Section R. 299.9304 - Conditions for exemption for very small quantity generatorsRule 304.
(1) If a very small quantity generator meets all of the conditions for exemption listed in this rule, the hazardous waste generated by the very small quantity generator is not subject to regulation under parts 3 to 10 of these rules, except R 299.9301 to R 299.9304, and the notification requirements of section 3010 of RCRA, 42 USC 6930, and the very small quantity generator may accumulate hazardous waste on site without complying with the requirements. The conditions for exemption include all of the following: (a) In a calendar month, the very small quantity generator generates less than or equal to the amounts specified in the definition of "very small quantity generator."(b) The very small quantity generator complies with R 299.9302(1)(a)-(d).(c) If the very small quantity generator accumulates at any time greater than 1 kilogram of acute hazardous waste; 1 kilogram of severely toxic hazardous waste; or 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute or severely toxic hazardous waste listed, all quantities of that acute or severely toxic hazardous waste are subject to both of the following additional conditions for exemption: (i) The waste is held on site for no more than 90 days beginning on the date when the accumulated wastes exceed the amounts in this subdivision.(ii) The conditions for exemption in R 299.9307.(d) If the very small quantity generator accumulates at any time 1,000 kilograms or greater of non-acute hazardous waste, all quantities of that hazardous waste are subject to all of the following additional conditions for exemption: (i) The waste is held on site for no more than 180 days, or 270 days, if applicable, beginning on the date when the accumulated waste exceed the amounts in this subdivision.(ii) The quantity of waste accumulated on site never exceeds 6,000 kilograms.(iii) The conditions for exemption in R 299.9306(1)(b) and (d) to (r), (3), and (4).(e) A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits in subdivisions (c) and (d) of this subrule shall either treat or dispose of its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility. If the facility is located in the United States, it shall comply with 1 of the following requirements: (i) Be licensed under part 111 of the act, MCL 324.11101 to 324.11153, for that waste type or be operating under R 299.9502(3), (4), or (5).(ii) Be in another state and be authorized to manage hazardous waste by the state under a hazardous waste management program that is approved under 40 CFR part 271.(iii) Be in another state and be permitted or licensed under 40 CFR part 270.(iv) Be in another state and be in interim status under 40 CFR parts 270 and 265.(v) Be a facility that stores or treats the waste and that is in compliance with the applicable requirements of parts 31, 55, and 115 of the act, MCL 324.3101 to 324.3134, 324.5501 to 324.5542, and 324.11501 to 324.11554.(vi) Be a disposal facility that is in compliance with the applicable requirements of parts 31, 55, and 115 of the act, MCL 324.3101 to 324.3134, 324.5501 to 324.5542, and 324.11501 to 324.11554.(vii) Be in another state and be permitted, licensed, or registered by that state to manage municipal waste that, if managed in a municipal waste landfill, is subject to 40 CFR part 258.(viii) Be in another state and be permitted, licensed, or registered by that state to manage nonmunicipal waste that, if managed in a nonmunicipal waste disposal unit after the effective date of these rules, is subject to 40 CFR 257.5 to 257.30.(ix) Be a facility that beneficially uses or reuses, or legitimately recycles or reclaims, the waste or treats the waste before the beneficial use or reuse or legitimate recycling or reclamation.(x) Be an off-site publicly owned treatment works, if the waste is in compliance with all federal, state, and local pretreatment requirements and, if the waste is shipped by vehicle, the conditions of R 299.9503(3)(b) are met.(xi) For universal waste managed under to R 299.9228, be a universal waste handler or destination facility in compliance with R 299.9228.(xii) Be a large quantity generator under the control of the same person as the very small quantity generator and meet all of the conditions below. As used in this rule, "control" means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person are not considered to "control" the generators. The conditions include all of the following: (A) The very small quantity generator marks each container of hazardous waste with the words "Hazardous Waste."(B) The very small quantity generator marks each container of hazardous waste with a description of the waste or the hazardous waste number, and an indication of the hazards of the contents. The indication of the hazards of the contents may include the applicable hazardous waste characteristic(s), the hazard communication consistent with 49 CFR part 172, subpart E or F, a hazard statement or pictogram consistent with 29 CFR 1910.1200, or a chemical hazard label consistent with the NFPA standard no. 704.(f) The very small quantity generator accumulates waste in an area where the waste is protected from weather, fire, physical damage, and vandals.(g) The hazardous waste accumulation is conducted so that hazardous waste or hazardous waste constituents cannot escape by gravity into the soils, directly or indirectly, into surface or groundwaters, or into drains or sewers and so that fugitive emissions are not in violation of part 55 of the act, MCL 324.5501 to 324.5542.(2) The placement of bulk or noncontainerized liquid hazardous waste or hazardous waste containing free liquids, whether or not sorbents have been added, in any landfill is prohibited.(3) A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with R 299.9316 instead of R 299.9305 to R 299.9307.Mich. Admin. Code R. 299.9304
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