Mich. Admin. Code R. 299.9202

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

Section R. 299.9202 - "Waste" explained

Rule 202.

(1) A waste is any discarded material that is not excluded by R 299.9204 or that is not excluded by a variance granted under subrules (6) and (7) of this rule. A discarded material is any material that is any of the following:

(a) A material that is abandoned by being disposed of; burned or incinerated; accumulated, stored, or treated, but not recycled, before or instead of being abandoned by being disposed of, burned, or incinerated; or sham recycled.

(b) A material that is recycled, or accumulated, stored, or treated before recycling, and that meets 1 of the following criteria:

(i) It is a material listed in subrule (2) of this rule and is used in a manner constituting disposal by being either of the following:

(A) Applied to or placed on the land in a manner that constitutes disposal.

(B) Used to produce products that are applied to or are placed on the land or are otherwise contained in products that are applied to or placed on the land, in which cases the product itself remains a waste. A commercial chemical product listed in R 299.9214 is not a waste if it is applied to the land and that is its ordinary manner of use.

(ii) It is a material listed in subrule (2) of this rule and it is burned to recover energy, is used to produce a fuel, or is otherwise contained in fuels, in which cases the fuel itself remains a waste. A commercial chemical product listed in R 299.9214 is not a waste if it is itself a fuel.

(iii) It is a material listed in subrule (2)(a), (b), or (c) of this rule and it undergoes reclamation, except as provided for in R 299.9204(1)(v), (aa), (bb), and (cc).

(iv) It is a material listed in subrule (2)(a), (b), (c), or (d) of this rule and it undergoes speculative accumulation.

(v) It is an inherently waste-like material, having a hazardous waste number of F020, F021, F022, F023, F026, or F028, or is another waste determined by the administrator based on both of the following criteria:

(A) The materials are ordinarily disposed of, burned, or incinerated or the materials contain toxic constituents that are listed in 40 CFR part 261, appendix VIII, and that are not ordinarily found in raw materials or products for which the materials substitute or are found in raw materials or products in smaller concentrations, and that are not used or reused during the recycling process.

(B) The material might pose a substantial hazard to human health and the environment when recycled.

(vi) It is an inherently waste-like material that is a secondary material, that is fed to a halogen acid furnace, and that exhibits a characteristic of a hazardous waste or is listed as a hazardous waste under to part 2 of these rules, except for brominated material that meets all of the following criteria:

(A) The material contains a bromine concentration of not less than 45%.

(B) The material contains less than a total of 1% of the toxic organic compounds listed in 40 CFR part 261, appendix VIII.

(C) The material is processed continually on-site in the halogen acid furnace by direct conveyance such as hard piping.

(c) It is a military munition identified as a waste under R 299.9817.

(2) Any of the following materials may be wastes under subrule (1) of this rule:

(a) Spent materials.

(b) Sludges and by-products listed in R 299.9220 to R 299.9222.

(c) Scrap metal that is not excluded under R 299.9204.

(d) Sludges and by-products that exhibit a characteristic of hazardous waste.

(e) Commercial chemical products listed in R 299.9214.

(3) Except as provided in subrule (4) of this rule, materials are not wastes if they can be shown to be recycled by any of the following means:

(a) By being used or reused as ingredients in an industrial process to make a product if the materials are not being reclaimed.

(b) By being used or reused as effective substitutes for commercial products.

(c) By being returned to the original process from which they are generated without first being reclaimed or placed on the land. The material must be returned as a substitute for feedstock materials. If the original process to which the material is returned is a secondary process, then the materials must be managed so that they are not placed on the land.

If the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion under R 299.9204(1)(v) apply rather than this subrule.

(4) All of the following materials are wastes, even if the recycling involves use, reuse, or return to the original process described in subrule (3) of this rule:

(a) Materials used in a manner constituting disposal or used to produce products that are applied to the land.

(b) Materials burned for energy recovery, used to produce a fuel, or contained in fuels.

(c) Materials accumulated speculatively.

(d) Inherently waste-like materials listed in subrule (1)(b)(v) and (vi) of this rule.

(5) Respondents in actions to enforce regulations implementing part 111 of the act, MCL 324.11101 to 324.11153, who raise a claim that a certain material is not waste or is conditionally exempt from regulation shall demonstrate that there is a known market or disposition for the material and that the respondent meets the terms of exclusion or exemption. In doing so, the respondent shall provide appropriate documentation, such as contracts showing that a second person uses the material as an ingredient in a production process, to demonstrate that the material is not a waste or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment for recycling the materials.

(6) The director may determine, on a case-by-case basis, that the following recycled materials are not wastes:

(a) Materials that are accumulated speculatively without sufficient amounts being recycled, as defined in R 299.9107.

(b) Materials that are reclaimed and then reused within the original production process in which they were generated.

(c) Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered.

(d) Hazardous secondary materials that are reclaimed in a continuous industrial process.

(e) Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate.

(7) The director shall use the standards, criteria, and procedures outlined in 40 CFR 260.31, 260.33, and 260.34 for making determinations under subrule (6) of this rule.

(8) Persons receiving a variance or determination under subrule (6) of this rule shall comply with the notification requirements of 40 CFR 260.42.

(9)40 CFR 260.31, 260.33, 260.34, 260.42, 261.31, 261.32, and 261.33 are adopted by reference in R 299.11003, with the exception that "director" replaces "regional administrator" and "administrator," "waste" replaces "solid waste," "R 299.9202" replaces references to "261.2," "R 299.9204" replaces references to "264.4," "R 299.9204(1)(aa)" replaces references to "261.4(a)(24)," and "Michigan site identification form, form EQP5150" replaces references to "EPA Form 8700-12."

Mich. Admin. Code R. 299.9202

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