Mich. Admin. Code R. 299.9228

Current through Vol. 24-19, November 1, 2024

Section R. 299.9228 - Universal wastes

Rule 228.

(1) This rule provides an alternate set of standards under which universal wastes may be managed instead of full regulation as hazardous waste under these rules. The requirements of this rule apply to the universal wastes identified in this subrule and to persons managing the universal wastes. Universal wastes that are not managed pursuant to this rule are subject to full regulation as hazardous waste under these rules. Except as provided in subrule (2) of this rule, all of the following universal wastes are exempt from full regulation as hazardous waste under these rules if they are managed pursuant to the requirements of this rule:

(a) A battery, including a spent lead-acid battery that is not managed pursuant to R 299.9804.

(b) A pesticide, including both of the following:

(i) A recalled pesticide, including the following:

(A) A stock of a suspended and cancelled pesticide that is part of a voluntary or mandatory recall under section 19(b) of the FIFRA, 7 USC 136q, including, but not limited to, a stock owned by the registrant responsible for conducting the recall.

(B) A stock of a suspended or cancelled pesticide, or of a pesticide that is not in compliance with the FIFRA, that is part of a voluntary recall by the registrant.

(ii) A stock of an unused pesticide product other than a product specified in paragraph (i) of this subdivision that is collected and managed as part of a waste pesticide collection program.

(c) A thermostat.

(d) A mercury switch.

(e) A mercury thermometer.

(f) A waste device that contains only elemental mercury as the hazardous waste constituent.

(g) A lamp.

(h) A pharmaceutical.

(i) Consumer electronics.

(j) Antifreeze.

(k) An aerosol can.

(2) The requirements of this rule do not apply to any of the following:

(a) A spent lead-acid battery that is managed pursuant to R 299.9804.

(b) A battery that is not a waste under part 2 of these rules. A used battery becomes a waste when it is discarded. An unused battery becomes a waste on the date the universal waste handler decides to discard it.

(c) A battery that is not hazardous waste. A battery is a hazardous waste if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.

(d) A pesticide identified in subrule (1) of this rule that is managed by farmers in compliance with R 299.9204(3)(b).

(e) A pesticide that does not meet the requirements in subrule (1) of this rule. The pesticide must be managed pursuant to parts 2 to 8 of these rules, except that aerosol cans that contain pesticides may be managed as aerosol cans universal waste under this rule.

(f) A pesticide that is not a waste under part 2 of these rules. A recalled pesticide becomes a waste on the first date on which the generator of the pesticide agrees to participate in the recall and the person conducting the recall decides to discard the pesticide. An unused pesticide becomes a waste on the date that the generator decides to discard it. The following pesticides are not wastes:

(i) A recalled pesticide if the person conducting the recall is in compliance with either of the following provisions:

(A) The person has not made a decision to discard the pesticide. Until a decision is made, the pesticide does not meet the definition of a waste under R 299.9202 and, therefore, is not considered a hazardous waste subject to regulations under these rules. The pesticide remains subject to the requirements of the FIFRA.

(B) The person has made a decision to use a management option that does not result in the pesticide meeting the definition of a waste under R 299.9202. The pesticide, including a recalled pesticide that is exported to a foreign destinations for use or reuse, remains subject to the requirements of the FIFRA.

(ii) An unused pesticide product if the generator of the unused pesticide product has not decided to discard the product. The pesticide product remains subject to the requirements of the FIFRA.

(g) A pesticide that is not hazardous waste. A pesticide is a hazardous waste if it is listed under R 299.9213 or R 299.9214 or if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.

(h) A thermostat, mercury switch, mercury thermometer, or a waste device that contains only elemental mercury as the hazardous waste constituent that is not a waste under part 2 of these rules. A used thermostat, mercury switch, mercury thermometer, or a used waste device that contains only elemental mercury as the hazardous waste constituent becomes a waste on the date it is discarded. An unused thermostat, mercury switch, mercury thermometer, and an unused waste device that contains only elemental mercury as the hazardous waste constituent becomes a waste on the date that the universal waste handler decides to discard it.

(i) A thermostat, mercury switch, mercury thermometer, and a waste device that contains only elemental mercury as the hazardous waste constituent that is not hazardous waste. A thermostat, mercury switch, mercury thermometer, and a waste device that contains only elemental mercury as the hazardous waste constituent is a hazardous waste if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.

(j) A lamp that is not a waste under part 2 of these rules. A used lamp becomes a waste on the date that the universal waste handler permanently removes it from its fixture. An unused lamp becomes a waste on the date that the universal waste handler decides to discard it.

(k) A lamp that is not a hazardous waste. A lamp is a hazardous waste if it exhibits 1 or more of the hazardous characteristics identified in R 299.9212.

(l) A pharmaceutical that is not a waste under part 2 of these rules. An unused pharmaceutical becomes a waste on the date that the universal waste handler decides to discard it.

(m) A pharmaceutical that is not a hazardous waste. A waste pharmaceutical is a hazardous waste if it is listed under R 299.9213 or R 299.214 or if it exhibits 1 or more hazardous waste characteristics under R 299.9212.

(n) Consumer electronics that are not a waste under part 2 of these rules. A consumer electronic becomes a waste on the date that the universal waste handler decides to discard it.

(o) Consumer electronics that are not a hazardous waste. A consumer electronic is a hazardous waste if it is listed under R 299.9213 or R 299.214, or if it exhibits 1 or more hazardous waste characteristics under R 299.9212.

(p) Antifreeze that is not a waste under part 2 of these rules. Used antifreeze becomes a waste when it is discarded. Unused antifreeze becomes a waste on the date that the universal waste handler decides to discard it.

(q) Antifreeze that is not a hazardous waste. Antifreeze is a hazardous waste if it is listed in R 299.9213 or R 299.9214, or if it exhibits 1 or more hazardous waste characteristics under R 299.9212.

(r) Aerosol cans that are not a waste under part 2 of these rules. An unused aerosol can becomes a waste on the date the universal waste handler decides to discard it. A used aerosol can becomes a waste when it is discarded.

(s) Aerosol cans that are not a hazardous waste. An aerosol can is a hazardous waste if it contains a substance that is listed in R 299.9213 or R 299.9214, or if it exhibits 1 or more hazardous waste characteristics under R 299.9212.

(t) An aerosol can that is empty under R 299.9207.

(3) A person that manages household wastes that are exempt from regulation under R 299.9204(2)(a) and are also of the same type as the universal wastes identified in subrule (1) of this rule or very small quantity generator wastes that are exempt from regulation under R 299.9304 and are also of the same type as the universal wastes identified in subrule (1) of this rule may, at the person's option, manage the wastes under this rule. A person who commingles household wastes or very small quantity generator wastes with universal waste regulated pursuant to this rule shall manage the commingled waste under the requirements of this rule.

(4) A universal waste small quantity handler shall comply with all of the following requirements:

(a) The requirements of 40 CFR part 273, subpart B, except 273.10 and 273.18(b).

(b) If the universal waste small quantity handler is self-transporting universal waste offsite, then the handler becomes the universal waste transporter for the self-transportation activities and shall comply with the requirements of subrule (6) of this rule while transporting the universal wastes.

(c) If the universal waste small quantity handler handles mercury switches, mercury thermometers, or waste devices that contain only elemental mercury as the hazardous waste constituent, then 40 CFR 273.13(c) applies to the mercury switches, mercury thermometers, and waste devices that contain only elemental mercury as the hazardous waste constituent.

(d) If the universal waste small quantity handler manages pharmaceuticals, then all of the following additional requirements must apply:

(i) The pharmaceuticals must be managed in a manner that prevents releases of any universal waste or component of a universal waste to the environment. The pharmaceuticals must be contained in a container that remains closed, except to add or remove universal waste, is structurally sound, is compatible with the pharmaceutical, and lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable circumstances, or if the container does not meet these conditions, is overpacked in a container that does meet these conditions.

(ii) If a release of pharmaceuticals or component of pharmaceuticals occurs, the release must be immediately cleaned up and properly characterized for disposal.

(iii) A universal waste handler may disassemble packaging and sort pharmaceuticals.

(iv) Incompatible pharmaceuticals must be segregated. Adequate distance must be employed to prevent the contact of incompatible materials.

(e) If the universal waste small quantity handler manages consumer electronics, then all of the following additional requirements apply:

(i) The consumer electronics must be managed in a manner that prevents breakage or the release of any universal waste or components of universal waste by containing the consumer electronics in packaging that will prevent breakage during normal handling conditions.

(ii) Label the outer packaging or container with the words "universal waste consumer electronics" or "universal waste electronics."

(iii) Properly contain, classify, and dispose of releases and potential releases of consumer electronics and residues.

(f) A universal waste small quantity handler handling consumer electronics may perform any of the following activities and shall still be regulated as a universal waste small quantity handler:

(i) Repair the consumer electronics for potential direct reuse.

(ii) Remove other universal wastes from the consumer electronics.

(iii) Remove individual modular components for direct reuse.

(g) If the universal waste small quantity handler manages antifreeze, then all of the following additional requirements must apply:

(i) The antifreeze must be managed in a manner that prevents releases of any universal waste or component of a universal waste to the environment.

(ii) The antifreeze must be contained in 1 or more of the following manners:

(A) A container that remains closed, except to add or remove universal waste, is structurally sound, is compatible with the antifreeze, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(B) A container that does not meet the requirements of subparagraph (A) of this paragraph, if the container is overpacked in a container that does meet the requirements of subparagraph (A) of this paragraph.

(C) A tank that meets the requirements of 40 CFR part 265, subpart J, except for 40 CFR 265.197(c), and 265.200.

(D) A transport vehicle or vessel that remains closed, except to add or remove universal waste, is structurally sound, is compatible with the antifreeze, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonable foreseeable conditions.

(iii) If a release of antifreeze or a component of antifreeze occurs, the release must be immediately cleaned up and properly characterized for disposal.

(iv) The containers or tanks used to manage the antifreeze must be labeled with the words "universal waste antifreeze," "waste antifreeze," or "used antifreeze."

(5) A universal waste large quantity handler shall comply with all of the following requirements:

(a) Maintain the universal waste large quantity handler designation through the end of the calendar year in which a total of 5,000 kilograms or more of universal waste is accumulated.

(b) The requirements of 40 CFR part 273, subpart C, except 273.30 and 273.38(b).

(c) If the universal waste large quantity handler is self-transporting universal waste off site, then the handler becomes the universal waste transporter for the self-transportation activities and shall comply with the requirements of subrule (6) of this rule while transporting the universal wastes.

(d) If the universal waste large quantity handler handles mercury switches, mercury thermometers, or waste devices that contain only elemental mercury as the hazardous waste constituent, then 40 CFR 273.33(c) applies to the mercury switches, mercury thermometers, and waste devices that contain only elemental mercury as the hazardous waste constituent.

(e) If the universal waste large quantity handler handles pharmaceuticals, all of the additional requirements of subrule (4)(d) of this rule.

(f) If the universal waste large quantity handler handles consumer electronics, all of the additional requirements of subrules (4)(e) and (f) of this rule.

(g) If the universal waste large quantity handler handles antifreeze, all of the additional requirements of subrule (4)(g) of this rule.

(6) A universal waste transporter shall comply with both of the following requirements:

(a) The requirements of 40 CFR part 273, subpart D, except 273.50 and 273.53.

(b) Store universal wastes at a universal waste transfer facility for 10 days or less. If the transporter stores universal wastes for more than 10 days, then the transporter becomes a universal waste handler and shall comply with the applicable requirements of subrules (4) and (5) of this rule while storing the universal wastes.

(7) Except as provided for in subrules (8) and (9) of this rule, an owner or operator of a destination facility shall comply with all of the following requirements:

(a) The requirements of parts 5 to 8 of these rules and the notification requirements under section 3010 of RCRA, 42 USC 6930.

(b) The requirements of 40 CFR 273.61 and 273.62.

(c) The requirements of the act and these rules if the owner or operator generates waste as a result of recycling universal waste.

(8) An owner or operator of a destination facility that recycles a particular universal waste without storing the universal waste before recycling shall comply with R 299.9206(1)(c).

(9) An owner or operator of a destination facility that stores lamps before recycling the lamps at the facility shall comply with R 299.9206(5).

(10) A person who manages universal waste that is imported from a foreign country into the United States shall comply with the following applicable requirements immediately after the universal waste enters the United States:

(a) The requirements of subrule (4) of this rule if a small quantity handler of universal waste.

(b) The requirements of subrule (5) of this rule if a large quantity handler of universal waste.

(c) The requirements of subrule (6) of this rule if a transporter of universal waste.

(d) The requirements of subrules (7) to (9) of this rule if a universal waste destination facility.

(e) The requirements of this rule and R 299.9314 if managing universal waste that is imported from an Organization for Economic Cooperation and Development country.

(11) 40 CFR part 273, subparts B to E, except 273.10, 273.18(b), 273.30, 273.38(b), 273.50, 273.53, and 273.60, are adopted by reference in R 299.11003. For the purposes of adoption, the term "department" replaces the term "EPA," except in 40 CFR 273.32(a)(3), the term "director" replaces the term "regional administrator," the term "R 299.9212" replaces the term "40 CFR part 261, subpart C," the term "R 299.9302" replaces the term " 40 CFR 262.11," the term "R 299.9304, R 299.9305, R 299.9306, or R 299.9307" replaces the term " 40 CFR 262.14, 15, 16, or 17," the term "R 299.9305 to R 299.9307" replaces the term "§262.34," the term "part 3 of these rules" replaces the term "40 CFR part 262," and the term "parts 2 to 8 of these rules" replaces the term "40 CFR parts 260 through 272."

Mich. Admin. Code R. 299.9228

1996 AACS; 1998 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2020 MR 14, Eff. 8/3/2020