In the state of Michigan, hazardous waste is regulated by Part 111, Hazardous Waste Management, of the Natural Resources and Environmental Protection Act 451 and codified under Michigan Administrative Code (MAC) (R 299.9101 et seq.). Management is overseen by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) on behalf of the state of Michigan and United States Environmental Production Agency (US EPA) Region 5. Any facility handling or managing a waste stream is responsible for properly managing the waste from “cradle to grave”. Examples of responsible parties include generators, transporters, and treatment storage and disposal facilities (TSDFs). In order to stay in compliance and avoid fines and legal actions, facilities need to understand the regulations and reporting requirements for hazardous waste. The following is a summary of hazardous waste determination, generator status, and generator requirements in the state of Michigan.
Hazardous Waste Determination
Wastes are defined as hazardous if they are not excluded from regulations and:
- Are listed as a hazardous waste in regulations or
- Exhibit hazardous characteristics as defined in regulations.
Hazardous waste determination is made at the point of waste generation before any dilution, mixing, or other alteration of the waste occurs to ensure preventative pollution measures do not include dilution.
Referencing Rule 299.9208 and Rule 299.9209 of the Michigan’s Hazardous Waste Management Program Administrative Rules and Waste Characterization Guidance, the following steps can be performed for hazardous waste determination:
- Identify all waste streams on site.
- Determine if waste is a “listed” hazardous waste.
- Determine if waste exhibits any of the following hazardous characteristics: ignitable, toxic, corrosive reactive, or severely toxic.
- Determine if the waste is exempt or excluded from the definition of a solid waste or hazardous waste. Some common exemptions are household hazardous waste, universal waste, empty containers, laboratory samples, and recycling or reclamation.
- Determine if other waste regulations apply such as liquid industrial by-product and solid waste regulations.
- Maintain records for all waste streams for at least 3 years from date waste was last shipped off site. Include information such as facility details, waste profiles, safety data sheets, storage and transportation restrictions, etc.
- Recharacterize as necessary as processes and/or materials change (there is no specific timeframe to re-evaluate waste determination, but periodic reviews are recommended).
Waste determinations can be completed by the generator, hired consultant, or a combination of in-house expertise and the expertise of a consultant. Waste determination documents such as characterization forms, safety data sheets, and laboratory results should be maintained for three years and be readily accessible for regulatory inspections and staff reference.
Hazardous waste cannot be mixed or diluted with a nonhazardous waste to avoid regulations. In general, a combined listed hazardous waste with nonhazardous waste will be regulated as listed hazardous waste. The exception is when a very small quantity generator (VSQG) combines listed hazardous waste with other wastes that do not exhibit a hazardous waste characteristic.
Hazardous Waste Generator Status
If it has been determined the waste is hazardous, generator status (category) must be evaluated on a continual basis. According to Rule 299.9303 of the Michigan hazardous waste regulations, generator status is based on the following:
- Total weight of hazardous waste generated each calendar month at the site and
- Weight of hazardous waste accumulated at the site at any one time.
Below is a summary of the three generator categories.
Table 1. Summary of Hazardous Waste Generator Categories
| Generator Category | Max amount of nonacute hazardous waste generated per month | Max volume1 of nonacute hazardous waste generated per month | Max amount of acute or severely toxic hazardous waste generated per month | Max amount of contaminated soil, water, or debris from clean-up of acute or severely toxic hazardous waste generated per month | Very Small Quantity Generator (VSQG) | < 220 lbs | < half a 55-gallon drum or < 25 gallons | < 2.2 lbs | < 220 lbs | Small Quantity Generator (SQG) | > 220 lbs but
< 2,200 lbs | > half a 55-gallon drum and < five 55-gallon drums or >25 gallons and
<250 gallons | < 2.2 lbs | < 220 lbs | Large Quantity Generator (LQG) | > 2,200 lbs | > five 55-gallon drums or > 250 gallons | > 2.2 lbs | > 220 lbs | 1 Volumes are approximate |
Once the amounts of hazardous waste generated within the calendar month have been calculated, the generator category can be determined using the summary table. Generator status may change throughout the year if the monthly amount of hazardous waste generated changes. In order to maintain the same status, eliminate fluctuating generator obligations, and reduce the risk of non-compliance, generators may use the episodic event provisions.
Generators are allowed to have one planned or unplanned episodic event annually and cannot generate more than 13,200 lbs of nonacute hazardous waste during an event. An episodic event is an activity or activities, planned or unplanned, that does not normally occur during generator operations and result in an increase in the generation of hazardous wastes that may exceed the quantity limits the of generator’s status. Current generator status may remain unchanged when sites meet the episodic event requirements stated in regulations. The generator may petition EGLE for a second episodic event. For more detailed information on episodic events, reference the article Understanding the Hazardous Waste Episodic Generation Rule by Trinity’s Hazardous Waste Practice Group.
Hazardous Waste Generator Requirements
In addition to the accumulation requirements, each generator category is subject to various reporting and other requirements such as onsite plans, notifications, labeling, training, etc. Below is a summary of the most common requirements. Reference Part 111 (Hazardous Waste Management) of Act 451 for the full list of requirements per generator status.
Table 2. Summary of Common Hazardous Waste Generator Accumulation Requirements
| Requirement | VSQG | SQG | LQG | Max amount of nonacute hazardous waste that can be accumulated onsite | < 2,200 lbs | < 13,200 lbs | No maximum amount | Max time period before waste must be shipped | No time limit unless the amount exceeds 2,200 lbs | 180 days, unless shipping over 200 miles, then 270 days | 90 days | Notification and Site/EPA ID # | No, unless the site has an episodic event | Yes, renotification is required every four years | Yes, renotification required during Biennial Reporting | Personnel training1 | No | Yes, basic training | Yes, extensive training required annually | On-site plans | No | - Contingency Plan
- Waste Analysis
| - Contingency Plan
- Waste Analysis Plan needed for onsite treatment
| Annual handler fees | No, unless the site has an episodic event | Yes, $100 user charge2 | Yes, between $400-$1,000 user charge2 | Hazardous waste/biennial report | No | No | Yes | Annual import/export report | Yes | Yes | Yes | Accumulation area inspections | No | Yes, weekly container, tank, and written inspections logged | Yes, weekly container, tank, and written inspections logged |
1 US DOT training required when shipping hazardous waste.
2 Annual hazardous waste user charges are based on the generator status observed during the preceding calendar year. |
Summary
When conducted properly and regularly, hazardous waste characterization and generator status determination can help facilities stay in compliance with regulations, prepare for regulatory inspections and minimize liability risks. Furthermore, it can help reduce costs by recognizing the site’s cost implications associated with the use of the new materials and changing processes.
Trinity is happy to assist with hazardous waste characterization, identifying exemptions and exclusions, generator status, reporting, Contingency Plans, Waste Management Plans and other compliance assistance. Please visit the Ann Arbor office page and reach out to our Ann Arbor team: Karlee Foster and Regina DiLavore.
