Michigan recently updated regulations to it Hazardous Waste Management Program. The new rules were promulgated on May 5, 2025 (MOAHR 2023-005EQ). Some of the changes are industry specific such as the new rules surrounding the safe handling and disposal of recalled air bags (83 FR 61552), or the adoption of management standards for hazardous waste pharmaceuticals including updates to the P075 listing for nicotine (84 FR 5816). Others have more broad applications such as the Ignitable Liquids Determination which modernizes the criteria for identifying ignitable hazardous wastes (85 FR 40594) or updates to international waste codes specifically those applying to Canada’s import/export recovery and disposal codes (86 FR 54381). The new hazardous waste regulations in Michigan are expected to have a significant impact on the manufacturing sector. In the following paragraphs we will discuss some of these changes and their impacts.
The 2025 updates to the ignitable liquids include modernizing the criteria for determining whether a waste is ignitable, aligning state rules with updated federal standards. There are new acceptable test methods approved by the EPA: ASTM D93 and ASTM D3278, and an update to the definition now states that non-liquid wastes are considered ignitable if they can cause fire through friction, absorption of moisture, or spontaneous chemical changes and burn vigorously and persistently once ignited. It also updates the rule to be aligned with Department of Transportation (DOT) definitions and testing protocols for aerosols as well as updates how mixtures of alcohols and other flammable components are evaluated, especially those with flashpoints below 60°C (140°F). These changes aim to improve clarity, consistency and safety in hazardous classification, but may require updates to testing protocols and staff training.
The updates to the Canadian import and export recovery will also be important to Michigan manufacturers. The updates were made to align with rules and updates made by Canada to its hazardous waste tracking and classification system. Specifically, the changes ensure that waste shipments between Michigan and Canada use consistent coding for recovery and disposal operations, improving cross-border regulatory compliance and traceability. This alignment helps manufacturers and waste handlers avoid delays or rejections at the border due to mismatched documentation and supports more efficient international waste management practices.
For organic emissions testing, the new regulation introduces a new test method for measuring organic emissions from hazardous waste operations to align with the federal standard outlined in 88 FR 16732 (March 20, 2023). This change is designed to improve the accuracy and consistency of emissions monitoring, particularly volatile organic compounds (VOCs) released during the treatment, storage and disposal of hazardous wastes. Facilities must now use updated EPA-approved test methods, which may include more sensitive instrumentation and stricter sampling protocols. These enhancements aim to reduce environmental and health risks associated with airborne pollutants and ensure that emissions remain within safe regulatory limits. For manufacturers and waste handlers, this means updating monitoring equipment, retraining staff, and potentially increasing the frequency or scope of emissions testing to maintain compliance.
Finally, there is a new deadline for the electronic submission of monitoring data. Facilities must submit relevant environmental monitoring data, such as emissions or waste sampling results within 60 days of the sampling event, unless an alternative deadline is approved by the Director. Facilities that submit monitoring data outside of the approved deadline may face monetary fines which can range from hundreds to thousands of dollars per day, depending on the severity and duration of the non-compliance. Enforcement actions may be taken for consistently late submissions which may include compliance orders, mandatory corrective action, or suspension of permits. In cases where late reporting leads to environmental harm or conceals violations, facilities may be subject to legal proceedings, including lawsuits or criminal charges for willful non-compliance. The change in reporting period is designed to enhance regulatory oversight, improve data accuracy and streamline compliance tracking by reducing reliance on p
To address the changes noted in the new regulation, facilities should conduct a regulatory review to assess how the new rules will apply to their specific operations. Following the assessment, updates will need to be made to internal compliance plans to reflect the new standards, documentation needs, and inspection schedules. Finally, after updates to the internal documents, facilities should provide training to the appropriate staff on the new handling, storage and disposal procedures.
If you have additional questions on these changes, please reach out to Leslie Hartig in our Ann Arbor office at 734.356.3111.
