Mich. Admin. Code R. 299.9101

Current through Vol. 24-10, June 15, 2024

Section R. 299.9101 - Definitions; A, B

Rule 101. As used in these rules:

(a) "Aboveground tank" means a device that meets the definition of "tank" in this part and that is situated so that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface bottom and can be visually inspected.

(b) "Act" means the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.

(c) "Act 138" means the hazardous materials transportation act, 1998 PA 138, MCL 29.471 to 29.480.

(d) "Act 181" means the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.

(e) "Act 207" means the fire prevention code, 1941 PA 207, MCL 29.1 to 29.33.

(f) "Act 218" means sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102.

(g) "Act 236" means the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.

(h) "Act 300" means the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(i) "Act 306" means the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(j) "Act 368" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

(k) "Act 399" means the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.

(l) "Active life" means the period from the initial receipt of hazardous waste at a facility until the director receives certification of final closure.

(m) "Active portion" means that portion of a facility where treatment, storage, or disposal operations are being, or have been, conducted after November 19, 1980, and that is not a closed portion. (See also "closed portion" and "inactive portion.")

(n) "Active range" means a military range that is currently in service and being regularly used for range activities.

(o) "Acute hazardous waste" means hazardous waste that meets the listing criteria in R 299.9209(1) and is either listed in table 203a of the rules with the assigned hazard code of (H) or is listed in table 205a of the rules.

(p) "Administrator" means the administrator of the EPA or the administrator's designee.

(q) "Aerosol can" means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

(r) "Aerosol can processing" means the puncturing, draining, or crushing of aerosol cans.

(s) "AES filing compliance date" means the date that the EPA announces in the Federal Register, on or after which exporters of hazardous waste and exporters of CRTs for recycling are required to file EPA information in the Automated Export System or its successor system, under the International Trade Data System, ITDS, platform.

(t) "Agent," when used in conjunction with the term United States importer, means an employee of the United States importer or a legally recognized representative of the United States importer who has been authorized in a lawfully executed written document, such as a power of attorney, to act on the United States importer's behalf.

(u) "Agreement state" means a state that has entered into an agreement with the NRC under section 274(b) of the atomic energy act of 1954, 42 USC 2021, as amended, to assume responsibility for regulating within its borders byproduct, source, or special nuclear material in quantities not sufficient to form a critical mass.

(v) "Ampule" means an airtight vial made of glass, plastic, metal, or any combination of these materials.

(w) "Ancillary equipment" means any device, including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to storage or treatment tanks, between hazardous waste storage and treatment tanks to a point of disposal on site, or to a point of shipment for disposal off site.

(x) "Antifreeze" means a mixture containing ethylene glycol or propylene glycol for use as a heat transfer or dehydration fluid for the purposes of regulation as a universal waste under R 299.9228.

(y) "Aquifer" means a geologic formation, group of formations, or part of a formation that is capable of yielding a significant amount of groundwater to wells or springs.

(z) "Associated organic chemical manufacturing facility" means a facility that meets all of the following requirements:

(i) The primary SIC code at the facility is 2869 but operations may also include SIC codes 2821, 2822, and 2865.

(ii) The facility is physically co-located with a petroleum refinery.

(iii) The petroleum refinery to which the oil that is being recycled is returned also provides hydrocarbon feedstocks to the facility.

(aa) "ASTM" means the ASTM International.

(bb) "Authorized representative" means the person who is responsible for the overall operation of a facility or an operational unit, such as the plant manager, superintendent, or person who has equivalent responsibilities.

(cc) "Battery" means a device that consists of 1 or more electrically connected electrochemical cells and that is designed to receive, store, and deliver electric energy. An electrochemical cell is a system that consists of an anode, a cathode, an electrolyte, and any connections that are needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

(dd) "Boiler" means an enclosed device that uses controlled flame combustion and that is either determined by the director to be a boiler based on the standards and procedures in 40 CFR 260.32 and 260.33, which are adopted by reference in R 299.11003, or that has all of the following characteristics:

(i) The unit has physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases.

(ii) The unit's combustion chamber and primary energy recovery section or sections are of an integral design. To be of an integral design, the combustion chamber and the primary energy recovery section or sections, such as waterfalls and superheats, must be physically formed into 1 manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section or sections are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment, such as economizers or air preheaters, need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of an integral design:

(A) Process heaters or units that transfer energy directly to a process stream.

(B) Fluidized bed combustion units.

(iii) While in operation, the unit maintains a thermal energy recovery efficiency of not less than 60% calculated in terms of the recovered energy compared with the thermal value of the fuel.

(iv) The unit exports and utilizes not less than 75% of the recovered energy calculated on an annual basis. In this calculation, credit must not be given for recovered heat that is used internally in the same unit, such as for the preheating of fuel or combustion air and for the driving of induced or forced draft fans or feedwater pumps.

(ee) "Burner" means an owner or operator of a facility that burns either used oil fuel or hazardous waste fuel.

(ff) "By-product" means a material that is not 1 of the primary products of a production process and that is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a coproduct that is produced for the general public's use and that is ordinarily used in the form in which it is produced by the process.

Mich. Admin. Code R. 299.9101

1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2020 MR 14, Eff. 8/3/2020