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 subrule (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 307(b) or 402 of the federal clean water act, 33 USC 1317 and 1342, including wastewater at facilities that have eliminated the discharge of wastewater, and is 1 of the following: (i) One or more of the spent solvents carbon tetrachloride, tetrachloroethylene, trichloroethylene, or benzene that are listed in R 299.9213 or scrubber waters derived from the combustion of these spent solvents, 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 the federal clean air act at 40 CFR parts 60, 61, or 63 or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions, is not more than 1 part per million on an average weekly basis 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 is eligible for the direct monitoring option once it receives 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 spent solvents methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, chlorofluorocarbon solvents, 2-ethoxyethanol, that are listed in R 299.9213 or scrubber waters derived from the combustion of the spent solvents, 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 the federal clean air act at 40 CFR at parts 60, 61, or 63 or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions, is not more than 25 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 is 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. (C) Clarified slurry oil tank sediment or in-line filter/separation solids from petroleum refining operations, K170. (D) Spent hydrotreating catalyst, K171. (E) Spent hydrorefining catalyst, K172. (iv) A discarded hazardous 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. 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 is eligible to claim the exemption once notification of the possible deminimis releases has been provided via the federal 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 must be placed in the facility's on-site files. For this paragraph, de minimis losses 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. (C) Leaks from well-maintained pump packings and seals. (D) Sample purgings. (E) Relief device discharges. (F) Discharges from safety showers and the rinsing and cleaning of personal safety equipment. (G) Rinsate from empty containers or from containers that are rendered empty by that rinsing. (v) Wastewater which results from laboratory operations and which contains toxic (T) wastes listed in R 299.9213 or R 299.9214 if the annualized average flow of laboratory wastewater is not more than 1% of total wastewater flow into the headworks of the facility's wastewater treatment or pretreatment system or if the wastes' combined annualized average concentration is not more than 1 part per million in the headworks of the facility's wastewater treatment or pretreatment facility. Toxic (T) wastes that are used in laboratories and are demonstrated not to be discharged to wastewater must 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 must include the monitoring point location at the headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives 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 must include the monitoring point location at the headworks, the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once it receives 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 a hazardous waste under part 111 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 CFR 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 CFR 279.24(c) to reclaim the oils or fluids. The rebuttable presumption does apply, however, if the oils or fluids are recycled in another manner or are disposed of. (ii) Used oils that are contaminated with chlorofluorocarbons that 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 1 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 other waste, including a waste mixture, when the waste exhibits any of the characteristics identified in R 299.9212. (3) Unless 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 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 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 are disposed of in units regulated under part 115, if the residues comply with the specified generic exclusion levels. Testing requirements must be incorporated in a facility's waste analysis plan or generator's self- implementing waste analysis plan. At a minimum, samples of residues must be collected and analyzed quarterly or when the process or operation generating the waste changes. A person that claims this exclusion in an enforcement action has the burden of proving, by clear and convincing evidence, that the material meets all the following 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 milligrams per liter. (B) Arsenic, 0.50 milligrams per liter. (C) Barium, 7.6 milligrams per liter. (D) Beryllium, 0.010 milligrams per liter. (E) Cadmium, 0.050 milligrams per liter. (F) Chromium (total), 0.33 milligrams per liter. (G) Lead, 0.15 milligrams per liter. (H) Mercury, 0.009 milligrams per liter. (I) Nickel, 1.0 milligrams per liter. (J) Selenium, 0.16 milligrams per liter. (K) Silver, 0.30 milligrams per liter. (L) Thallium, 0.020 milligrams per liter. (M) Zinc, 70 milligrams per liter. (ii) For F006 nonwastewater high temperature metals recovery residues, the specified generic exclusion levels are as follows: (A) Antimony, 0.10 milligrams per liter. (B) Arsenic, 0.50 milligrams per liter. (C) Barium, 7.6 milligrams per liter. (D) Beryllium, 0.010 milligrams per liter. (E) Cadmium, 0.050 milligrams per liter. (F) Chromium (total), 0.33 milligrams per liter. (G) Cyanide (total), 1.8 mg/kg. (H) Lead, 0.15 milligrams per liter. (I) Mercury, 0.009 milligrams per liter. (J) Nickel, 1.0 milligrams per liter. (K) Selenium, 0.16 milligrams per liter. (L) Silver, 0.30 milligrams per liter. (M) Thallium, 0.020 milligrams per liter. (N) Zinc, 70 milligrams per liter. (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 that are sent to a unit regulated under part 115, the person claiming the exclusion shall send a 1time notification and certification to the director. The notification and certification must be in compliance with all the following provisions: (A) The notification and certification must be maintained at the facility. (B) The notification and certification must 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 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. (C) The notification must include all the following information: (I) The name and address of the unit regulated under part 115 that is receiving the waste shipment. (II) The site identification number and treatability group of the waste at the initial point of generation. (III) The treatment standards applicable to the waste at the initial point of generation. (D) The certification must be signed by an authorized representative and 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 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 complies 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 CFR 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 CFR part 268, does not exhibit a hazardous characteristic identified in R 299.9212, the following materials are not subject to regulation under part 111 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 40 CFR 268.45, table 1. A person that claims this exclusion in an enforcement action has the burden of proving, by clear and convincing evidence, that the material meets all 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 CFR 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)(i) 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 because 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. Editor's Note: An obvious error in R 299.9203 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.