Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
Michigan generally follows the federal rules for hazardous waste management and also has more stringent state requirements.
1. Do I need an EPA ID number to handle hazardous wastes
2. How do I determine my generator status?
Michigan generally follows the federal rules for defining generator status. CESQG's are limited to generating in a month or accumulating at any time 1 kilogram or less of waste that satisfies the criteria of the characteristic of severe toxicity,In order to maintain CESOG status, generators must dispose of hazardous waste in an on-site facility; deliver waste to a federally-approved off-site facility; or to an approved state facility.
3. How can I tell if the waste materials I handle are considered
Michigan somewhat follows the federal rules for defining hazardous wastes but has many more stringent state requirements.Michigan regulates close to 150 wastes as hazardous. This is in addition to those regulated under federal law. Michigan has not adopted all of the waste and hazardous waste exclusions available under the federal rules, making waste determinations more stringent. Michigan identifies severe toxicity as a hazardous waste characteristic.Michigan follows a more stringent rule for mixtures of waste and severely toxic waste.
4. How long can I store hazardous wastes on site?
Michigan generally follows the federal rules for storing hazardous wastes.Hazardous waste tank management rules are more stringent because the state's flammable liquid storage requirements are applicable to hazardous waste storage tanks.Hazardous waste storage tanks without secondary containment must meet strict state requirements.Storage facilities are required to have two separate permits: a DEQ operating permit and a DEQ construction permit. Facility owners and operators must pay permit application fees to the state. Facilities must prevent the release of hazardous wastes by operating and maintaining control and management systems.Generators are allowed to accumulate on-site hazardous waste if they comply with the state's accumulation ruleAll hazardous waste generators that store hazardous waste on-site in containers or tanks, must maintain storage areas that provide protection from fire, vandals, physical damage, and weather conditions; prevent hazardous waste releases into the soil, groundwater, surface water, drains, and sewers; and prevent hazardous waste releases in violation of the state's fugitive air emission rules. All hazardous waste containers and tanks in Michigan must be labeled with the words "Hazardous Waste," and with the waste's ID number.All generators, in the event of a release of hazardous waste or constituents, a fire or explosion, that could threaten or harm the environment or human health, must immediately notify DEQ. Notification is also required if the generator knows that a spill has reached surface water or groundwater.If generators comply with the state's marking, labeling and container requirements, they may accumulate as much as 55 gallons of hazardous waste, or one quart of either acutely hazardous waste, or severely toxic hazardous waste in containers at or near the point of generation.
5. Who can transport and receive the wastes I ship off site?
Michigan follows some the federal rules for shipping hazardous wastes to a TSD.Hazardous waste transporters in Michigan must comply with reporting; import and export, discharge and land disposal requirements. They must be permitted under the Hazardous Materials Transportation Act if they transport by highway and carry a copy of the registration and permit in their vehicle. They must comply with vehicle standards, use and retain manifests, and keep all records ready for review, and on file for at least three years. They must have an EPA ID number, ensure they comply with financial responsibility, consolidation and commingling requirements. They must also comply with transfer facility operating rules, universal waste rule, and maintain their exterior vehicle and equipment free of hazardous waste constituents.
6. What records do I have to keep?
Michigan follows the federal rules for recordkeeping. LQGs and SQGs may be required to submit evaluation results in connection with their hazardous waste determinations. All generators are required to submit periodic reports on their hazardous waste activities.
7. Do I have to file reports?
Michigan generally follows the federal rules for reporting. Generators must keep documentation on file for three years if they utilize the state permit exemption regulations for on-site treatment of hazardous waste without a treatment facility permit.
8. What training requirements do I have to meet?
Michigan follows the federal rules for training.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Michigan these differences include:
State regulations will require the use of the new uniform manifest for all regulated shipments of liquid industrial waste and PCB waste as required under the regulations. Beyond the hazardous waste listed by the EPA, the Michigan Department of Environmental Quality has additional state-specific waste codes. Michigan Hazardous Waste Number: 001S; 002S; 003S; 004S; 005S; 006S; 007S. Hazardous Waste from Specific Sources: 001K; 002K. Substances: 001U; 002U; 003U; 004U; 005U; 006U; 007U; 157U; 008U; 009U; 158U; 011U; 012U; 013U; 014U; 147U; 148U; 159U; 015U; 016U; 017U; 020U; 160U; 161U; 022U; 023U; 024U; 025U; 027U; 028U; 152U; 029U; 030U; 031U; 032U; 033U; 034U; 150U; 162U; 036U; 037U; 038U; 163U; 151U; 040U; 041U; 042U; 043U; 044U; 046U; 164U; 048U; 049U; 050U; 051U; 052U; 054U; 055U; 056U; 165U; 057U; 058U; 059U; 166U; 061U; 063U; 064U; 065U; 068U; 070U; 071U; 072U; 073U; 167U; 074U; 075U; 076U; 077U; 078U; 079U; 082U; 083U; 086U; 088U; 089U; 090U; 092U; 093U; 094U; 095U; 096U; 097U; 098U; 099U; 100U; 101U; 102U; 103U; 104U; 106U; 168U; 108U; 169U; 110U; 111U; 112U; 113U; 117U; 118U; 119U; 120U; 121U; 115U; 116U; 122U; 124U; 127U; 128U; 129U; 170U; 153U; 131U; 132U; 134U; 135U; 136U; 137U; 138U; 139U; 140U; 154U; 171U; 172U; 173U; 141U; 142U; 143U; 174U; 175U; 155U; 146U. Shipments of liquid industrial waste must be manifested. Mixed Solvents 007L 007LC; Pharmaceutical 014L 014LC; Crankcase Oil 017L 017LC; Coolants and Water Soluble Oils 019L 019LC; Other Oil 021L 021LC; Brine 022L 022LC; PCB 026L 026LC; Other wastes 029L 029LC; Antifreeze 030L 030LC; Storm Sewer Cleanouts 031L 031LC; Sanitary Sewer Cleanouts 032L 032LC; X-Ray/Photo Cleaning Solutions 033L 033LC; Water Based Cleaning Solutions 034L 034LC; Car Wash Sludges 035L 035LC; Grease Trap Wastes 036L 36LC.
Upon placing the waste into transportation, after the generator and first transporter signs and dates manifest, make a legible copy and submit the copy to the Michigan Department of Environmental Quality, Waste and Hazardous Materials Division no later than the 10th day of the month following the shipment. To become registered the printer has to submit samples of the manifest and the sixth page is supposed to be legible. Upon signing and dating the manifest as received, give page 5: "Transporter" copy to the transporter. Return page 3: "Designated Facility to Generator Copy" to the generator. For designate facilities, mail page 1 or 2: to the Michigan Department of Environmental Quality, Waste and Hazardous Materials Division no later than the 10th day of the month following receipt of the shipment.
Other Notes, Comments::
Requirement for shipments of hazardous waste transits through Canada. There would be no requirement to add anything to the U.S. manifest to reflect that the shipment entered Canada briefly and then left Canada while on its way to the U.S. facility. They would, however, need to comply with the Canadian permit and manifest requirements applicable to transits. Management Method Code. This is the code that large quantity generators and designated facilities enter on the Hazardous Waste (biennial) Report. For all hazardous waste use the applicable code. For all liquid industrial waste use the most applicable code but if one does not apply please enter in LIW.
Additional Websites: Michigan Uniform Manifest Information
10. What are some other differences between federal and state
- Waste and Hazardous Materials Division, Hazardous Waste Section
Hazardous Waste Section, Hazardous Waste, (517) 335-2690