Mich. Admin. Code R. 299.9304 - Conditions for exemption for very small quantity generators
Rule 304.
(1) If a
very small quantity generator meets all of the conditions for exemption listed
in this rule, the hazardous waste generated by the very small quantity
generator is not subject to regulation under parts 3 to 10 of these rules,
except
R
299.9301 to R 299.9304, and the notification
requirements of section 3010 of RCRA,
42 USC 6930, and
the very small quantity generator may accumulate hazardous waste on site
without complying with the requirements. The conditions for exemption include
all of the following:
(a) In a calendar
month, the very small quantity generator generates less than or equal to the
amounts specified in the definition of "very small quantity
generator."
(b) The very small
quantity generator complies with
R
299.9302(1)(a)-(d).
(c) If the very small quantity generator
accumulates at any time greater than 1 kilogram of acute hazardous waste; 1
kilogram of severely toxic hazardous waste; or 100 kilograms of any residue or
contaminated soil, water, or other debris resulting from the cleanup of a
spill, into or on any land or water, of any acute or severely toxic hazardous
waste listed, all quantities of that acute or severely toxic hazardous waste
are subject to both of the following additional conditions for exemption:
(i) The waste is held on site for no more
than 90 days beginning on the date when the accumulated wastes exceed the
amounts in this subdivision.
(ii)
The conditions for exemption in
R
299.9307.
(d) If the very small quantity generator
accumulates at any time 1,000 kilograms or greater of non-acute hazardous
waste, all quantities of that hazardous waste are subject to all of the
following additional conditions for exemption:
(i) The waste is held on site for no more
than 180 days, or 270 days, if applicable, beginning on the date when the
accumulated waste exceed the amounts in this subdivision.
(ii) The quantity of waste accumulated on
site never exceeds 6,000 kilograms.
(iii) The conditions for exemption in
R
299.9306(1)(b) and (d) to (r), (3), and
(4).
(e) A very small quantity generator that
accumulates hazardous waste in amounts less than or equal to the limits in
subdivisions (c) and (d) of this subrule shall either treat or dispose of its
hazardous waste in an on-site facility or ensure delivery to an off-site
treatment, storage, or disposal facility. If the facility is located in the
United States, it shall comply with 1 of the following requirements:
(i) Be licensed under part 111 of the act,
MCL 324.11101 to 324.11153, for that waste type or be operating under
R 299.9502(3), (4), or
(5).
(ii) Be in another state and be authorized to
manage hazardous waste by the state under a hazardous waste management program
that is approved under 40 CFR part 271.
(iii) Be in another state and be permitted or
licensed under 40 CFR part 270.
(v) Be a facility that stores or treats the
waste and that is in compliance with the applicable requirements of parts 31,
55, and 115 of the act, MCL 324.3101 to 324.3134, 324.5501 to 324.5542, and
324.11501 to 324.11554.
(vi) Be a
disposal facility that is in compliance with the applicable requirements of
parts 31, 55, and 115 of the act, MCL 324.3101 to 324.3134, 324.5501 to
324.5542, and 324.11501 to 324.11554.
(vii) Be in another state and be permitted,
licensed, or registered by that state to manage municipal waste that, if
managed in a municipal waste landfill, is subject to 40 CFR part 258.
(viii) Be in another state and be permitted,
licensed, or registered by that state to manage nonmunicipal waste that, if
managed in a nonmunicipal waste disposal unit after the effective date of these
rules, is subject to
40
CFR 257.5 to
257.30.
(ix) Be a facility that beneficially uses or
reuses, or legitimately recycles or reclaims, the waste or treats the waste
before the beneficial use or reuse or legitimate recycling or
reclamation.
(x) Be an off-site
publicly owned treatment works, if the waste is in compliance with all federal,
state, and local pretreatment requirements and, if the waste is shipped by
vehicle, the conditions of
R
299.9503(3)(b) are met.
(xi) For universal waste managed under to
R
299.9228, be a universal waste handler or destination
facility in compliance with
R
299.9228.
(xii) Be a large quantity generator under the
control of the same person as the very small quantity generator and meet all of
the conditions below. As used in this rule, "control" means the power to direct
the policies of the generator, whether by the ownership of stock, voting
rights, or otherwise, except that contractors who operate generator facilities
on behalf of a different person are not considered to "control" the generators.
The conditions include all of the following:
(A) The very small quantity generator marks
each container of hazardous waste with the words "Hazardous Waste."
(B) The very small quantity generator marks
each container of hazardous waste with a description of the waste or the
hazardous waste number, and an indication of the hazards of the contents. The
indication of the hazards of the contents may include the applicable hazardous
waste characteristic(s), the hazard communication consistent with 49 CFR part
172, subpart E or F, a hazard statement or pictogram consistent with
29 CFR
1910.1200, or a chemical hazard label
consistent with the NFPA standard no. 704.
(f) The very small quantity generator
accumulates waste in an area where the waste is protected from weather, fire,
physical damage, and vandals.
(g)
The hazardous waste accumulation is conducted so that hazardous waste or
hazardous waste constituents cannot escape by gravity into the soils, directly
or indirectly, into surface or groundwaters, or into drains or sewers and so
that fugitive emissions are not in violation of part 55 of the act, MCL
324.5501 to 324.5542.
(2)
The placement of bulk or noncontainerized liquid hazardous waste or hazardous
waste containing free liquids, whether or not sorbents have been added, in any
landfill is prohibited.
(3) A very
small quantity generator experiencing an episodic event may generate and
accumulate hazardous waste in accordance with R 299.9316 instead of
R
299.9305 to
R
299.9307.
Notes
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