Mich. Admin. Code R. 299.9103

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

Section R. 299.9103 - Definitions; E, F

Rule 103. As used in these rules:

(a) "Electronic import-export reporting compliance date" means the date that the EPA announces in the Federal Register, on or after which exporters, importers, and receiving facilities are required to submit certain export and import related documents to the EPA using the EPAs Waste Import Export Tracking System, or its successor system.

(b) "Electronic manifest" or "e-manifest" means the electronic format of the hazardous waste manifest that is obtained from the EPAs national e-manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700-22 and 8700-22A.

(c) "Electronic manifest system" or "e-manifest system" means the EPAs national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

(d) "Element" means any part of a unit or any group of parts of a unit that are assembled to perform a specific function, for example, a pump seal, pump, kiln liner, or kiln thermocouple.

(e) "Elementary neutralization unit" means a device that is following both of the following requirements:

(i) Is used for neutralizing wastes that are hazardous wastes only because they exhibit the corrosivity characteristic defined in R 299.9212 or are listed in R 299.9213 or R 299.9214 only because they exhibit the corrosivity characteristic.

(ii) Is in compliance with the definition of "tank," "tank system," "container," "transport vehicle," or "vessel" as specified in this part.

(f) "Eligible NARM waste" means NARM waste that is eligible for the transportation and disposal conditional exemption under R 299.9823 of the rules. It is a NARM waste that contains hazardous waste, meets the waste acceptance criteria of, and is allowed by state NARM regulations to be disposed of at a low-level radioactive waste disposal facility licensed under 10 CFR part 61 or NRC agreement state equivalent regulations.

(g) "Enforceable document" means an order, a plan, or other document issued by the department either in place of an operating license for the postclosure period, or as a source of alternative requirements for hazardous waste management units, as provided under these rules. An enforceable document may include, but is not limited to, a corrective action order under part 111 of the act, MCL 324.11101 to 324.11153, a CERCLA remedy, or a closure or postclosure plan. An enforceable document must be issued under an authority that has available all of the following remedies:

(i) The authority to sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of the requirements of these documents.

(ii) The authority to compel compliance with the requirements for corrective action or other emergency response measures deemed necessary to protect human health and the environment.

(iii) The authority to assess or sue to recover in court civil penalties, including fines, for violations of the requirements of these documents.

(h) "EPA" means the United States Environmental Protection Agency.

(i) "EPA acknowledgment of consent" or "EPA AOC" means the letter EPA sends to the exporter documenting the specific terms of the country of imports consent and the country or countries of transits consent. The AOC meets the definition of an export license in the U.S. Census of Bureau regulations in 15 CFR 30.1.

(j) "EPA region" means the states and territories found in any of the 10 EPA regions identified in 40 CFR 260.10.

(k) "Episodic event" means an activity or activities, either planned or unplanned, that does not normally occur during generator operations and that results in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits for the generators usual category.

(l) "Equivalent method" means any testing or analytical method that is approved by the director under R 299.9215.

(m) "Excluded scrap metal" means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

(n) "Exempted radioactive waste" means a waste that meets the eligibility criteria and all of the conditions in R 299.9822, or meets the eligibility criteria and complies with all of the conditions in R 299.9823. The waste is conditionally exempted from the regulatory definition of hazardous waste in R 299.9203.

(o) "Existing facility" means a treatment, storage, or disposal facility that either received all necessary state-issued environmental permits or licenses before January 1, 1980, or for which approval of construction was received from the air pollution control commission before November 19, 1980. Existing facilities also include those treatment, storage, or disposal facilities that were operating before January 1, 1980, under existing authority and that did not require state-issued environmental permits or licenses.

(p) "Existing portion" means the land surface area of an existing waste management unit previously authorized and included in the original part A permit application to the EPA on which wastes have been placed before the issuance of a permit under RCRA or an operating license under these rules, whichever is sooner.

(q) "Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced, on or before July 14, 1986. Installation has commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either of the following provisions applies:

(i) A continuous on-site physical construction or installation program has begun.

(ii) The owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for physical construction of the site of installation of the tank system to be completed within a reasonable time.

(r) "Explosives or munitions emergency" means a situation involving the suspected or detected presence of unexploded ordnance, damaged or deteriorated explosives or munitions, an improvised explosive device, other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Situations may require immediate and expeditious action by an explosives or munitions emergency specialist to control, mitigate, or eliminate the threat.

(s) "Explosives or munitions emergency response" means all immediate response activities by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance does not terminate the explosives or munitions emergency. Explosives and munitions emergency responses may occur on either public or private lands and are not limited to responses at RCRA facilities.

(t) "Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include DOD emergency explosive ordnance disposal, technical escort unit, and DOD-certified civilian or contractor personnel; and other federal, state, or local government or civilian personnel similarly trained in explosives or munitions emergency responses.

(u) "Exporter", also known as "primary exporter" on the manifest, means any person domiciled in the United States who is required to originate the movement document under R 299.9309 or the manifest for a shipment of hazardous waste under these rules, which specifies a foreign receiving facility to which the hazardous waste will be sent, or any recognized trader who proposes export of the hazardous waste for recovery or disposal operations in the country of import.

(v) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste, or for managing hazardous secondary materials before reclamation. A facility may consist of several treatment, storage, or disposal operational units, such as 1 or more landfills or surface impoundments, or combinations of operational units. For the purpose of implementing corrective action under part 111 of the act, MCL 324.11101 to 324.11153, "facility" includes all contiguous property under the control of the owner or operator. Notwithstanding the definition of the term "facility" as it relates to corrective action, a remediation waste management site is not a facility that is subject to corrective action under R 299.9629, but is subject to the corrective action requirements of part 111 of the act, MCL 324.11101 to 324.11153, and these rules if the site is located within such a facility.

(w) "Facility mailing list" means the mailing list for a facility that is maintained by the department under 40 CFR 124.10(c)(1)(ix).

(x) "Fault" means a fracture along which rocks on 1 side have been displaced with respect to rocks on the other side.

(y) "Federal agency" means any department, agency, or other instrumentality of the federal government; any independent agency or establishment of the federal government, including any government corporation; and the United States Government Publishing Office.

(z) "Federal clean air act" means the clean air act, 42 USC 7401 to 7671q.

(aa) "Federal clean water act," means the federal water pollution control act, 33 USC 1251 to 1388.

(bb) "Federal hazardous materials transportation act" means the hazardous materials transportation authorization act of 1994, 49 USC 5101 to 5128.

(cc) "Federal resource conservation and recovery act" means the resource conservation and recovery act of 1976, 42 USC 6901 to 6992k.

(dd) "Federal safe drinking water act" means the safe drinking water act, 42 USC 300f to 300j-27.

(ee) "FIFRA" means the federal insecticide, fungicide, and rodenticide act, 7 USC 136 to 136y.

(ff) "Final closure" means the closure of all hazardous waste management units at the facility under all applicable closure requirements so that hazardous waste management activities under parts 5 and 6 of these rules are no longer conducted at the facility, unless the activities are subject to R 299.9305 to R 299.9307.

(gg) "Flood" means a flood that has a 1% chance of being equaled or exceeded in any given year.

(hh) "Floodplain" means any land area that is subject to a 1% or greater chance of flooding in any given year from any source.

(ii) "Food chain crops" means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.

(jj) "Freeboard" means the vertical distance between the top of a tank or surface impoundment dike and the surface of the waste contained in the tank or surface impoundment dike.

(kk) "Free liquids" means liquids that readily separate from the solid portion of a waste at ambient temperature and pressure.

(ll) "Fugitive emissions" means air contaminant emissions that emanate from non-point emission sources or sources other than stacks, ducts, or vents.

(mm) "Functionally equivalent element" means an element that performs the same function or measurement and that meets or exceeds the performance specifications of another element.

Mich. Admin. Code R. 299.9103

1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 1998 AACS; 2000 AACS; 2004 AACS; 2013 AACS; 2017 AACS; 2020 MR 14, Eff. 8/3/2020

An obvious error in R 299.9103 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2020 MR 14. The memorandum requesting the correction was published in Michigan Register, 2020 MR 14.