Mich. Admin. Code R. 299.9102

Current through Vol. 24-08, May 15, 2024

Section R. 299.9102 - Definitions; C, D

Rule 102. As used in these rules:

(a) "Carbon regeneration unit" means an enclosed thermal treatment device used to regenerate spent activated carbon.

(b) "Carbon dioxide stream" means carbon dioxide that has been captured from an emission source such as a power plant, including incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process.

(c) "Cathode ray tube" or "CRT" means a vacuum tube, composed primarily of glass, that is the visual or video display component of an electronic device. A used, intact CRT is a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released.

(d) "Central accumulation area" means any onsite hazardous waste accumulation area that has been designated for accumulating hazardous wastes in units subject to R 299.9306 or R 299.9307. Central accumulation area also includes an onsite hazardous waste accumulation area at an eligible academic entity that chooses to participate under R 299.9315 and is subject to 40 CFR 262.211 when accumulating unwanted material or hazardous waste.

(e) "CERCLA" means the comprehensive environmental response, compensation, and liability act of 1980, 42 USC 9601 to 9675.

(f) "Certification" means a statement of professional opinion based upon knowledge or belief.

(g) "Certified delivery" means certified mail with return receipt requested, or equivalent courier service or other means, that provides the sender with a receipt confirming delivery.

(h) "CFR" means the Code of Federal Regulations.

(i) "Chemical agents and munitions" means chemical agents and munitions as defined in 50 USC section 1521(j)(1).

(j) "Closed portion" means the portion of a facility that an owner or operator has closed pursuant to the approved facility closure plan and all applicable closure requirements. (See also "active portion" and "inactive portion.")

(k) "Combustion zone" means the portion of the internal capacity of an incinerator where the gas temperatures of the materials being burned are within 100 degrees Celsius of the specified operating temperature.

(l) "Commingling" means the transfer of hazardous wastes between containers or vehicles by a transporter during transportation that results in the waste being mixed or repackaged.

(m) "Component" means either the tank or the ancillary equipment of a tank system.

(n) "Condition for exemption" means any requirement in R 299.9304 to R 299.9307, R 299.9315, R 299.9316, or R 299.9503(1)(c) that states an event, action, or standard that must occur or be met to obtain an exemption from any applicable requirements under parts 5 to 8 of the rules, or from the requirement for notification under section 3010 of RCRA, 42 USC 6930.

(o) "Confined aquifer" means an aquifer that is bounded above and below by impermeable beds or by beds that have a distinctly lower permeability than that of the aquifer itself. It is an aquifer that contains confined groundwater.

(p) "Consignee" means the ultimate treatment, storage, or disposal facility in a receiving country to which the hazardous waste will be sent.

(q) "Consolidation" means the transfer of containers of hazardous wastes between transport vehicles by a transporter during transportation without the containers holding the wastes being opened and without the wastes being repackaged.

(r) "Constituent" or "hazardous waste constituent" means a constituent that caused the administrator to list the hazardous waste in 40 CFR part 261, subpart D, a constituent that is listed in table l of 40 CFR 261.24, or a constituent that is listed in table 202 or 205c of these rules.

(s) "Consumer electronics" means devices containing an electronic circuit board, liquid crystal display, or plasma display such as those commonly found in homes and offices and these devices when used in other settings.

(t) "Contained" as it relates to hazardous secondary materials that are legitimately recycled under R 299.9232, means held in a unit, including a land-based unit, that meets all of the following criteria:

(i) The unit is in good condition, with no leaks or other continuing or intermittent unpermitted releases of the hazardous secondary materials to the environment, and is designed, as appropriate for materials, to prevent releases of the materials to the environment. Unpermitted releases are releases that are not covered by a permit, such as a permit to discharge to water or air, and may include releases through surface transport by precipitation runoff, releases to the soil and groundwater, wind-blown dust, fugitive air emissions, and catastrophic failures.

(ii) The unit is properly labeled or otherwise has a system, such as a log, to immediately identify the hazardous secondary materials in the unit.

(iii) The unit holds hazardous secondary materials that are compatible with other hazardous secondary materials placed in the unit and is compatible with the materials used to construct the unit and addresses any potential risks of fires or explosions.

(iv) Hazardous secondary materials in units that meet the applicable requirements of part 6 of these rules are presumptively contained.

(u) "Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

(v) "Contingency plan" means a document that sets out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents that could threaten human health or the environment.

(w) "Corrective action management unit" or "CAMU" means an area within a facility that is used only for managing remediation waste, in the case of grandfathered corrective action management units, or corrective action management unit-eligible waste, as further explained in R 299.9635(2) and (3), in implementing corrective action or cleanup at the facility.

(x) "Corrective action management unit-eligible waste" or "CAMU-eligible waste" means all wastes and hazardous wastes and all media, including groundwater, surface water, soils, sediments, and debris, that are managed for implementing cleanup. As-generated wastes from ongoing industrial operations at a site are not CAMU-eligible. Notwithstanding this subdivision and where appropriate, as-generated non-hazardous waste may be placed in a corrective action management unit if the waste is being used to facilitate treatment or the performance of the corrective action management unit. Wastes that would otherwise meet the definition of a CAMU-eligible waste are not CAMU-eligible wastes if either of the following apply:

(i) If the wastes are hazardous wastes found during a cleanup in intact or substantially intact containers, tanks, or other non-land-based units found above ground, unless the wastes are first placed in the tanks, containers or non-land-based units as part of the cleanup, or the containers or tanks are excavated during the cleanup.

(ii) If the director, or the director's designee, uses the authority in R 299.9635 to prohibit the wastes from management in a corrective action management unit.

(y) "Corrosion expert" means a person who, by reason of his or her knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person shall be certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.

(z) "CRT collector" means a person who receives used, intact CRTs for recycling, repair, resale, or donation.

(aa) "CRT exporter" means any person in the United States who initiates a transaction to send used CRTs outside the United States or its territories for recycling or reuse, or any intermediary in the United States arranging for the export.

(bb) "CRT glass manufacturer" means an operation or part of an operation that uses a furnace to manufacture CRT glass.

(cc) "CRT processing" means conducting all of the following activities:

(i) Receiving broken or intact CRTs.

(ii) Intentionally breaking intact CRTs or further breaking or separating broken CRTs.

(iii) Sorting or otherwise managing glass removed from CRT monitors.

(dd) "Designated facility" means a hazardous waste treatment, storage, or disposal facility that has received a permit or has interim status under 40 CFR parts 124 and 270; that has a license, permit, or interim status from a state that is authorized under section 3006 of the solid waste disposal act of 1965, 42 USC 6926, which, if located in this state, has an operating license that is issued under part 111 of the act, MCL 324.11101 to 324.11153, has a legally binding agreement with the director that authorizes operation, or is subject to the requirements of section 11123(7) and (8) of the act, MCL 324.11123; or that is regulated under R 299.9206(1)(c) or R 299.9803; and that has been designated on the manifest by the generator under R 299.9309. If the waste is destined for a facility in an authorized state that has not yet obtained authorization to regulate the particular waste as hazardous, then the designated facility shall be a facility that is allowed by the receiving state to accept the waste. A designated facility may also mean a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste pursuant to R 299.9608.

(ee) "Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except for the management activities described in 40 CFR 273.13(a) and (c) and 273.33(a) and (c). A facility at which a particular category of universal waste is only accumulated is not a destination facility for purposes of managing that category of universal waste.

(ff) "Dike" means an embankment or ridge that consists of either natural or man-made materials and that is used to prevent the movement of liquids, sludges, solids, or other materials.

(gg) "Dioxins and furans (D/F)" means tetra, penta, hexa, hepta, and octa-chlorinated dibenzo dioxins and furans.

(hh) "Director" means the director of the department of environment, great lakes, and energy.

(ii) "Discharge" or "hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.

(jj) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on land or water in a manner that the hazardous waste or a constituent of the hazardous waste might enter the environment, be emitted into the air, or discharged into water, including groundwater.

(kk) "Disposal facility" means a facility or a part of a facility at which hazardous waste, as defined by these rules, is intentionally placed into or on any land or water and at which hazardous waste will remain after closure. The term "disposal facility" does not include a corrective action management unit into which remediation wastes are placed.

(ll) "Displacement" means the relative movement of any two sides of a fault measured in any direction.

(mm) "DOD" means the United States Department of Defense.

(nn) "DOE" means the United States Department of Energy.

(oo) "DOT" means the United States Department of Transportation.

(pp) "Do-it-yourselfer used oil collection center" means any site or facility that accepts or aggregates and stores used oil collected only from household do-it-yourselfers.

(qq) "Drip pad" means an engineered structure that consists of a curbed, free-draining base, which is constructed of nonearthen materials, and which is designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Mich. Admin. Code R. 299.9102

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