[Federal Register Volume 74, Number 195 (Friday, October 9, 2009)]
[Proposed Rules]
[Pages 52161-52173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24464]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-8967-7]
Michigan: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Michigan has applied to EPA for final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has reviewed Michigan's application and
has preliminarily determined that these changes satisfy all
requirements needed to qualify for final authorization, and is
proposing to authorize Michigan's changes.
DATES: Comments on this proposed rule must be received on or before
November 9, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2009-0762 by one of the following methods:
http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: [email protected].
Mail: Ms. Judith Greenberg, Michigan Regulatory Specialist, RCRA
Programs Section (LR-8J), Land and Chemicals Division, U.S.
Environmental Protection Agency, 77 W. Jackson Blvd., Chicago, IL
60604.
Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2009-0762. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epagov/epahome/dockets.htm.
Docket: 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., CBI 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
in http://www.regulations.gov or in hard copy. You may view and copy
Michigan's application Mondays through Fridays, excluding Federal
holidays, from 9 a.m. to 4 p.m. at the following addresses: U.S. EPA
Region 5, 77 W. Jackson Blvd., Chicago, Illinois, contact: Judith
Greenberg, (312) 886-4179; or Michigan Department of Environmental
Quality, Constitution Hall, 525 W. Allegan St., 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, Land and Chemicals
Division (LR-8J), U.S. Environmental Protection Agency, 77 West Jackson
Blvd., Chicago, Illinois 60604, (312) 886-4179, e-mail
[email protected].
SUPPLEMENTARY INFORMATION:
A. 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.
B. What Decisions Have We Made in This Rule?
We have preliminarily determined that Michigan's application to
revise its authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we propose to grant
Michigan final authorization to operate its hazardous waste program
with the changes described in the authorization revision application.
Michigan will have 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 revision 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.
C. What Will Be the Effect If Michigan Is Authorized for These Changes?
If Michigan is authorized for these changes, a facility in Michigan
subject to RCRA will have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. Additionally, such persons will have to comply with
any applicable Federal requirements, such as HSWA regulations issued by
EPA for which the State has not received authorization and RCRA
requirements that are not
[[Page 52162]]
supplanted by authorized State-issued requirements. 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 include, 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 proposed action would not impose additional requirements on
the regulated community because the regulations for which Michigan
would be authorized are already effective, and would not be changed by
the act of authorization.
D. What Happens If EPA Receives Comments on This Action?
If EPA receives comments on this proposed action, we will address
those comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time.
E. 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.
F. What Changes Are We Proposing?
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 preliminarily determined that Michigan's
hazardous waste management program revision satisfies all requirements
necessary to qualify for final authorization. Therefore, we propose to
grant Michigan final authorization for the following program changes:
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Revision Federal Register date and
Description of Federal requirement checklist \1\ page Analogous State authority
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Non-wastewaters from Dyes and Pigments.. 206, 206.1 February 24, 2005, 70 FR R 299.9311, R 299.9413,
9138; as amended on June and R 299.9627, effective
16, 2005, 70 FR 35032. September 11, 2000.
R 299.9204(2) and (2)(o)-
(o)(v)(B), R 299.9222,
and R 299.11003(1)(i),
(j), and (u), and (2),
effective March 17, 2008.
Uniform Hazardous Waste Manifest........ 207, 207.1 March 6, 2005, 70 FR R 299.9601(1) and (2)(c)
10776; as amended on June and (e), effective
16, 2005, 70 FR 35037. December 16, 2004.
R 299.9102(z), R
299.9105(m) and (n); R
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),
34538; as amended on effective February 15,
August 1, 2005, 70 FR 1989.
44150.
R 299.9630 and R 299.9631,
effective June 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 52163]]
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
45508. (j), effective 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.
Revison of Wastewater Treatment 211 October 4, 2005, 70 FR R 299.9203(1)(c)(i) and
Exemptions for Hazardous Waste 57769. (c)(i)(D) and (E),
Mixtures--``Headworks Exemption''. (c)(ii) and (c)(ii)(A)-
(O), (c)(iv) and
(c)(iv)(A)-(G), (c)(vi),
and (c)(vii), effective
March 17, 2008.
NESHAP: Final Standards for Hazardous 212 October 12, 2005, 70 FR R 299.9508(1) and (1)(b),
Waste Combusters (Phase I Final 59402. effective September 11,
Replacement Standards and Phase II). 2000.
R 299.9601(2)(i),
effective December 16,
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 16862 R 299.9618, effective
December 28, 1985.
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 R299.9638(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 Code of 214 July 14, 2006, 71 FR 40254 Michigan Compiled Laws
Federal Regulations. 324.11148, 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.
[[Page 52164]]
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.
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 Rule.................. 215 July 28, 2006, 71 FR 42928 R 299.9102(b), (w), (x)
and (y), R 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.
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\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.
[[Page 52165]]
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.''
MAC R 299.9103(q) ``Federal 6/21/1994, Public Law citation
hazardous materials renumbered as changed from ``89-
transportation act''. (x) effective 12/ 670'' to ``93-633.''
16/2004.
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)- 6/21/1994........ 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.''
[[Page 52166]]
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.
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.
[[Page 52167]]
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.''
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.''
[[Page 52168]]
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.''
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.
[[Page 52169]]
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.
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.
[[Page 52170]]
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. ``part 111 of''
9/11/2000........ 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 refect
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. deleted.
3/17/2008........
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.''
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.''
[[Page 52171]]
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.''
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.
[[Page 52172]]
MAC R 299.11008(2)............ 12/16/2004....... Updated address where
to obtain a
document.
------------------------------------------------------------------------
G. Where Are the Revised State Rules Different From the Federal Rules?
The most significant differences between the State rules we are
proposing to authorize and 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
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 260.11(d) and (d)(1) since the State
adopts updated versions of the ``Flammable and Combustible Liquids
Code.''
H. Who Handles Permits After the Authorization Takes Effect?
Michigan will continue to 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 tables 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.
I. How Would Authorizing Michigan for These Revisions 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.
Therefore, authorizing Michigan for these revisions would not
affect Indian Country in Michigan. EPA would 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.
J. 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 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.
K. Statutory and Executive Order Reviews
This proposed 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).
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
After considering the economic impacts of today's rule on small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), I
certify that this rule will not have a significant economic impact on a
substantial number of small entities.
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).
[[Page 52173]]
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, 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 the 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).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian 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: September 29, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. E9-24464 Filed 10-8-09; 8:45 am]
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