 2 to 8 of these rules" replaces the term "40 CFR parts 260 through
272."
Notes
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