[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Rules and Regulations]
[Pages 9345-9357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4307]
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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.
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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
[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.
[[Page 9346]]
B. 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.
C. 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.
D. 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.
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 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:
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Revision
Description of Federal checklist Federal Register date Analogous State authority
requirement \1\ and page
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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.
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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.
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.
------------------------------------------------------------------------
G. 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.''
H. 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.
I. 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.
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
[[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.
K. 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]
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