Regulatory Affairs Manual Series 100 s4

R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 W A S T E M A N A G E M E N T C O M P L I A N C E G U I D E P R O G R A M 1 0 5 . 0 1

Appendix 8: Summary of Michigan Waste Regulations

Rev. # 1 Effective Date: August 2004 Revision Date: December 2004 Mandatory Discretionary  R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 W A S T E M A N A G E M E N T C O M P L I A N C E G U I D E P R O G R A M 1 0 5 . 0 1

1 INTRODUCTION TO STATE WASTE REGULATIONS 1.1 Purpose This appendix is designed to supplement the Federal regulatory information contained in the Waste Management Compliance Guide to assist Fisher Scientific facilities with managing hazardous waste in accordance with the regulations on the State level that differ from Federal regulations under the Resource Conservation and Recovery Act (RCRA). The majority of states, including Michigan, have been authorized to administer the RCRA program, and many of them have added more stringent standards to the federal regulations; this appendix provides a guide for these more stringent regulations. There may be additional regulations on a local level that also apply to a facility, and it is essential to be familiar with these as well.

This material is designed to cover the Michigan requirements for both large and small quantity generators since Fisher Scientific facilities fall into both categories. However, this manual does not provide a comprehensive description of treatment, storage and disposal facility (TSDF) requirements for those facilities with Part B permits (no Fisher facilities have Part B permits).

1.2 Overview Michigan Department of Environmental Quality (MDEQ, available on-line at http://www.michigan.gov/deq) administers the state and federal regulations. The state regulations are equivalent to the federal rules for hazardous waste generators with additional requirements for generators including:

 Registration (see Section 1.4);

 Universal Waste (see Section 2);

 Infectious/Medical Waste (see Section 2);

 On-Site Requirements (see Section 3);

 Hazardous Waste Manifests (see Section 4);

 Recordkeeping (see Section 5);

 Emergency Reporting (see Section 5);

 Biennial Reports (see Section 5);

 Exception Reporting (see Section 5); and

 Annual Handler User Charge (see Section 5).

Transporting hazardous waste, training, emergency preparedness and prevention, and waste minimization requirements do not differ from Federal regulations

Rev. # 1 Effective Date: August 2004 App. 8-2 Michigan Revision Date: December 2004 Mandatory Discretionary  R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 W A S T E M A N A G E M E N T C O M P L I A N C E G U I D E P R O G R A M 1 0 5 . 0 1

1.3 Applicability to Fisher Scientific The Michigan state regulations can be found in Michigan Administrative Regulations, Department of Environmental Quality: Waste Management Division (R 299), Hazardous Waste Management. The requirements for facilities that generate hazardous waste are found in Part 3: Generators of Hazardous Waste. As generators of hazardous waste, Fisher Scientific facilities are subject to the federal RCRA regulations as well as any applicable state regulations.

1.4 Registration As generators of hazardous waste, all Fisher Scientific facilities must register with the EPA as well as the MDEQ. Applications for EPA identification numbers shall be made on state form EQP5150, (http://www.deq.state.mi.us/documents/deq-wmd-hwp-EQP5150-Direction.pdf), and the facility must:

 List all the wastes generated on-site; and

 List all the hazardous waste activities (i.e., generator, transporter, and treatment, storage, or disposal).

Upon review of the form, MDEQ will assign an identification number to each facility. This identification number must be used on all correspondence with federal or state agencies, as well as on all labels, manifests, and regulatory reports.

The EPA ID number for this facility is: .

Effective October 1, 2002, requests for the initial issuance of a site identification number for hazardous waste activity are subject to a user charge of $50.00. The MDEQ will not issue a site identification number until the $50.00 user charge has been paid. To obtain a site identification number, submit the completed EQP5150 form and a $50.00 check made payable to "State of Michigan", indicate on the check "Site ID User Charge", and mail to:

MDEQ Office of Financial Management Revenue Control Unit PO BOX 30657 Lansing, MI 48909 Submit a subsequent notification if the site, at this physical location, has a Site Identification Number and wishes to make changes or update information pertaining to the facility (e.g., status change or remove/add a site activity, such as universal waste large quantity handler). A subsequent Site Identification Form EQP5150 should be completed and submitted to the MDEQ at:

Waste and Hazardous Materials Division MDEQ PO BOX 30241 Site Identification Unit Lansing, MI 48909-7741

2 WASTE IDENTIFICATION AND CLASSIFICATION 2.1 Universal Waste The state of Michigan definition of Universal Waste includes an electric lamp, mercury switch, mercury thermometer or a waste device which contains only elemental mercury as the hazardous waste constituent. Mercury switch, mercury thermometer and a waste device, which contains only elemental mercury, must be managed according the federal requirements for mercury thermostats. The State of Michigan has not prepared additional regulations.

If the universal wastes handler handles electric lamps, then all of the following additional requirements apply:

 The lamps shall not be crushed or broken.

 The lamps shall be managed in a manner that prevents breakage or the release of any universal waste or components of universal waste by containing unbroken lamps in structually sound packaging that is compatible with the contents of the lamps and will prevent breakage during normal handling conditions. The packaging shall remain closed and lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

All of the following shall be done with respect to a release of universal waste or components of a universal waste, including lamp fragments or residues, and all lamps that show evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment:

 The release of universal waste or components of a universal waste, including lamp fragments or residues, and all lamps that show evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment shall be immediately contained in packaging that is structurally sound and compatible with the contents of the lamps.

 A determination shall be made whether any of the materials resulting from the release or the lamps that show evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment are hazardous waste, and if the released materials or lamps are hazardous waste, the released materials shall be managed in accordance with the applicable requirements of the act and these rules.

The lamps or packaging in which the lamps are contained shall be labeled with the words "universal waste electric lamps," "waste electric lamps," or "used electric lamps."

2.2 Infectious/Medical Waste The state of Michigan defines medical waste as any of the following that are not generated from a household, a farm operation or other agricultural business, a home for the aged, or a home health care agency:

 Cultures and stocks of infectious agents and associated biologicals, including laboratory waste, biological production wastes, discarded live and attenuated vaccines, culture dishes, and related devices.

 Liquid human and animal waste, including blood and blood products and body fluids, but not including urine or materials stained with blood or body fluids.

 Pathological waste.

 Sharps (needles, syringes, scalpels, and intravenous tubing with needles attached).

 Contaminated wastes from animals that have been exposed to agents infectious to humans, these being primarily research animals.

A “Producing facility" means a facility that generates, stores, decontaminates, or incinerates medical waste. A producing facility that does not incinerate medical waste on-site shall do all of the following to contain medical waste:

 Package, contain, and locate medical waste in a manner that protects and prevents the medical waste from release at the producing facility or at any time before ultimate disposal.

 Separate the categories of medical waste at the point of origin into appropriate containers that are labeled as required.

 Label the containers with a biohazard symbol or the words "medical waste" or "pathological waste" in letters not less than 1 inch high.

 Do not compact or mix medical waste with other waste materials before decontamination, incineration, and disposal.

 If decontaminated medical waste is mixed with other solid waste, clearly label the container to indicate that it contains decontaminated medical waste.

 Store medical waste in such a manner that prevents putrefaction and also prevents infectious agents from coming in contact with the air or with individuals.

 If medical waste is stored outside of the producing facility, store the medical waste in a secured area or locked in a container that weighs more than 500 pounds and prevent access to the area or container by vermin or unauthorized individuals.

 Do not store medical waste on the premises of the producing facility for more than 90 days. The 90-day period for "storage" of medical waste shall begin when use of the storage container is initiated.

Sharps shall be disposed of by one of the following methods:

 Placement in rigid, puncture-resistant containers that are appropriately labeled and transported to a sanitary landfill in a manner that retains the integrity of the container.

 Incineration or decontamination and grinding that renders the objects unrecognizable. Ground sharps shall be placed in a sealed, rupture-resistant container and transported to a sanitary landfill.

 A process approved by the MDEQ.

Each producing facility shall register with the MDEQ on a form prescribed by the MDEQ. A producing facility that is not a health facility or agency shall submit the following registration fee of $75.00 with the registration form.

A producing facility shall have a written medical waste management plan on file on the premises within 90 days after registration. The medical waste management plan shall describe each of the following; to the extent the information is applicable to the producing facility:

 The types of medical waste handled.

 The segregation, packaging, labeling, and collection procedures used.

 The use and methods of on-site or off-site storage.

 The use and methods of on-site or off-site decontamination.

 The use of on-site or off-site inceration.

 The corporate or other legally recognized business name of solid waste haulers who transport medical waste for the producing facility.

 The use of sanitary landfills, cemeteries, and other disposal sites.

 The measures to minimize exposure of the facility's employees to infectious agents throughout the process of handling and disposing of the medical waste, including, where applicable, the use of protocols, procedures and training, personal protective devices and clothing, physical containment or isolation devices or systems, and prevention or control of aerosols.

 The name of the individual responsible for the management of the medical waste.

Each facility that produces medical waste shall provide instruction in the proper handling of medical waste according to the facility's medical waste management plan to its employees who generate

Rev. # 1 Effective Date: August 2004 App. 8-6 Michigan Revision Date: December 2004 Mandatory Discretionary  R E G U L A T O R Y A F F A I R S M A N U A L S E R I E S 1 0 0 W A S T E M A N A G E M E N T C O M P L I A N C E G U I D E P R O G R A M 1 0 5 . 0 1 and/or dispose of medical waste. More information on the medical waste program is available on- line or from MDEQ.

2.3 Used Oil Michigan has adopted the Federal definition of "used oil", which is "any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities” (40 CFR 279.1). Michigan does not have additional requirements for the management of used oil.

3 ON-SITE REQUIREMENTS All generators:

 The area where waste is accumulated must be protected, as appropriate for the type of waste being stored, from weather, fire, physical damage, and vandals.

 Hazardous waste accumulation must be conducted so that hazardous waste or hazardous waste constituents cannot escape by gravity into the soil, directly or indirectly, into surface or groundwaters.

Large Quantity Generator and Small Quantity Generators must comply with following state requirements:

 Each container of hazardous waste located in the hazardous waste storage area must be clearly marked with the hazardous waste number of the waste and the number must be visible for inspection. “Hazardous waste number" means the code number that is used to identify a particular type of hazardous waste.

Large Quantity Generators must comply with the following additional state requirement(s):

 Containers of hazardous waste located in a satellite accumulation area must be clearly marked with the hazardous waste number of the waste.

4 UNIFORM HAZARDOUS WASTE MANIFEST The generator shall submit one copy of the manifest to the MDEQ, which shall be postmarked not later than 10 days after the month in which shipment was made. For all out-of-state shipments, the generator shall submit one copy of the second generator copy of the manifest, which is returned to the generator by the facility, to the MDEQ within 10 days after the month in which the copy was received by the generator. Copies of all manifested waste shipments must be sent to:

MDEQ, Waste and Hazardous Materials Division, PO Box 30038, Lansing MI 48909-7538 A hazardous waste manifest tracking log is available on-line or from MDEQ.

The Michigan Manifest Tracking System (MMTS) (http://www.michigan.gov/deq/0,1607,7-135-3312- 10056--,00.html) is utilized to track hazardous wastes. The database details the name and physical address of the entity as well as the EPA ID number and a range of the volume of waste it generates (e.g., Large Quantity Generator). Subsequent links will provide information on manifests generated, primary information from the manifests as well as descriptions of specific waste codes. Instructions for filling out a Manifest Confirmation Form are also available on-line.

The State of Michigan charges for the printing, shipping and handling of Manifests. Manifests can be shipped via U.S. Postal Service (USPS) or United Parcel Service (UPS) Ground Service. There is a charge of $0.08 per manifest for the printing cost and a $1.00 handling charge for filling a request. Checks should be made payable to the "State of Michigan" and payments sent to:

DEQ, Waste and Hazardous Materials Division HWRP Manifest Unit P.O. Box 30241 Lansing, MI 48909-7741

5 RECORDKEEPING AND REPORTING 5.1 Recordkeeping A Large Quantity Generator who is requested by the MDEQ to submit evaluation results shall provide the required information within 30 days after receipt of the request. The records shall include all of the following information:

 The type of waste and the source or process from which it was produced.

 The chemical composition of the waste and the anticipated fluctuations in its chemical composition.

 If tests were conducted in the evaluation, all of the following information shall be included:

o The sampling procedure and the reasons for determining that the sample is representative

o The results of all tests conducted.

o The accuracy and precision of any tests conducted.

5.2 Reporting 5.2.1 Emergency Reports If there is a fire, explosion, or other release of hazardous waste or hazardous waste constituents that could threaten human health or the environment, or if the generator has knowledge that a spill has reached surface water or groundwater, then the generator shall immediately notify the MDEQ's pollution emergency alerting system at 800-292-4706. The notification shall include all of the following information:

 The name and telephone number of the person who is reporting the incident.

 The name, address, telephone number, and EPA identification number of the generator.

 The date, time, and type of incident.

 The name and quantity of the material or materials involved and released.

 The extent of injuries, if any.

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

 An assessment of actual or potential hazards to human health or the environment.

 The immediate response action taken.

Release reporting forms are available on-line or from MDEQ.

5.2.2 Biennial Reports A generator of more than 1,000 kilograms who ships any hazardous waste off-site to a treatment, storage, or disposal facility within the United States shall prepare and submit a single copy of a biennial report to the MDEQ by March 1 of each even numbered year. The biennial report shall be submitted on a form and in a format specified by the MDEQ, and should include the following information:

 The EPA ID number, name, and address of the generator;  The calendar year(s) covered by the report;  The EPA ID number, name, and address for each off-site TSDF to which waste was shipped during the year;  The name and EPA ID number of each transporter used during the reporting year;  A description, EPA hazardous waste number, DOT hazard class, and quantity of each hazardous waste shipped offsite. This information must be listed by EPA ID number of each off-site facility to which waste was shipped;  The certification signed by the generator's authorized representative; and  A description of efforts undertaken during the year to reduce the volume and toxicity of the waste generated. A facility that operated as a LQG at any time during a reporting calendar year should receive a pre- populated Hazardous Waste Report by February 16 of the following year. If the facility does not receive the form, contact the MDEQ at 517-335-5318. Do not submit the Hazardous Waste Report for sites located in Michigan on U.S. Environmental Protection Agency forms.

5.2.3 Exception Reports If a Large Quantity Generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter, then the generator shall submit an exception report to the MDEQ, and the EPA regional administrator for the region in which the generator is located.

A Small Quantity Generator must file a Modified Exception Report to the MDEQ and the EPA Regional administrator if the signed manifest is not received within 60 days after initial transport.

Exception reports must contain:

 A legible copy of the manifest for which the generator has not received TSDF confirmation; and  A cover letter signed by an authorized agent of the generator detailing efforts taken to locate the waste and the results of those efforts. Before filing an exception report, it is important to first determine that the waste arrived and was managed properly at the TSDF. If that is so, and if the failure to receive a TSDF signed copy was a clerical error, obtain a letter to that effect and the manifest form itself, if it can be located. The generator is still required to submit the Exception Report, noting in the cover letter that the shipment arrived and the manifest was lost. In addition, if a facility other than the designated or alternate facility returns the manifest, an Exception Report must be filed.

5.2.4 Annual Charges The handler user charges will be assessed and collected once each year. The first assessment of the handler user charges was sent to handlers by February 28, 2003. The annual handler user charges are as follows:

 Small Quantity Generator (generated more than 100 kg but less than 1,000 kg in any month): $100.00.  Large Quantity Generator (generated 1,000 kg or more in any month; less than 900,000 kg in the calendar year): $400.00.  Very Large Quantity Generator (generated 900,000 kg or more in the calendar year): $1,000.00. The handler user charges are based on previous calendar year activity. The MDEQ will use manifest, monthly operating report, biennial report, and site identification information in the Waste Data System (WDS) to calculate the annual handler user charges.

Note that the determination of whether the small quantity or large quantity generation user charge applies rests on the highest level of activity in any one month during the calendar year. For example, a handler who was a large quantity generator in one month and then a small quantity generator for the other eleven months would be assessed the large quantity generation user charge of $400.00 for that year.

The manifest processing user charge will be assessed and collected once each year. The first assessment of the manifest processing user charge was sent to handlers by February 28, 2004 for manifests processed during the fiscal year ending September 30, 2003. The MDEQ has set the manifest processing user charge at $6.00 per manifest.

The MDEQ will send assessments for the handler and manifest processing user charges to each hazardous waste handler by February 28 of each year. The annual user charges assessment form that will be sent to each handler will include an itemized statement of the user charges and the basis for them. The handler will be required to make any necessary corrections and to certify that the information on the form is accurate. The certified form and appropriate payment must be submitted to the MDEQ by April 30 of each year. For more information see “Hazardous Waste User Charges” available on-line or from MDEQ.

The signed invoice, check and forms should be submitted via US Mail to:

MDEQ, Office of Financial Management Revenue Control Unit PO Box 30657 Lansing, MI 48909-8157 Or via courier delivery to:

MDEQ, Office of Financial Management Revenue Control Unit 525 West Allegan Lansing, MI 48933

Rev. # 1 Effective Date: August 2004 App. 8-12 Michigan Revision Date: December 2004 Mandatory Discretionary 