Final Authorization of State Hazardous Waste Management Program Revision: Michigan
Federal Register: March 2, 2010 (Volume 75, Number 40)
Rules and Regulations
Page 9345-9357
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr02mr10-6
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271
Docket No. EPA-R05-RCRA-2009-0762; FRL-9121-2
Michigan: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is granting Michigan final authorization of the changes to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). EPA published a proposed rule on October 9, 2009, at 74 FR 52161 and provided for public comment. The public comment period ended on November 16, 2009. We received comments from one commenter. No further opportunity for comment will be provided. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization and authorizing the State's changes through this final action. This final rule authorizes Michigan for new regulations which they have not been previously authorized for.
DATES: The final authorization will be effective on March 2, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-RCRA-2009-0762. All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some of the information is not publicly available, e.g., Confidential
Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically at http://www.regulations.gov or in hard copy. You may view and copy
Michigan's application from 9 a.m. to 4 p.m. (local time), at the following addresses: U.S. Environmental Protection Agency, Region 5, 77
West Jackson Blvd., Chicago, Illinois, contact: Judith Greenberg, (312) 886-4179; or Michigan Department of Natural Resources and Environment,
Waste and Hazardous Materials Division, Constitution Hall, 4th Floor, 525 West Allegan Street, Lansing, Michigan (mailing address P.O. Box 30241, Lansing, Michigan 48909), contact Ronda Blayer, (517) 373-9548.
FOR FURTHER INFORMATION CONTACT: Ms. Judith Greenberg, Michigan
Regulatory Specialist, RCRA Programs Section (LR-8J), Land and
Chemicals Division, U.S. Environmental Protection Agency, 77 West
Jackson Blvd., Chicago, Illinois 60604, (312) 886-4179, or e-mail greenberg.judith@epa.gov.
SUPPLEMENTARY INFORMATION:
-
Why are revisions to State programs necessary?
States which have received final authorization from EPA under RCRA
Section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, States must change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.
Page 9346
-
What decisions have we made in this rule?
We conclude that Michigan's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we are granting Michigan final authorization to operate its hazardous waste program with the changes described in the authorization application. Michigan has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, EPA will implement those requirements and prohibitions in Michigan, including issuing permits, until the State is granted authorization to do so.
-
What is the effect of this authorization decision?
The effect of this decision is that a facility in Michigan subject to RCRA will now have to comply with the authorized State requirements instead of the equivalent Federal requirements in order to comply with
RCRA. Michigan has enforcement responsibilities under its State hazardous waste program for violations of such program, but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which includes, among others, authority to: 1. Do inspections and require monitoring, tests, analyses, or reports; 2. Enforce RCRA requirements and suspend or revoke permits; and 3. Take enforcement actions regardless of whether the State has taken its own actions.
This action does not impose additional requirements on the regulated community because the regulations for which Michigan is being authorized by today's action are already effective and are not changed by today's action.
-
Proposed Rule
On October 9, 2009 (74 FR 52161), EPA published a proposed rule. In that rule we proposed granting authorization of changes to Michigan's hazardous waste program and opened our decision to public comment. The agency received comments from one individual who questioned whether EPA impermissibly adopted rules promulgated pursuant to non-HSWA authority and rules promulgated as ``less stringent than HSWA,'' including the
RCRA Burden Reduction Initiative (Revision Checklist 213). The commenter argued that, through RCRA, Congress has barred EPA and authorized States from promulgating regulations that are less stringent than HSWA. HSWA changed many aspects of hazardous waste management under RCRA. The legislative history of HSWA (98 Cong. Senate Report 284, HSW Leg. Hist. 30, pages 6-7) explains, in part:
``These amendments also recognize that safe disposal, storage and treatment opportunities are limited and that the most effective way to protect human health and the environment is to minimize the opportunities for exposure by reducing or eliminating the generation of hazardous waste as expeditiously as possible. Rather than creating a rigorous regulatory program, provisions are included to encourage generators to voluntarily reduce the quantity and toxicity of all wastes. The amendments do not authorize the EPA or any other organization or person to intrude into the production process or production decisions of individual generators. Taken as a whole, the reported bill emphasizes two concepts. First, wherever feasible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible. Second, waste that is nevertheless generated should be treated, stored, or disposed of so as to minimize the present and future threat to human health and the environment.''
After passage of HSWA, EPA distinguished rules promulgated by EPA pursuant to the new HSWA authority from rules promulgated pursuant to the authority that pre-dated, but was not supplanted by, HSWA: EPA referred to the latter as ``non-HSWA'' rules. The issue of which authority, HSWA or non-HSWA, EPA exercises in each EPA rulemaking is distinguishable from EPA's determination of whether a new authority is
``more stringent'' or ``less stringent'' than the regulations that had been promulgated earlier and are being revised. EPA explains the authority it is using, HSWA or non-HSWA, in each rulemaking. That explanation is generally found in the Federal Register notice for each proposed and final rule in the discussion of how the regulatory changes will be administered and enforced in the State.
Regulations determined to be ``more stringent'' under HSWA or non-
HSWA authority are regulations which each State must adopt to retain authorization for its hazardous waste program. HSWA regulations are not all ``more stringent'' than the regulations promulgated under RCRA before HSWA. Nor did Congress require all HSWA regulations to be more stringent; nothing in the statute, and no language in the legislative history, directs EPA to promulgate only ``more stringent'' provisions under HSWA authority.
Since the passage of HSWA, EPA has been highly selective when designating which new regulations will apply directly in every State immediately upon the effective date of the new regulations. When new regulations are promulgated under HSWA authority, those regulations characterized by EPA as more stringent apply directly in all States, including States with authorized hazardous waste programs, and such regulations are implemented and enforced directly and immediately by
EPA until the State is authorized to implement and enforce those regulations. Once those regulations are authorized as a part of the
State hazardous waste program, they become the Federally enforceable requirements in that State.
The commenter questioned whether it was permissible for EPA to allow a State to adopt rules promulgated by EPA as ``less stringent than HSWA.'' EPA exercises discretionary authority as provided by
Congress in section 2002 of RCRA, 42 U.S.C. 6912, to regulate hazardous waste to protect human health and the environment and, barring explicit language in the statute, nothing in the act or amendments thereto prohibits EPA from promulgating new regulations that are ``less stringent'' or ``neutral'' relative to regulations that were promulgated earlier. If EPA promulgates new regulations to replace existing regulations, the newer regulations are, upon their effective date, the Federal requirements against which a State program is compared when reviewing a revision to an authorized State hazardous waste program. The ``less stringent'' requirements are the Federal requirements under RCRA in States without authorized hazardous waste programs. Those newer regulations which are less stringent than former regulations, may be, but are not required to be, adopted by States to retain an authorized hazardous waste program.
Section 3009 of RCRA, 42 U.S.C. 6929, bars a State from imposing less stringent requirements than those authorized under Subchapter III of RCRA respecting the same matter governed by such regulations. There is no bar prohibiting a State from imposing more stringent requirements and there is no bar prohibiting a State from adopting Federal requirements which are promulgated by EPA as less stringent or neutral requirements as compared to
Page 9347
regulations that were promulgated by EPA earlier. If a State adopts and is authorized for those ``less stringent'' Federal regulations, the
Federally enforceable RCRA requirements in the State are those newly authorized requirements.
Finally, the commenter questioned whether the RCRA Burden Reduction initiative impermissibly removed the manifest notification required to be sent to each State with the shipment of waste-derived fertilizers citing to sections 3002 and 3009 of RCRA, 42 U.S.C. 6922 and 6929.
Section 3002(a)(5) of RCRA, 42 U.S.C. 6922(a)(5), directs the
Administrator to promulgate regulations to establish standards applicable to generators as may be necessary to protect human health and the environment regarding the use of a manifest system and any other reasonable means necessary to assure that all hazardous waste generated is designated for treatment, storage, or disposal in, and arrives at, treatment, storage, or disposal facilities (except where waste was generated) for which a permit was issued. Pursuant to section 3009 of RCRA, 42 U.S.C. 6929 (and as is explained in more detail in the
RCRA Burden Reduction Initiative Final Rule (71 FR 16862)), no regulation adopted under RCRA can be construed to prohibit any State from requiring that the State be provided with a copy of each manifest used in connection with hazardous waste generated in that State or transported to a treatment, storage, or disposal facility within that
State. The Burden Reduction Initiative (BRI), which became effective as an optional rule on May 4, 2006, streamlines EPA's information collection requirements to ensure that only information actually needed and used to implement the RCRA program is collected while retaining the goals of protecting human health and the environment. EPA promulgated all of the rules included in Michigan's revisions pursuant to the authority granted to EPA by Congress under RCRA. Those rules, including the BRI rule, were finalized after full consideration of all comments submitted in a timely manner. By adopting the rules promulgated by EPA,
Michigan revised its hazardous waste program to be equivalent to and consistent with the Federal program. Pursuant to 42 U.S.C. 6926(b), EPA has the authority to authorize State programs that are equivalent to and consistent with the Federal program.
Changes in manifest requirements made to earlier Federal requirements by the BRI generally concern notice under the land disposal regulations at 40 CFR part 268. The BRI does not prohibit any
State from requiring a copy of a manifest. States were not required to adopt the BRI and States that do not adopt the BRI can require a copy of the manifest. A State is not barred from adopting the BRI by section 3009 of RCRA.
EPA believes the Agency has the necessary authority to promulgate the rules in the Federal program, including those in this revision to
Michigan's authorized hazardous waste program. Moreover, EPA believes that Michigan has the necessary authority to adopt the rules that are included in this revision of the Michigan authorized hazardous waste program.
-
What has Michigan previously been authorized for?
Michigan initially received final authorization on October 16, 1986, effective October 30, 1986 (51 FR 36804-36805), to implement the
RCRA hazardous waste management program. We granted authorization for changes to Michigan's program on November 24, 1989, effective January 23, 1990 (54 FR 48608); on January 24, 1991, effective June 24, 1991
(56 FR 18517); on October 1, 1993, effective November 30, 1993 (58 FR 51244); on January 13, 1995, effective January 13, 1995 (60 FR 3095); on February 8, 1996, effective April 8, 1996 (61 FR 4742); on November 14, 1997, effective November 14, 1997 (62 FR 61775); on March 2, 1999, effective June 1, 1999 (64 FR 10111); on July 31, 2002, effective July 31, 2002 (67 FR 49617); on March 9, 2006, effective March 9, 2006 (71
FR 12141), and on January 7, 2008 (73 FR 1077), effective January 7, 2008.
-
What changes are we authorizing with this action?
On September 26, 2008, Michigan submitted a complete program revision application seeking authorization of its changes in accordance with 40 CFR 271.21. We have determined that Michigan's hazardous waste management program revision satisfies all requirements necessary to qualify for final authorization. Therefore, we are granting Michigan final authorization for the following program changes:
Revision
Description of Federal
checklist Federal Register date
Analogous State authority requirement
\1\
and page
Non-wastewaters from Dyes and
206, 206.1 February 24, 2005, 70 R 299.9311, R 299.9413, and R 299.9627,
Pigments.
FR 9138; as amended
effective September 11, 2000. on June 16, 2005, 70 R 299.9204(2) and (2)(o)-(o)(v)(B), R
FR 35032.
299.9222, and R 299.11003(1)(i), (j), and
(u), and (2), effective March 17, 2008.
Uniform Hazardous Waste
207, 207.1 March 6, 2005, 70 FR
R 299.9601(1) and (2)(c) and (e),
Manifest.
10776; as amended on effective December 16, 2004.
June 16, 2005, 70 FR R 299.9102(z), R 299.9105(m) and (n); R 35037.
299.9207(3)(b)(i)-(ii); R 299.9304(1),
(1)(a) and (b), and (6); R 299.9305(1),
(1)(d) and (d)(i) and (e); R 299.9306(11) and (12); R 299.9307(3); R 299.9309(2)(c); R 299.9310(2) and (2)(c) and (3); R 299.9405(2)(f) and (g) and
(3)(d) and (f); R 299.9409(1)-(3) and
(5); R 299.9608(1), (2), and (5)-(8); R 299.9610(2) and (5); and R 299.11003(1)(k) and (l) and (n), effective March 17, 2008.
Methods Innovation; SW-846.... 208, 208.1 June 14, 2005, 70 FR
R 299.9211(1)(a) and (4), effective 34538; as amended on
February 15, 1989.
August 1, 2005, 70 FR R 299.9630 and R 299.9631, effective June 44150.
21, 1994.
R 299.9812(4), R 299.9813(4), and R 299.9814(5), effective October 15, 1996.
............
R 299.9212(1)(a), R 299.9230(2) and (3), R 299.9311, R 299.9413, R 299.9508(1)(b), R 299.9627, and R 299.9637, effective
September 11, 2000.
............
R 299.9601(1), (2)(h) and (3), R 299.9619(1) and (8), and R 299.9809(2)(b), effective December 16, 2004.
Page 9348
............
R 299.9203(1)(e); R 299.9212(1)(a) and
(a)(iv) and (2)(a) and (b); R 299.9227(3)(c) and (6); R 299.9504(4)(a) and (b), (15) and (21); R 299.9615; R 299.9808(8) and (10); R 299.11001; R 299.11002; R 299.11003(1)(h), (i), (j),
(m), (p), (r), (t), (u), (v); and R 299.11005(1), (2), (4), (5) and (7), effective March 17, 2008.
Mercury Containing Equipment..
209 August 5, 2005, 70 FR R 299.9109(g), (i), and (j), effective 45508.
September 11, 2000.
............
R 299.9101(r); R 299.9228(1)(c)-(f); (2),
(2)(h) and (i), (4)(a) and (d), (5)(b), and (11); R 299.9503(1)(j); and R 299.11003(1)(w), effective March 17, 2008.
Revision of Wastewater
211 October 4, 2005, 70 FR R 299.9203(1)(c)(i) and (c)(i)(D) and (E),
Treatment Exemptions for
57769.
(c)(ii) and (c)(ii)(A)-(O), (c)(iv) and
Hazardous Waste Mixtures--
(c)(iv)(A)-(G), (c)(vi), and (c)(vii),
``Headworks Exemption''.
effective March 17, 2008.
NESHAP: Final Standards for
212 October 12, 2005, 70
R 299.9508(1) and (1)(b), effective
Hazardous Waste Combusters
FR 59402.
September 11, 2000.
(Phase I Final Replacement
R 299.9601(2)(i), effective December 16,
Standards and Phase II).
2004.
R 299.9504(4), (12), (13), (20) and (21);
R 299.9519(5)(k), (l) and (l)(i)-(iv) and
(6); R 299.9521(3)(c) and (6); R 299.9623(2) and (3); R 299.9624
(rescinded); R 299.9625 (rescinded); R 299.9626 (rescinded); R 299.9640(1), (2),
(4) and (5); R 299.9808(4), (5)(b) and
(d), (8) and (10); R 299.11001(1) and
(3); and R 299.11003(1)(v), effective
March 17, 2008.
Burden Reduction Initiative...
213 April 4, 2006, 71 FR
R 299.9618, effective December 28, 1985. 16862.
............
R 299.9631 and R 299.9632(1) and (3), effective June 21, 1994.
............
R 299.9617(1) and (3), effective October 15, 1996.
............
R 299.9311, R 299.9413, R 299.9508(1)(a),
(b) and (d) and (5), R 299.9627, and R 299.9638(1) and (4), effective September 11, 2000.
............
R 299.9502(7); R 299.9601(2)(b), (d), and
(f)-(h), (3) and (9); R 299.9614(1)(a) and (2); R 299.9619(1) and (8); R 299.9626(10); and R299.9703(5), effective
December 16, 2004.
............
R 299.9204(1)(u)(v)(A)-(C) and (10)(i); R 299.9504(1), (3), (14), (17), (19) and
(20); R 299.9519(5)(m); R 299.9605(1) and
(4); R 299.9607(1) and (4); R 299.9609(1)(a) and (5); R 299.9612(1) and
(2); R 299.9613(1), (3)-(5) and (7); R 299.9615(1) and (7); R 299.9623(4) and
(11); R 299.9629(10); R 299.9710(6) and
(16); R 299.9808(8) and (10); and R 299.11003(1)(h), (m), (n), (p), (r), (u) and (v), effective March 17, 2008.
Corrections to Errors in the
214 July 14, 2006, 71 FR
Michigan Compiled Laws 324.11148,
Code of Federal Regulations.
40254.
effective September 1, 1998.
............
R 299.9618, effective December 28, 1985.
............
R 299.9702 and R 299.9704, effective April 20, 1988.
............
R 299.9628(1) and (4), effective November 19, 1991.
............
R 299.9217, R 299.9630, R 299.9631, and R 299.9632(1) and (3), effective June 21, 1994.
............
R 299.9214(2) and (3), R 299.9617(1) and
(3), R 299.9812(3), (4) and (7), R 299.9813(3), (6) and (7), and R 299.9814(4), (5) and (8), effective
October 15, 1996.
............
R 299.9210(2), R 299.9312(1) and (3), R 299.9616(1) and (4), and R 299.9634, effective September 22, 1998.
............
R 299.9206(1)(b)-(d) and(2)-(5), R 299.9230(1)(a)(iii), (2) and (3), R 299.9311, R 299.9413, R 299.9605(1) and
(4), R 299.9627, R 299.9638(1) and (4), R 299.9701, R 299.9708(6), R 299.9709, R 299.9803(1)(d) and (e), (5) and (6), and
R 299.9804, effective September 11, 2000.
............
R 299.9106(b), (j), (m) and (w), R 299.9109(g) and (p), R 299.9202(2), R 299.9220, R 299.9601(2)(b), (g) and (h), and (3) and (9), R 299.9614(1)(a) and
(2), R 299.9619(1) and (8), R 299.9635(12)(d), (d)(ii) and (f), R 299.9639(5)(f), R 299.9703(8)(a), R 299.9706, R 299.9809(1)(f), (2)(b)(ii) and (3), and R 299.9815(2)(a), effective
December 16, 2004.
Page 9349
............
R 299.9104(p), R 299.9204(1)(x),
(2)(f)(ii), (2)(g) and (g)(iii)(A) and
(B) and (vi), (2)(k), (3) and (3)(b),
(7)(f) and (8)(a), R 299.9212(1)(c),
(6)(a) and (9), R 299.9222, R 299.9224, R 299.9225, R 299.9228(4)(a), (5)(b) and
(11), R 299.9309(1) and (4), R 299.9503(1)(c), R 299.9504(1)(e) and (g) and (17), R 299.9519(4) and (9)(a), R 299.9605(1) and (4), R 299.9612, R 299.9613(1), (4), (5) and (7), R 299.9615(1) and (7), R 299.9623(4) and
(5), R 299.9705(5) and (6), R 299.9710(3)(a) and (e), (6), (10) and
(17)(a), R 299.9808(4), (8) and (10), and
R 299.11003(1)(h)-(k), (m), (n), (p),
(q), (t), (u), (v), (w) and(x), effective
March 17, 2008.
Cathode Ray Tubes Rules.......
215 July 28, 2006, 71 FR
R 299.9102(b), (w), (x) and (y), R 42928.
299.9109(x) and (y), R 299.9204(1)(z)(i)-
(iv), R 299.9230, R 299.9231, and R 299.11003(1)(i), effective March 17, 2008.
\1\ Revision Checklists generally reflect changes to Federal regulations pursuant to a particular Federal
Register notice; EPA publishes these checklists as aids to States to use for development of their authorization revision application. See EPA's RCRA State Authorization Web Page at http://www.epa.gov/epawaste/ laws-regs/state/index.htm.
Equivalent State-Initiated Changes
Effective date(s) of State-
State requirement
initiated
Description of change modification
MAC R 299.9101(a)
10/15/1996....... Words ``is able to
``Aboveground tank''.
be'' changed to
``and can be.''
MAC R 299.9101(b) ``Act''..... 12/16/2004....... Words ``Act No. 451 of the Public Acts of 1994, as amended, being 324.101 et seq. of the Michigan
Compiled Laws'' changed to ``1994 PA 451 Sec. 324.101.''
MAC R 299.9101(c) ``Act 138''. 12/16/2004....... Same as above.
MAC R 299.9101(d) ``Act 181''. 12/16/2004....... Same as above.
MAC R 299.9101(e) ``Act 207''. 12/16/2004....... Same as above.
MAC R 299.9101(f) ``Act 218''. 12/16/2004....... Same as above.
MAC R 299.9101(g) ``Act 236''. 12/16/2004....... Same as above.
MAC R 299.9101(h) ``Act 300''. 12/16/2004....... Same as above.
MAC R 299.9101(i) ``Act 306''. 12/16/2004....... Same as above.
MAC R 299.9101(j) ``Act 368''. 12/16/2004....... Same as above.
MAC R 299.9101(k) ``Act 399''. 12/16/2004....... Same as above.
MAC R 299.9101(o)
12/16/2004....... Words ``United States
``Administrator''.
EPA'' changed to
``EPA.''
MAC R 299.9101(x) ``Authorized 6/21/1994,
Word ``of'' changed representative''.
renumbered as
to ``who has'' and
(x) effective 3/ word 17/2008.
``responsibility'' changed to
``responsibilities.'
'
MAC R 299.9101(x) ``Boiler''.. 12/16/2004,
Words ``the renumbered as
provisions of''
(z) effective 3/ deleted. 17/2008.
MAC R 299.9102(a) ``CERCLA''.. 6/21/1994,
Term added; term is renumbered as
used elsewhere in
(c) effective 3/ the rules. 17/2008.
MAC R 299.9102(e) ``Closed
10/15/1996,
Word ``that'' changed portion''.
renumbered as
to ``the'' and word
(h) effective 3/ ``which'' changed to 17/2008.
``that.''
MAC R 299.9102(g)
10/15/1996,
Term added; term is
``Commingling''.
renumbered as
used in Part 3 of
(j) effective 3/ the rules. 17/2008.
MAC R 299.9102(h)
10/15/1996,
Word ``the''
``Component''.
renumbered as
inserted.
(k) effective 3/ 17/2008.
MAC R 299.9102(g) ``Confined 6/21/1994,
Words ``that is,'' aquifer''.
renumbered as
``it is'' and
(l) effective 3/ ``that'' inserted, 17/2008.
word ``of'' changed to ``that have a'' and word
``containing'' changed to
``contains.''
MAC R 299.9102(k)
10/15/1996,
Term added; term is
``Consolidation''.
renumbered as
used in Part 3 of
(n) effective 3/ rules. 17/2008.
MAC R 299.9102(n)
12/16/2004,
Words ``the
``Constituent''.
renumbered as
provisions of''
(o) effective 3/ deleted. 17/2008.
MAC R 299.9102(m)
10/15/1996,
Modified to reflect
``Construction permit''.
renumbered as
the recodification
(p) effective 3/ of the former Act 64 17/2008.
into Part 111 of Act 451.
MAC R 299.9102(m) ``Corrosion 6/21/1994,
Words ``such as'' expert''.
renumbered as
deleted and word
(v) effective 3/ ``the'' inserted. 17/2008.
MAC R 299.9103(b) ``Element''. 12/16/2004....... Word ``constituent'' deleted.
MAC R 299.9103(c)(i)
12/16/2004....... Words ``the
``Elementary neutralization
provisions of'' unit''.
deleted.
MAC R 299.9103(e) ``EPA
10/15/1996,
Word ``which'' acknowledgment of consent''. renumbered as
inserted.
(g) effective 12/ 16/2004.
MAC R 299.9103(g) ``EPA
12/16/2004....... Term deleted identification number''
(replaced with term
(deleted).
``Site identification number'').
MAC R 299.9103(h) ``EPA
12/16/2004....... Words ``the region''.
provisions of'' deleted.
MAC R 299.9103(i) ``Equivalent 12/16/2004....... Words ``the method''.
provisions of'' deleted.
MAC R 299.9103(m) ``Existing 12/16/2004....... Words ``the portion''.
provisions of'' deleted.
MAC R 299.9103(n) ``Existing 12/16/2004....... Word ``will'' changed tank system''.
to ``shall.''
Page 9350
MAC R 299.9103(q) ``Federal
6/21/1994,
Public Law citation hazardous materials
renumbered as
changed from transportation act''.
(x) effective 12/ ``89-670'' to ``93- 16/2004.
633.''
MAC R 299.9103(s) ``Facility 12/16/2004....... Words ``in accordance mailing list''.
with the provisions of'' changed to
``pursuant to.''
MAC R 299.9103(v)
6/21/1994,
Word ``which''
``Floodplain''.
renumbered as
changed to ``that.''
(bb) effective 12/16/2004.
MAC R 299.9103(x)
6/21/1994,
Word ``therein''
``Freeboard''.
renumbered as
changed to ``in the
(ff) effective
tank or surface 12/16/2004.
impoundment dike.''
MAC R 299.9103(y) ``Free
6/21/1994,
Word ``which'' liquids''.
renumbered as
changed to ``that''
(gg) effective
and word ``under'' 12/16/2004.
changed to ``at.''
MAC R 299.9103(bb) ``Final
12/16/2004....... Words ``in accordance closure''.
with the provisions of'' changed to
``pursuant to'' and words ``the provisions of'' deleted.
MAC R 299.9104(f) and (f)(i)- 10/15/1996....... Word ``is'' changed
(viii) ``Hazardous waste
to ``means.'' management unit''.
MAC R 299.9104(g) ``Hazardous 6/21/1994........ Word ``which'' waste number''.
changed to ``that.''
MAC R 299.9104(m) ``Inactive 6/21/1994........ Word ``which'' portion''.
changed to ``that.''
MAC R 299.9104(o) ``In-ground 6/21/1994,
Word ``specified'' tank''.
renumbered as
inserted, word
(t) effective 9/ ``whereby'' changed 11/2000.
to ``and which has,'' words ``the tank'' changed to
``its,'' word ``is'' deleted, word
``that'' changed to
``the,'' and word
``tank'' changed to
``devise.''
MAC R 299.9105(c) ``Landfill 10/15/1996,
Word ``which'' cell''.
renumbered as
changed to ``that.''
(d) effective 12/ 16/2004.
MAC R 299.9105(q) ``Military 12/16/2004....... Words ``any of the munitions''.
following'' inserted.
MAC R 299.9106(c) ``On-site
10/15/1996....... Words ``which is'' treatment facility''.
and ``and'' inserted and word ``those'' changed to ``the.''
MAC R 299.9106(e) ``Operating 12/16/2004....... Words ``pursuant to'' license''.
changed to
``under.''
MAC R 299.9106(h) ``Partial
12/16/2004....... Words ``in accordance closure''.
with'' changed to
``pursuant to.''
MAC R 299.9106(r) ``Primary
12/16/2004....... Words ``in accordance exporter''.
with'' changed to
``pursuant to.''
MAC R 299.9106(u)(ii)
12/16/2004....... Word ``the'' deleted.
``Processing''.
MAC R 299.9107(i) ``Remedial 12/16/2004....... Words ``the action plan''.
provisions of'' deleted.
MAC R 299.9107(q) ``Scrap
12/16/2004....... Word ``can'' changed metal''.
to ``may.''
MAC R 299.9107(s) ``Site
12/16/2004....... New term added to identification number''.
replace removal of
``EPA identification number.''
MAC R 299.9107(z)
12/16/2004....... Word ``it'' changed
``Speculative accumulation''.
to ``material,'' words ``can show'' changed to ``shows that,'' and words
``requirements are met'' inserted.
MAC R 299.9107(bb) ``Staging 12/16/2004....... Words ``in accordance pile''.
with the requirements of'' changed to
``pursuant to.''
MAC R 299.9107(dd) ``Sump''... 9/11/2000,
Word ``subsequent'' renumbered as
changed to
(ee) effective
``later.'' 12/16/2004.
MAC R 299.9108(a) ``Tank''.... 6/21/1994........ Word ``which'' changed to ``that'' and word ``and'' added.
MAC R 299.9108(c) ``Thermal
6/21/1994,
Word ``which'' treatment''.
renumbered as
changed to ``that''
(d) effective 9/ word ``the'' changed 11/2000.
to ``all of the.''
MAC R 299.9108(g) ``Totally
9/11/2000........ Word ``thereof'' enclosed treatment facility''.
deleted and words
``of a hazardous waste'' added.
MAC R 299.9108(k)
6/21/1994,
Word ``which''
``Treatment''.
renumbered as
changed to ``that''
(m) effective 9/ and word ``the'' 11/2000.
changed to ``all of the.''
MAC R 299.9108(n) ``Trial
6/21/1994,
Word ``under'' burn''.
renumbered as
deleted and words
(p) effective 9/ ``pursuant to the'' 11/2000.
inserted.
MAC R 299.9108(o) ``Trial
6/21/1994,
Word ``under'' operation''.
renumbered as
deleted and words
(q) effective 9/ ``that is'' and 11/2000.
``pursuant to'' inserted.
MAC R 299.9109(b)
6/21/1994........ Word ``specified''
``Underground tank''.
inserted, word
``the'' changed to
``and which has its,'' and words
``of which is'' deleted.
MAC R 299.9109(g) ``Uppermost 6/21/1994,
Word ``this'' changed aquifer''.
renumbered as
to ``the.''
(n) effective 9/ 11/2000.
MAC R 299.9109(l) ``Vessel''.. 6/21/1994,
Words ``includes renumbered as
every description
(ee) effective 9/ of'' changed to 11/2000.
``means'' and word
``which'' changed to
``that.''
MAC R 299.9109(n) ``Waste''... 6/21/1994,
Words ``that is'' renumbered as
added.
(gg) effective 9/ 11/2000.
MAC R 299.9109(hh) ``Waste
9/11/2000........ Word ``then'' management area''.
inserted and word
``one'' changed to
``1.''
MAC R 299.9109(p) and (p)(i)- 6/21/1994,
Word ``which''
(iii) ``Wastewater treatment renumbered as
changed to ``that,'' unit''.
(ii) and (ii)(i)- word ``under''
(ii) effective 9/ changed to 11/2000.
``pursuant to the provisions of,'' and words ``or `tank system' specified'' inserted.
MAC R 299.9109(q) ``Water
6/21/1994,
Word ``which''
(bulk shipment)''.
renumbered as
changed to ``that.''
(jj) effective 9/ 11/2000.
MAC R 299.9109(r) ``Well''.... 6/21/1994,
Words ``which is'' renumbered as
added.
(kk) effective 9/ 11/2000.
Page 9351
MAC R 299.9109(kk) ``Wetland'' 10/15/1996,
Words ``No. 203 of renumbered as
the Public acts of
(ll) effective 9/ 1979, as amended, 11/2000.
being Sec. 281.701 et seq. of the
Michigan Compiled
Laws'' deleted and words ``part 303 of the'' inserted, and word ``those'' changed to ``the.''
MAC R 299.9109(t) ``Zone of
6/21/1994,
Word ``that'' deleted engineering control''.
renumbered as
and words ``which
(mm) effective 9/ is'' and ``and 11/2000.
which'' inserted.
MAC R 299.9201(1) and (2)..... 9/22/1998........ Modified to reflect the fact that sections 47 and 4 of the former Hazardous
Waste Management
Act, 1979 PA 64, as amended (Act 64) have been recodified in sections 48 and 3 of Part 111,
Hazardous Waste
Management, of Act 451, respectively.
MAC R 299.9202(1)(b), (v)(A) 10/15/1996....... Word ``which'' and (B); (2) and (2)(e); (3);
changed to ``that.''
(4); and (5).
MAC R 299.9202(1)(b)(i), (iv). 10/15/1996....... Words ``one of the materials'' changed to ``a material.''
MAC R 299.9202(1)(b)(i)(B) and 9/11/2000........ Word ``products''
(ii).
changed to
``product,'' word
``are'' changed to
``is,'' word
``wastes'' changed to ``waste,'' words
``they are'' changed to ``it is,'' and word ``their'' changed to ``its.''
MAC R 299.9202(1)(b)(v)....... 10/15/1996....... Word ``other'' changed to ``is another.''
MAC R 299.9202(1)(b)(v)(A).... 10/15/1996....... Words ``which are'' inserted, words
``these constituents'' deleted, and word
``which'' inserted.
MAC R 299.9202(1)(b)(vi)...... 12/16/2004....... Words ``in accordance with'' changed to
``pursuant to.''
MAC R 299.9202(6)(a).......... 12/16/2004....... Reference to R 299.9107 corrected.
MAC R 299.9202(7)............. 12/16/2004....... Words ``the provisions of'' deleted.
MAC R 299.9203(1) and (1)(b); 12/16/2004....... Words ``the
(2) and (2)(b); (4)(b);
provisions of''
(5)(a) and (b); and (6).
deleted.
MAC R 299.9203(4)(c)(iii) and 12/16/2004....... Word ``one'' changed
(6)(a).
to ``1.''
MAC R 299.9203(4)(c)(iii)(B).. 9/11/2000........ Words ``by the person claiming the exclusion'' inserted.
MAC R
12/16/2004....... Word ``EPA'' changed 299.9203(4)(c)(iii)(C)(2).
to ``site.''
MAC R 299.9203(4)(e).......... 3/17/2008........ Words ``1 or more'' changed to ``either or both.''
MAC R 299.9204(1), (4) and (6) 10/15/1996....... Modified to reflect the recodification of the former Act 64 into Part 111 of Act 451.
MAC R 299.9204(1)(b), (n),
12/16/2004....... Words ``the
(u)(iv); (2)(a), (i) and (l);
provisions of''
(7) and (7)(c)(ii), (d), and
deleted.
(e)(iii)(B); (8); (9);
(10)(b), (g)(i) and (vii) and
(j); and (11).
MAC R 299.9204(1)(f) and (g).. 12/16/2004....... Reference to R 299.9107 corrected.
MAC R 299.9204(1)(h)(iv)...... 6/21/1994........ Word ``constituting'' changed to ``that constitutes.''
MAC R 299.9204(1)(i) and (j).. 10/15/1996....... Word ``that'' changed to ``which'' and word ``which'' inserted.
MAC R 299.9204(1)(k).......... 10/15/1996....... Word ``if'' inserted, words ``provided it is shipped'' deleted, words ``the residue'' inserted, words ``is shipped,'' and word
``is'' inserted.
MAC R 299.9204(1)(n).......... 12/16/2004....... Word ``U.S.'' deleted and ``subsequent to'' changed to
``after.''
MAC R 299.9204(2)(b).......... 10/15/1996....... Word ``soils'' changed to ``soil.''
MAC R 299.9204(2)(g)(ix)...... 3/17/2008........ Based on a petition from the United
States Postal
Service (USPS), ink generated by the
USPS in its automated facer canceled systems was added to the list of wastes not considered hazardous wastes for the purposes of Part 111 of Act 451 and its rules provided the requirements of subrule (g) of the rule are met.
MAC R 299.9204(2)(h).......... 12/16/2004....... Words ``of this subrule'' deleted.
MAC R 299.9204(2)(h)(ii)...... 12/16/2004....... Word ``will'' changed to ``shall.''
MAC R 299.9204(7)(f).......... 3/17/2008........ Revised to be consistent with the new language in R 299.9308(1).
MAC R 299.9205(1)(c);
12/16/2004....... Words ``the
(2)(b)(i) and (b)(vi)-(x) and
provisions of''
(d); (3)(a) and (b);
deleted.
(4)(a)(i), (ii), and (v),
(xi), (b)(i) and (ii);
(5)(a), (e), and (g)-(i).
MAC R 299.9205(2)............. 12/16/2004....... Words ``(7), (8), and
(9)'' changed to
``(6) and (7)'' and words ``the provisions of'' deleted.
MAC R 299.9205(2)(b)(ii) and 10/15/1996....... Word ``which''
(iii).
changed to ``that,'' words ``permitted or licensed'' changed to ``in compliance with the applicable requirements,'' words ``pursuant to the provisions'' deleted, and words
``act 641, act 245, or act 348'' changed to ``parts 31, 55 and 115 of the act.''
MAC R 299.9205(2)(b)(xi)...... 12/16/2004....... Words ``in accordance with the provisions of'' changed to
``pursuant to'' and
``the provisions of'' deleted.
MAC R 299.9205(4)(a)(ix)(C)(2) 12/16/2004....... Word ``EPA'' changed to ``site.''
Page 9352
MAC R 299.9205(4)(a)(xii) and 12/16/2004....... Words ``Except as
(4)(b)(iv).
otherwise noted in this paragraph'' inserted, words ``in accordance with the provisions of'' changed to
``pursuant to'' and new sentence allowing municipal household waste collection programs to accumulate conditionally exempt small quantity generator waste on- site for not more than 1 year.
MAC R 299.9205(4)(a)(xiii).... 12/16/2004....... Words ``in accordance with the provisions of'' changed to
``pursuant to.''
MAC R 299.9205(4)(a)(xiv)..... 12/16/2004....... Word ``one'' changed to ``1.''
MAC R 299.9205(4)(b)(iv)...... 12/16/2004....... Word ``in accordance with the provisions of'' changed to
``pursuant to,'' words ``except for a municipal household waste collection program'' inserted, and word ``in'' inserted.
MAC R 299.9212(1)(d) and
12/16/2004....... Words ``the
(6)(a).
provisions of'' deleted.
MAC R 299.9212(3)(h).......... 12/16/2004....... Words ``the provisions of'' deleted and word
``are'' changed to
``is.''
MAC R 299.9212(7)............. 12/16/2004....... Words ``the provisions of'' deleted and word
``will'' changed to
``shall.''
MAC R 299.9227(4)............. 3/17/2008........ Word ``all'' changed to ``both.''
MAC R 299.9227(5)(l).......... 3/17/2008........ Word ``MAC'' deleted.
MAC R 299.9228(1) and (1)(a); 12/16/2004....... Words ``in accordance
(2)(a), (d), (e), (f)(i)(A)
with'' deleted, and (B), (g); (3);
words ``pursuant
(4)(c)(iii)(B); and (5)(d)
to'' inserted, word and (e); (8); and (9).
``then'' inserted, word ``subrule'' inserted, words
``shall be complied with'' deleted, and words ``the requirements of'' deleted.
MAC R 299.9303(1)-(4)......... 12/16/2004....... Word ``EPA'' deleted and word ``site'' inserted, words ``in accordance with the provisions of'' changed to
``pursuant to'' and word ``to'' inserted.
MAC R 299.9306(1) and (5)..... 12/16/2004....... Words ``(4), (5), and
(6)'' changed to
``(4), (5), (6),
(7), (8), (9), and
(10)'' and words ``a construction permit or' inserted.
MAC R 299.9306(1)(a), (a)(ii)- 12/16/2004....... Words ``in accordance
(iii), (d) and (f).
with'' changed to
``pursuant to.''
MAC R 299.9306(1)(a)(i)....... 12/16/2004....... Words ``the provisions of'' deleted and language added regarding alternatives to the 50-foot setback requirement for certain container storage in situations where the generator is unable to comply with this provision or the appropriate authority determines that an alternative arrangement would be more protective of human health and the environment.
MAC R 299.9306(1)(d)(ii) and 12/16/2004....... Word ``EPA'' changed
(4)(i)(iii)(B).
to ``site.''
MAC R 299.9306(2)............. 12/16/2004....... Words ``construction permit or an operating'' inserted, and word
``the provisions of'' deleted.
MAC R 299.9306(4)............. 12/16/2004....... Words ``the provisions of'' deleted and words
``a construction permit or'' inserted.
MAC R 299.9306(4)(b)(i)-(iii) 12/16/2004....... Words ``the and (4)(k).
provisions of'' deleted.
MAC R 299.9306(4)(e).......... 12/16/2004....... Words ``the provisions of'' and
``the requirements of'' deleted.
MAC R 299.9306(5)............. 12/16/2004....... Words ``a construction permit or'' inserted, words
``the provisions of'' deleted, and words ``the requirements of'' deleted.
MAC R 299.9306(7)(g).......... 3/17/2008........ Word ``with'' deleted.
MAC R 299.9307(1)............. 12/16/2004....... Words ``in accordance with'' changed to
``pursuant to.''
MAC R 299.9307(4)............. 3/17/2008........ Words ``the data submitted under R 299.9308(1)'' inserted and words
``each biennial report'' deleted.
MAC R 299.9307(5)............. 12/16/2004....... Words ``the provisions of'' deleted.
MAC R 299.9307(7)............. 12/16/2004....... Words ``subrules (2) and (4)'' changed to
``subrule (4).''
MAC R 299.9308(1) and (2)..... 3/17/2008........ Wording modified to reflect how information typically required in a biennial report is actually collected in
Michigan.
MAC R 299.9309(2)(a) and (b).. 12/16/2004....... Word ``EPA'' changed to ``site.''
MAC R 299.9309(2)(g)(i) and
12/16/2004....... Words ``in accordance
(ii) and (2)(i).
with the provisions of'' changed to
``pursuant to.''
MAC R 299.9310(1)............. 12/16/2004....... Words ``the requirements of'' deleted.
MAC R 299.9310(2)(a).......... 12/16/2004....... Word ``EPA'' changed to ``site.''
MAC R 299.9401(1) and (5)
12/16/2004....... Words ``the
(renumbered from (6) to (5)).
provisions of'' deleted.
MAC R 299.9401(4)............. 12/16/2004....... Words ``the requirements of'' deleted.
MAC R 299.9401(6) (renumbered 12/16/2004....... Words ``in accordance from (7) to (6).
with'' changed to
``pursuant to.''
MAC R 299.9402................ 12/16/2004....... Words ``an EPA'' changed to ``site'' and words ``from the administrator'' deleted.
MAC R 299.9404(2)(b)(i)....... 3/17/2008........ Word ``EPA'' changed to ``site.''
Page 9353
MAC R 299.9405................ 10/15/1996....... Entire rule modified to provide more consistency with the regulations codified in 49 CFR.
MAC R 299.9405(3)(b)(i)....... 3/17/2008........ Word ``EPA'' changed to ``site.''
MAC R 299.9410(1)(f).......... 9/11/2000........ Word ``whether'' changed to ``if.''
MAC R 299.9410(2)............. 12/16/2004....... Word ``EPA'' changed to ``site.''
MAC R 299.9410(3)(a)-(c)...... 12/16/2004....... Words ``the provisions of'' deleted.
MAC R 299.9501(3) and (4)..... 10/15/1996....... Modified to reflect the recodification of the former Act 64 into Part 111 of Act 451.
MAC R 299.9502(1) and (1)(b); 12/16/2004....... Words ``the
(2) and (2)(a), (b)(i) and
provisions of''
(i)(C), (E) and (ii); (3)(a);
deleted.
(5); (6); (8); (9); (10); and
(13).
MAC R 299.9502(2)(b)(i)(A),
12/16/2004....... Words ``in accordance
(B) and (E).
with the provisions of'' changed to
``pursuant to.''
MAC R 299.9502(3)............. 12/16/2004....... Word ``the'' deleted.
MAC R 299.9502(10)............ 12/16/2004....... Words ``the provisions of'' deleted and words
``in accordance with'' changed to
``pursuant to.''
MAC R 299.9502(11)(c)......... 12/16/2004....... Word ``regulations'' changed to
``regulation.''
MAC R 299.9503(1), (2), (3), 10/15/1996....... Modified to reflect and (4).
the recodification of the former Act 64 into Part 111 of Act 451.
MAC R 299.9503(1)(a).......... 10/15/1996....... Words ``parts 31, 55, and 115 of the'' and words ``641, act 348, or act 245'' deleted.
MAC R 299.9503(1)(f).......... 10/15/1996....... Words ``as applicable'' inserted and words
``both of'' deleted.
MAC R 299.9503(1)(i)(x)....... 3/17/2008........ Reference to R 299.9603(1)(b) to
(f) corrected.
MAC R 299.9503(4)(c).......... 10/15/1996....... Words ``part 31, 111, or 201 of the'' inserted and words
``307, act 64, act 245'' deleted.
MAC R 299.9504(1)(b)-(c), (2), 12/16/2004....... Word ``by'' changed and (16).
to ``pursuant to.''
MAC R 299.9504(1)(d), (2),
12/16/2004....... Words ``by the
(3), and (14).
provisions of'' changed to
``pursuant to.''
MAC R 299.9504(1)(f), (18),
12/16/2004....... Words ``the and (19).
requirements of'' deleted.
MAC R 299.9504(1)(h).......... 3/17/2008........ Provision added so that the agency can see how public comments were addressed and how applications were revised earlier in the construction permit application process.
MAC R 299.9504(4)(b) and
12/16/2004....... Words ``the
(11)(b).
provisions of'' deleted.
MAC R 299.9504(4)(b)(ii)...... 12/16/2004....... Word ``R 299.9623'' changed to ``40
C.F.R. Sec. 264.343.''
MAC R 299.9504(5)(a).......... 10/15/1996....... Word ``all'' changed to ``any.''
MAC R 299.9504(5)(a)(v) and
10/15/1996....... Subrule (b) deleted
(b).
and new subrule
(5)(a)(v) added to provide clarification regarding the prohibition of dilution as a form of treatment for any hazardous wastes rather than just toxicity characteristic wastes.
MAC R 299.9504(5)(c)-(f)...... 12/16/2004....... Word ``whether'' changed to ``if.''
MAC R 299.9504(6)(a), (7)(a), 12/16/2004....... Words ``in the
(8)(a), (9) and (10).
provisions of'' changed to
``pursuant to.''
MAC R 299.9504(8)(c).......... 12/16/2004....... Words ``in accordance with the provisions of'' changed to
``pursuant to.''
MAC R 299.9506(2)............. 6/21/1994........ Word ``under'' changed to
``pursuant to the provisions of.''
MAC R 299.9506(2)(a).......... 6/21/1994........ Word ``such'' changed to ``the,'' words
``that are'' inserted, words
``all of'' inserted, and word ``this'' changed to ``the.''
MAC R 299.9506(2)(a)(i), (ii), 9/11/2000........ Word ``one'' changed
(iii)(B), (c), (d) and (f);
to ``1,'' word and (6)(a), (b), and
``two'' changed to
(b)(i)(D).
``2,'' word
``three'' changed to
``3,'' word ``five'' changed to ``5,'' word ``ten'' changed to ``10,'' word
``when'' changed to
``if,'' word
``method'' changed to ``methods,'' words ``subsequent to'' changed to
``following.''
MAC R 299.9506(2)(a)(ii)(C)
6/21/1994........ Word ``under'' and (6)(a)(iii).
changed to
``pursuant to.''
MAC R 299.9506(4)(d).......... 9/22/1998........ Modified to reflect the fact that the former Environmental
Response Act, 1982
PA 307 (Act 307), has been recodified in Part 201,
Environmental
Response, of Act 451.
MAC R 299.9506(6)............. 6/21/1994........ Words ``that is'' inserted.
MAC R 299.9506(6)(f).......... 6/21/1994........ Word ``such'' changed to ``the,'' words
``include consideration of'' changed to
``consider'' and word ``factors'' inserted.
MAC R 299.9506(8)............. 9/11/2000........ Word ``264.100'' deleted.
MAC R 299.9508(1)(c), (g) and 10/15/1996....... Words ``part 111 of''
(i).
inserted, and words
``section 22(3)''changed to
``section 23(3).''
MAC R 299.9509(1) and (2)..... 9/22/1998........ Modified to reflect the recodification of the former Act 64 into Part 111 of Act 451.
MAC R 299.9510(1)............. 9/22/1998........ Modified to reflect the recodification of the former Act 64 into Part 111 of Act 451.
Page 9354
MAC R 299.9513(1) and (3)(b).. 9/22/1998........ Modified to reflect the recodification of the former Act 64 into Part 111 of Act 451.
MAC R 299.9514(2)............. 12/16/2004....... Word ``when'' changed to ``if.''
MAC R 299.9514(2)(b).......... 12/16/2004....... Word ``might'' changed to ``may.''
MAC R 299.9514(2)(c).......... 12/16/2004....... Word ``by'' changed to ``pursuant to.''
MAC R 299.9514(4)............. 9/22/1998........ Modified to correct references to the provisions of R 299.9511 which have also been modified.
MAC R 299.9516(8)............. 10/15/1996....... Modified to reflect the recodification of the former Act 64 into Part 111 of Act 451.
MAC R 299.9517(1) and (2)(b).. 9/22/1998........ Modified to reflect the recodification of the former Act 64 into Part 111 of Act 451
MAC R 299.9518(1) and (2)(a) 9/22/1998........ Modified to reflect and (b).
the recodification of the former Act 64 into Part 111 of Act 451 and subrule
(2)(a) has been modified to reflect the fact that section 22 of the former Act 64 has been recodified in section 23 of Part 111 of Act 451.
MAC R 299.9519(1); (3)(a);
12/16/2004....... Words ``in accordance
(5); (6)(a)(v) and (b);
with the provisions
(9)(c); (10)(d); (12); and
of'' changed to
(13).
``pursuant to.''
MAC R 299.9519(2)............. 12/16/2004....... Words ``the provisions of'' deleted and words
``in accordance with the provisions of'' changed to
``pursuant to.''
MAC R 299.9519(3)(c) and (d).. 12/16/2004....... Words ``the provisions of'' deleted.
MAC R 299.9519(3)(e).......... 3/17/2008........ Word ``R 299.9521'' changed to
``R 299.9522.''
MAC R 299.9519(11)(a)......... 10/15/1996....... Modified to reflect the recodification of the former Act 64 into Part 111 of Act 451.
MAC R 299.9520(4)............. 9/22/1998........ Modified to reflect the recodification of the former Act 64 into Part 111 of Act 451 and the fact that section 48 of the former Act 64 has been recodified in section 51 of
Part 111 of Act 451.
MAC R 299.9521(3) and (3)(a).. 10/15/1996....... Modified to reflect the recodification of the former Act 64 into Part 111 of Act 451.
MAC R 299.9522(1)-(3)......... 9/22/1998........ Modified to reflect the recodification of the former Act 64 into Part 111 of Act 451.
MAC R 299.9601(2); (4); and
12/16/2004....... Words ``the
(5).
provisions of'' deleted.
MAC R 299.9601(2)(p).......... 12/16/2004....... Provision added requiring interim status facilities to comply with R 299.9639 for disposal of corrective action management unit- eligible waste in hazardous waste landfills.
MAC R 299.9601(3)(b).......... 12/16/2004....... Words ``the provisions of'' changed to
``pursuant to.''
MAC R 299.9601(7)............. 10/15/1996,
Word ``47'' changed renumbered as
to ``48'' and words
(8) effective 9/ ``part 111 of'' 11/2000.
inserted.
MAC R 299.9602(1)(a) and (c) 9/22/1998........ Modified to reflect and (2).
the fact that the former Water
Resources Commission
Act, 1929 PA 245
(Act 245), has been recodified in Part 31, Water Resources
Protection, of Act 451.
MAC R 299.9602(1)(b).......... 9/22/1998........ Modified to reflect the fact that the former Air Pollution
Control Act, 1956 PA 345 (Act 348), has been recodified in
Part 55, Air
Pollution Control, of Act 451.
MAC R 299.9603(1)(b).......... 9/22/1998........ Modified to reflect the fact that the former Act 245 has been recodified in
Part 31 of Act 451.
MAC R 299.9603(1)(c).......... 9/22/1998........ Modified to reflect the fact that the former Shorelands
Protection and
Management Act, 1970
PA 245, has been recodified in Part 323, Shorelands
Protection and
Management, of Act 451.
MAC R 299.9603(2)............. 9/22/1998........ Modified to reflect the recodification of the former Act 64 into Part 111 of Act 451.
MAC R 299.9603(3)(c).......... 9/22/1998........ Modified to reflect the fact that the former Act 348 has been recodified in
Part 55 of Act 451.
MAC R 299.9604(2)............. 9/22/1998........ Modified to reflect the recodification of the former Act 64 of Part 111 of Act 451.
MAC R 299.9607(2)(b).......... 12/16/2004....... Word ``EPA'' changed to ``site.''
MAC R 299.9607(3)............. 12/16/2004....... Words ``the requirements of'' deleted.
MAC R 299.9608(6)............. 12/16/2004,
Words ``the renumbered as
provisions of''
(4) effective 3/ deleted. 17/2008.
MAC R 299.9609(1)............. 3/17/2008........ Words ``or in an alternate location approved by the director or the director's designee'' inserted.
MAC R 299.9610(1)............. 3/17/2008........ Revised to reflect how information typically required in a biennial report is actually collected in
Michigan.
MAC R 299.9610(2)(a) and (c).. 12/16/2004....... Word ``EPA'' changed to ``site.''
Page 9355
MAC R 299.9610(4)............. 12/16/2004....... Words ``in accordance with the provisions of'' changed to
``pursuant to.''
MAC R 299.9611(1)............. 6/21/1994........ Words ``that is'' inserted.
MAC R 299.9611(3)(a) and
6/21/1994........ Modified to clarify
(a)(i)-(iii).
provisions for groundwater monitoring waivers to allow owners or operators the ability to monitor an entire TSDF for environmental effects, thereby allowing the integration of site- wide corrective action remediation programs into hazardous waste management unit monitoring programs at a more economical cost.
MAC R 299.9611(3)(a)(iii) and 10/15/1996....... Modified to reflect
(5).
the recodification of the former Act 64 into Part 111 of Act 451.
MAC R 299.9611(3)(b).......... 6/21/1994........ Word ``under'' changed to
``pursuant'' and word ``this'' changed to ``the.''
MAC R 299.9612(1)(c).......... 9/11/2000........ Word ``one'' changed to ``1'' and word
``then'' inserted.
MAC R 299.9612(1)(c)(i)....... 6/21/1994........ Word ``this'' changed to ``the.''
MAC R 299.9612(1)(c)(iii)..... 9/11/2000........ Words ``whether or not'' changed to
``if.''
MAC R 299.9612(1)(d) and (f).. 9/22/1998........ Modified to reflect the fact that the former Act 245 and
Act 307 have been recodified in Parts 31 and 201 of Act 451, respectively.
MAC R 299.9612(1)(e).......... 9/11/2000........ Word ``whether'' changed to ``if.''
MAC R 299.9612(1)(g).......... 9/22/1998........ Modified to reflect the recodification of the former Act 64 in Part 111 of Act 451 and the fact that sections 47 and 48 of the former Act 64 have been recodified in sections 48 and 51 of Part 111 of Act 451, respectively.
MAC R 299.9613(2)............. 3/17/2008........ Word ``more'' changed to ``less.''
MAC R 299.9619(3), (6)(a)(iv) 12/16/2004....... Words ``in accordance and (c), and (7).
with the provisions of'' changed to
``pursuant to'' and words ``the provisions of'' deleted.
MAC R 299.9619(5), (5)(a) and 9/11/2000........ Subrule added in
(b).
order to provide for alternative leachate collection and removal system design and operating practices if certain conditions are met.
MAC R 299.9619(6)(a)(iii)..... 9/11/2000........ Revised to clarify that in order to provide a minimum base for root penetration, the top component of the additional material shall consist of not less than 15 centimeters of topsoil. Thus, the total thickness of the protective layer shall not be less than 60 centimeters, depending upon the implications of the maximum depth of frost penetration.
MAC R 299.9621(1)(c)(vi)...... 10/15/1996....... Modified to provide a more accurate test method by which owners and operators will be required to determine the permeability of the clay base of the land-based unit.
MAC R 299.9629(1), (3)(a) and 12/16/2004....... Words ``in accordance
(b), (6), (8)(a)-(c), (9),
with'' changed to and (11).
``pursuant to.''
MAC R 299.9629(1)(a) and (b), 12/16/2004....... Words ``the
(3), (3)(a)(i)-(v), and
provisions of''
(b)(i)-(iii).
deleted.
MAC R 299.9703(2)-(4) and (6). 9/11/2000........ Word ``one'' changed to ``1'' and ``ten'' changed to ``10.''
MAC R 299.9703(9)............. 12/16/2004....... Words ``265.90(f), and 265.110(d)'' inserted and word
``and'' deleted.
MAC R 299.9705(1) and (1)(a) 3/17/2008........ Amended to clarify and (b).
requirements regarding surety bonds used to demonstrate financial assurance for closure and postclosure.
MAC R 299.9708(5), (9),
9/11/2000........ Words ``party or
(9)(c), (10), (10)(a)-(b),
parties'' changed to and (11).
``person or persons.''
MAC R 299.9710(4), (5), and
9/11/2000........ Word ``one'' changed
(9)(b)(i).
to ``1.''
MAC R 299.9710(9)(b)(i)....... 9/11/2000........ Words ``and/or'' changed to ``or'' and words ``or both'' inserted.
MAC R 299.9710(9)(e).......... 9/11/2000........ Words ``in the case of corporations that are'' changed to ``a corporation is'' and word ``then'' inserted.
MAC R 299.9710(14)............ 9/11/2000........ Word ``R 299.9613(2)'' changed to ``R 299.9613(3).''
MAC R 299.9712(1)............. 9/22/1998........ Modified to reflect the recodification of the former Act 46 in Part 111 of Act 451.
MAC R 299.9801(1)(b) and (7).. 6/21/1994........ Word ``combination'' changed to
``combining.''
MAC R 299.9801(8)............. 12/16/2004....... Words ``the provisions of'' deleted.
MAC R 299.9802 (entire rule
10/15/1996....... Rule rescinded rescinded).
because hazardous waste being burned for energy recovery is now subject to regulation under R 299.9808.
MAC R 299.9803(6)(a).......... 9/11/2000........ Words ``whether or not'' changed to
``if.''
Page 9356
MAC R 299.9803(6)(b).......... 9/11/2000........ Word ``then'' inserted and word
``six'' changed to
``6'' and last two sentences corrected to insert missing wording.
MAC R 299.9808(1)............. 9/11/2000........ Words ``and (3)'' changed to ``to
(4).''
MAC R 299.9808(2) and (3)(c).. 12/16/2004....... Words ``regulation under'' deleted.
MAC R 299.9808(2)(a).......... 12/16/2004....... Words ``under the provisions of'' changed to
``pursuant to.''
MAC R 299.9808(2)(c).......... 12/16/2004....... Words ``the provisions of'' deleted and words
``under the provisions of'' changed to
``pursuant to.''
MAC R 299.9808(3)(c).......... 12/16/2004....... Words ``the provisions of'' deleted.
MAC R 299.9808(5)............. 12/16/2004,
Words ``the renumbered as
requirements of''
(6) effective 3/ deleted. 17/2008.
MAC R 299.9808(8), (8)(a)(ii) 12/16/2004,
Words ``the and (8)(c).
renumbered as
provisions of''
(9), (9)(a)(ii) deleted. and (9)(c), effective 3/17/ 2008.
MAC R 299.9809(1)(a).......... 12/16/2004....... Words ``except a mixture of used oil and halogenated hazardous waste listed under R 299.9213 or R 299.9214'' inserted.
MAC R 299.9809(2)(c).......... 12/16/2004....... Word ``are'' deleted.
MAC R 299.9809(2)(n).......... 9/11/2000........ Word ``then'' inserted.
MAC R 299.9809(2)(o).......... 9/11/2000........ Word ``when'' inserted.
MAC R 299.9815(3)(a)(i) and
12/16/2004....... Word ``EPA'' changed
(e)(i) and (ii).
to ``site.''
MAC R 299.9819................ 12/16/2004....... Words ``the requirements of'' deleted and word ``R 299.9401(7)'' changed to ``R 299.9401(6).''
MAC R 299.11003(1)(b)......... 9/11/2000........ Adoption by reference of 40 CFR Part 63, subparts EEE and LLL added.
MAC R 299.11004(5)............ 3/17/2008........ Updated address where to obtain a document.
MAC R 299.11007(2)............ 12/16/2004....... Updated address where to obtain a document.
MAC R 299.11008(2)............ 12/16/2004....... Updated address where to obtain a document.
-
Where are the revised State rules different from the Federal rules?
The most significant differences between the State rules we are authorizing and the analogous Federal rules are summarized below. It should be noted that this summary does not describe every difference or every detail regarding the differences that are described. Members of the regulated community are advised to read the complete rules to ensure that they understand the requirements with which they will need to comply.
There are aspects of the Michigan program which are more stringent than the Federal program. All of these more stringent requirements are or will become part of the Federally enforceable RCRA program when authorized by the EPA and must be complied with in addition to the
State requirements which track the minimum Federal requirements. These more stringent requirements are found at (references are to the
Michigan Administrative Code):
Michigan does not allow containment buildings, making the State requirements more stringent than the Federal requirements at 40 CFR part 264 subpart DD, 40 CFR 265 subpart DD, and 40 CFR part 264 appendix I, Tables 1 and 2.
Michigan's regulations at R 299.9601(1), (2)(b), (2)(c), (2)(h),
(2)(i), and (3); R 299.9608(1), (6) and (8); R 299.9615; and R 299.9702(1) are more stringent than the Federal analogs at 40 CFR
Sections 265.56(b), 265.71, 265.72, 265.142(a), 265.174, 265.190(a), 265.193, 265.194, 265.197, 265.201, and 265.340(b)(1) since the State requires compliance with standards equivalent to 40 CFR part 264 rather then 40 CFR part 265.
Michigan's regulations at R 299.11002(1) and (2) are more stringent than the Federal analogs at 40 CFR Section 260.11(d) and (d)(1) since the State adopts updated versions of the ``Flammable and Combustible
Liquids Code.''
-
Who handles permits after the authorization takes effect?
Michigan will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits which we issued prior to the effective date of this authorization until they expire or are terminated. We will not issue any more new permits or new portions of permits for the provisions listed in the Table above after the effective date of this authorization. EPA will continue to implement and issue permits for HSWA requirements for which Michigan is not yet authorized.
-
How does today's action affect Indian Country (18 U.S.C. 1151) in
Michigan?
Michigan is not authorized to carry out its hazardous waste program in Indian Country within the State, as defined in 18 U.S.C. 1151. This includes: 1. All lands within the exterior boundaries of Indian reservations within the State of Michigan; 2. Any land held in trust by the U.S. for an Indian tribe; and 3. Any other land, whether on or off an Indian reservation that qualifies as Indian Country.
EPA will continue to implement and administer the RCRA program in
Indian Country. It is EPA's long-standing position that the term
``Indian lands'' used in past Michigan hazardous waste approvals is synonymous with the term ``Indian Country.'' Washington Dep't of
Ecology v. U.S. EPA, 752 F.2d 1465, 1467, n.1 (9th Cir. 1985). See 40
CFR 144.3 and 258.2.
-
-
What is codification and is EPA codifying Michigan's hazardous waste program as authorized in this rule?
Codification is the process of placing a State's statutes and regulations that comprise a State's authorized hazardous
Page 9357
waste program into the Code of Federal Regulations. We do this by referencing the authorized State rules in 40 CFR part 272. Michigan's rules, up to and including those revised October 19, 1991, have previously been codified through incorporation-by-reference effective
April 24, 1989 (54 FR 7421, February 21, 1989); as amended effective
March 31, 1992 (57 FR 3724, January 31, 1992). We reserve the amendment of 40 CFR part 272, subpart X, for the codification of Michigan's program changes until a later date.
-
Statutory and Executive Order Reviews
This final rule only authorizes hazardous waste requirements pursuant to RCRA 3006 and imposes no requirements other than those imposed by State law (see SUPPLEMENTARY INFORMATION, Section A. Why are
Revisions to State Programs Necessary?). Therefore, this rule complies with applicable executive orders and statutory provisions as follows: 1. Executive Order 18266: Regulatory Planning Review
The Office of Management and Budget has exempted this rule from its review under Executive Order 12866 (58 FR 51735, October 4, 1993); therefore, this action is not subject to review by OMB. 2. Paperwork Reduction Act
This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 3. Regulatory Flexibility Act
This action authorizes State requirements for the purpose of RCRA section 3006 and imposes no additional requirements beyond those imposed by State law. Accordingly, I certify that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 4. Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under State law and does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). 5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply to this rule because it will not have Federalism implications (i.e., substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government). 6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) does not apply to this rule because it will not have tribal implications (i.e., substantial direct effects on one or more Indian tribes, or on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal
Government and Indian tribes). 7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This rule is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant as defined in Executive Order 12866 and because EPA does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. 8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action as defined in Executive Order 12866. 9. National Technology Transfer Advancement Act
EPA approves State programs as long as they meet criteria required by RCRA, so it would be inconsistent with applicable law for EPA, in its review of a State program, to require the use of any particular voluntary consensus standard in place of another standard that meets requirements of RCRA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply to this rule. 10. Executive Order 12988
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. 11. Executive Order 12630: Evaluation of Risk and Avoidance of
Unanticipated Takings
EPA has complied with Executive Order 12630 (53 FR 8859, March 18, 1988) by examining the takings implications of the rule in accordance with the Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings issued under the executive order. 12. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
Because this rule proposes authorization of pre-existing State rules and imposes no additional requirements beyond those imposed by
State law and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994). 13. Congressional Review Act
EPA will submit a report containing this rule and other information required by the Congressional Review Act (5 U.S.C. 801 et seq.) to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to the publication in the Federal
Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians--lands, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: February 17, 2010.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
FR Doc. 2010-4307 Filed 3-1-10; 8:45 am
BILLING CODE 6560-50-P
