Mich. Admin. Code R. 299.9306

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

Section R. 299.9306 - Conditions for exemption for small quantity generators that accumulate hazardous waste

Rule 306.

(1) A small quantity generator may accumulate hazardous waste on site without an operating license issued under part 111 of the act, MCL 324.11101 to 324.11153, and without complying with parts 5 to 8 of these rules or the notification requirements of section 3010 of RCRA, 45 USC 6930, if all of the following conditions are met:

(a) The small quantity generator generates in a calendar month no more than the amounts specified in the definition of "small quantity generator."

(b) The small quantity generator accumulates hazardous waste on site for no more than 180 days, unless the small quantity generator is in compliance with the conditions for longer accumulation in subrules (3) and (4) of this rule.

(c) The quantity of hazardous waste accumulated on site never exceeds 6,000 kilograms.

(d) The hazardous waste is managed under 1 or more of the following methods:

(i) In containers and the small quantity generator complies with the containment requirements of 40 CFR 264.175 if the quantity of waste accumulated on site exceeds 1,000 kilograms, and with all of the following:

(A) If a container holding hazardous waste is not in good condition, or if it begins to leak, the small quantity generator shall immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak, or immediately manage the waste in some other way that complies with the conditions for exemption of this rule.

(B) Use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.

(C) Containers holding hazardous waste must be closed at all times during accumulation, except when it is necessary to add or remove waste.

(D) Containers holding hazardous waste must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.

(E) At least weekly, inspect central accumulation areas looking for leaking containers and for deterioration of containers caused by corrosion or other factors.

(F) All of the following special standards for incompatible wastes:

(I) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same container unless the requirements of 40 CFR 265.17(b) are met.

(II) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material unless the requirements of 40 CFR 265.17(b) are met.

(III) A container accumulating hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.

(G) Mark or label each container with all of the following:

(I) The words "Hazardous Waste."

(II) 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.

(III) The date upon which each period of accumulation begins clearly visible for inspection on each container.

(ii) In tanks and the small quantity generator complies with all of the following:

(A) Treatment or accumulation of hazardous waste in tanks must comply with 40 CFR 265.17(b).

(B) Hazardous wastes or treatment reagents must not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life.

(C) Uncovered tanks must be operated to ensure at least 60 centimeters of freeboard, unless the tank is equipped with a containment structure like a dike or trench, a drainage control system, or a diversion structure like a standby tank with a capacity that equals or exceeds the volume of the top 60 centimeters of the tank.

(D) If hazardous waste is continuously fed into a tank, the tank must be equipped with a means to stop this inflow.

(E) Except as noted in subparagraph (F) of this paragraph, a small quantity generator that accumulates hazardous waste in tanks must inspect, where present:

(I) Discharge control equipment at least once each operating day, to ensure that it is in good working order.

(II) Data gathered from monitoring equipment at least once each operating day to ensure that the tank is being operated according to its design.

(III) The level of waste in the tank at least once each operating day to ensure compliance with subparagraph (C) of this paragraph.

(IV) The construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams.

(V) The construction materials of, and the area immediately surrounding, discharge confinement structures at least weekly to detect erosion or obvious signs of leakage. The small quantity generator shall remedy any deterioration or malfunction of equipment or structures that the inspection reveals on a schedule that ensures that the problem does not lead to an environmental or human health hazard. If a hazard is imminent or has already occurred, remedial action must be taken immediately.

(F) A small quantity generator accumulating hazardous waste in tanks or tank systems that have full secondary containment and that either use leak detection equipment to alert personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, shall inspect at least weekly, where applicable, the areas identified in subparagraph (E)(I) to (V) of this paragraph. Use of the alternate inspection schedule must be documented in the small quantity generators operating record. This documentation must include a description of the established workplace practices at the small quantity generator.

(G) Upon closure of the small quantity generators site, that small quantity generator shall remove all hazardous waste from tanks, discharge control equipment, and discharge confinement structures. At closure, as throughout the operating period, unless the small quantity generator can demonstrate, in accordance with R 299.9203(3) or (5), that any waste removed from its tank is not a hazardous waste, it shall manage the waste in accordance with all applicable provisions of parts 3, 4, and 6 of these rules.

(H) Ignitable or reactive waste must not be placed in a tank, unless 1 or more of the following occurs:

(I) The waste is treated, rendered, or mixed before or immediately after placement in a tank so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under R 299.9212 and 40 CFR 265.17(b) is met.

(II) The waste is accumulated or treated in a way that it is protected from any material or conditions that may cause the waste to ignite or react.

(III) The tank is used solely for emergencies.

(I) A small quantity generator that treats or accumulates ignitable or reactive waste in covered tanks shall comply with the buffer zone requirements for tanks contained in Tables 2-1 to 2-6 of the NFPA standard no. 30.

(J) The following special conditions for incompatible wastes:

(I) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same tank, unless the requirements of 40 CFR 265.17(b) are met.

(II) Hazardous waste must not be placed in an unwashed tank that previously held an incompatible waste or material, unless the requirements of 40 CFR 265.17(b) are met.

(K) Mark or label each tank with all of the following:

(I) The words "Hazardous Waste."

(L) Use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 180 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 180 days of first entering. The inventory logs or records must be kept onsite and readily available for inspection.

(iii) Place the hazardous waste on a drip pad and comply with all of the following:

(A) 40 CFR part 265, subpart W, except 265.445(c).

(B) The small quantity generator must remove all wastes from the drip pad at least once every 90 days. Any hazardous wastes that are removed from the drip pad at least once every 90 days are then subject to the 180-day accumulation limit in subdivision (b) of this subrule and R 299.9305 if hazardous wastes are being managed in satellite accumulation areas before being moved to the central accumulation area.

(C) The small quantity generator must maintain on site the following records readily available for inspection:

(I) A written description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days.

(II) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

(e) The applicable requirements of 40 CFR part 268.

(f) The small quantity generator shall maintain and operate the small quantity generator site in a manner that minimizes the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment.

(g) All areas where hazardous waste is either generated or accumulated must be equipped with all the items specified in this subdivision, unless none of the hazards posed by waste handled at the small quantity generators site could require a particular kind of specified equipment or the actual waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of specified equipment. A small quantity generator shall determine the most appropriate locations to locate specified equipment necessary to prepare for and respond to emergencies:

(i) An internal communications or alarm system capable of providing immediate emergency instruction, voice or signal, to small quantity generator site personnel.

(ii) A device, such as a telephone immediately available at the scene of operations or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams.

(iii) Portable fire extinguishers, fire control equipment, including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals, spill control equipment, and decontamination equipment.

(iv) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

(h) All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

(i) When hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate, unimpeded access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the device is not required under subdivision (g) of this subrule.

(j) If there is just 1 employee on the premises while the small quantity generators site is operating, the employee shall have immediate unimpeded access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the a device is not required under subdivision (g) of this subrule.

(k) The small quantity generator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of small quantity generators site operation in an emergency, unless aisle space is not needed for any of these purposes.

(l) The small quantity generator shall attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals, taking into account the types and quantities of hazardous wastes handled at the small quantity generators site. Arrangements may be made with the local emergency planning committee, if it is determined to be the appropriate organization with which to make arrangements. As part of this coordination, the small quantity generator shall attempt to familiarize these organizations with the layout of the small quantity generators site, the properties of hazardous waste handled at the small quantity generators site and associated hazards, places where personnel would normally be working, entrances to roads inside the small quantity generators site, and possible evacuation routes as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the small quantity generators site. If more than 1 police or fire department might respond to an emergency, the small quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority. The small quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms the arrangements actively exist or, if no arrangements exist, confirms that attempts to make the arrangements were made. A small quantity generator possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction over the fire code within the small quantity generators state or locality as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, if the waiver is documented in the operating record.

(m) The small quantity generator shall ensure that, at all times, there is at least 1 employee either on the premises or on call with the responsibility for coordinating all emergency response measures specified in subdivision (p) of this subrule. This employee is the emergency coordinator and, if on call, shall be available to respond to an emergency by reaching the small quantity generators site within a short period of time.

(n) The small quantity generator shall post next to telephones or in areas directly involved in the generation and accumulation of hazardous waste the name and emergency telephone number of the emergency coordinator; the location of fire extinguishers and spill control material, and, if present, fire alarm; and the telephone number of the fire department, unless the small quantity generators site has a direct alarm.

(o) The small quantity generator shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal site operations and emergencies.

(p) The emergency coordinator or his or her designee shall respond to any emergencies that arise. The applicable responses are as follows:

(i) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher.

(ii) In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil. The containment and cleanup may be conducted either by the small quantity generator or by a contractor on behalf of the small quantity generator.

(iii) In the event of a fire, explosion, or other release of hazardous waste or hazardous waste constituents that could threaten human health or the environment or if the small quantity generator has knowledge that a spill has reached surface water or groundwater, the small quantity generator shall also immediately notify the departments pollution emergency alerting system telephone number 800-292-4706. For releases that could threaten human health outside the small quantity generators site or if the small quantity generator has knowledge that a spill has reached surface water, the small quantity generator shall immediately notify the national response center at its 24-hour toll free number - 800-424-8802. The notifications must include all of the following information:

(A) The name and telephone number of the person who is reporting the incident.

(B) The name, address, telephone number, and site identification number of the small quantity generator.

(C) The date, time, and type of incident.

(D) The name and quantity of the material or materials involved and released.

(E) The extent of injuries, if any.

(F) The estimated quantity and disposition of recovered materials that resulted from the incident, if any.

(G) An assessment of actual or potential hazards to human health or the environment.

(H) The immediate response action taken.

(q) The small quantity generator ensures that the area where the waste is accumulated is protected from weather, fire, physical damage, and vandals.

(r) The small quantity generator ensures that hazardous waste accumulation is conducted so hazardous waste or hazardous waste constituents cannot escape by gravity into the soil, 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) A small quantity generator who shall transport its waste, or offer its waste for transportation, over a distance of 200 miles or more for off-site treatment, storage, or disposal may accumulate hazardous waste on site for 270 days or less without an operating license or without being an existing facility under to R 299.9502, if he or she complies with subrule (1)(b) to (r) of this rule.

(3) A small quantity generator who accumulates hazardous waste for more than 180 days, or 270 days as allowed for in subrule (2) of this rule, is an operator of a storage facility and is subject to the requirements of parts 5 to 7 of these rules unless the small quantity generator has been granted an extension to the 180-day or, if applicable 270-day, period. The director or his or her designee may grant an extension if hazardous wastes shall remain on site for longer than 180 days or 270 days, if applicable, due to unforeseen, temporary, and uncontrollable circumstances. The director or his or her designee may grant an extension of up to 30 days on a case-by-case basis.

(4) A small quantity generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of R 299.9608 may accumulate the returned waste on site in accordance with subrule (1) to (3). Upon receipt of the returned shipment, the small quantity generator must:

(a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.

(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

(5) A small quantity generator experiencing an episodic event may accumulate hazardous waste in accordance with R 299.9316 instead of R 299.9307.

Mich. Admin. Code R. 299.9306

1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 1998 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2020 MR 14, Eff. 8/3/2020