Section R. 299.9227 - Deletion of certain hazardous waste numbers after equipment cleaning and replacementRule 227.
(1) Wastes from wood preserving processes at plants that do not resume or initiate the use of chlorophenolic preservatives will not meet the listing description of F032 once the generator has met all of the requirements of subrules (2) to (5) of this rule. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit 1 or more of the hazardous waste characteristics.(2) Generators shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the environment. In cleaning or replacing the process equipment, the generator shall do 1 of the following: (a) Prepare and follow a process equipment cleaning plan and clean process equipment in accordance with the provisions of subrule (3) of this rule.(b) Prepare and follow a process equipment replacement plan and replace process equipment in accordance with the provisions of subrule (4) of this rule.(c) Document that previous process equipment cleaning or replacement, or both, was performed in accordance with the provisions of subrule (3) or (4), or both, of this rule and occurred after cessation of the use of chlorophenolic preservatives.(3) In cleaning the process equipment that may have come into contact with chlorophenolic formulations, the generator shall do all of the following:(a) Prepare and sign a written process equipment cleaning plan that describes all of the following: (i) The process equipment to be cleaned.(ii) The process equipment cleaning method or methods.(iii) The solvent to be used in cleaning the process equipment.(iv) How the solvent rinses will be tested.(v) How the cleaning residues will be managed and disposed of.(b) Clean the process equipment as follows: (i) Remove all visible residues from the process equipment.(ii) Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.(c) Test the rinses in accordance with an appropriate method in accordance with 40 C.F.R. § 261.35(b)(2)(iii).(d) Manage all residues from the cleaning process as F032 waste.(4) In replacing the process equipment that may have come into contact with chlorophenolic formulations, the generator shall do both of the following:(a) Prepare and sign a written process equipment replacement plan that describes all of the following: (i) The process equipment to be replaced.(ii) The process equipment replacement method or methods.(iii) How the process equipment will be managed and disposed of.(b) Manage the discarded process equipment as F032 waste.(5) The generator shall maintain all of the following information that documents the cleaning and replacement activities as part of the operating record: (a) The name and address of the plant.(b) Formulations previously used and the date on which their use ceased in each process at the plant.(c) Formulations currently used in each process at the plant.(d) The equipment cleaning or replacement plan.(e) The name and address of any persons who conducted the cleaning and replacement.(f) The dates on which the cleaning and replacement were accomplished.(g) The dates of sampling and testing.(h) A description of the sampling handling and preparation techniques, including the techniques that are used for all of the following:(iv) Chain-of-custody of the samples.(i) A description of the tests performed, the date the tests were performed, and the results of the tests.(j) The names and model numbers of the instruments used in performing the tests.(k) Quality assurance/quality control documentation.(l) A statement which is signed by the generator or the generator's authorized representative and which contains the following language: "I certify under penalty of law cleaned or replaced as represented in the equipment cleaning and/or replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment." (6) The provisions of 40 C.F.R. § 261.35(b)(2)(iii) are adopted by reference in R 299.11003.Mich. Admin. Code R. 299.9227
1994 AACS; 2008 AACS; 2017 MR 6, Eff. 4/5/2017