![]() That are abandoned, burned, incinerated or recycled, or materials thatĪre accumulated before being abandoned, burned, incinerated or recycled. To be a "hazardous waste" the material must first be a "waste."Īlthough not defined in Part 111, "waste" is defined at length in theĪ "waste" is basically any "discarded material," including materials Does an exemption apply to exclude the material from regulation?.In order to determine whether a material is regulated as a hazardous waste, follow this progression: Issue of identifying what are, and are not, regulated "wastes" and The first part of the regulations, however, deal with the complex Operators of treatment, storage and disposal facilities (TSDFs). Hazardous waste (1) generators, (2) transporters, and (3) owners or Accordingly, there are regulations covering Part 111 regulates by statusĪnd waste-handling activity. Through their final treatment or disposal. Hazardous wastes by regulating hazardous wastes from their generation Part 111 is intended to provide cradle-to-grave management of ![]() State laws and regulations are amended to stay consistent with federal The initial authorization has been updated several times since then as Referred to as "Part 111." EPA gave Michigan initial authorization toĪdminister the hazardous waste program effective October 30, 1986. R 299.9101 et seq.īecause the law is found in Part 111 of NREPA, the law is often Michigan's hazardous waste law and regulations, closely track the federal program. Michigan's Hazardous Waste Law (Part 111 of NREPA) §4.3 ![]() Typically, but not always, DNRE follows such federal Letters, and other guidance are used to help interpret those Regulation is cited as the starting point, EPA regulatory preambles, Thus, in this chapter, while the Michigan In turn, RCRA regulations, case law and EPAĪdministrative guidance are often used to help interpret state ![]() Most state programs closely resemble RCRA or even adopt the RCRA These "authorized" state programs must be at least asĬomprehensive and as stringent as federal law. Implement their own hazardous waste laws and regulations "in lieu of"įederal law. Most states, including Michigan, have been authorized by EPA to With few exceptions, however, RCRA and the RCRA regulations do notĪctually apply in most states, including Michigan. (which is part of the Solid Waste Disposal Act), together with the RCRA regulations, which begin at 40 CFR 260. The foundation and model for hazardous waste law is the federal Resource Conservation and Recovery Act of 1976 (RCRA), et seq. The Federal Resource Conservation and Recovery Act (RCRA) §4.2 Information to spot the important issues. This chapter, however, should provide practitioners with enough Specialized, much of the discussion in this chapter is summary in Because the legal practice is so complex and Therefore focuses on hazardous waste issues as they apply to generators.įurther, most legal practitioners who deal with hazardous waste law do "Transporters," "disposal facilities," and other regulated entities areįar fewer in number and tend to be highly specialized. Or create the waste, which, in turn, triggers the regulatory process. Hazardous wastes include such diverse materials as waste solvents andĪcids, scrap metals, used oil, fuels, paints and coatings, buildingĭebris, pharmaceuticals, wastewaters, contaminated soil and groundwater,Īnd many other industrial and commercial wastes.īy far the greatest number of businesses and other entities regulatedĪre "generators" of hazardous waste, i.e., businesses that "generate" Transportation, and disposal of hazardous wastes to the cleanup ofĬontamination at sites where these activities have been conducted. Scope, regulating everything from the generation, storage, treatment, The interplay between Part 111 and Part 201 of NREPA §4.37įederal and Michigan laws dealing with hazardous wastes are broad in Applicability and General Requirements §4.36Ĭ. Licensed Treatment, Storage and Disposal Facilities, and Interim Status Facilitiesī. Conditionally Exempt Small Quantity Generators §4.32 Numbers, Manifesting and Shipping, and Recordkeeping §4.28ĭ. Training and Contingency Planning §4.27Ĭ. Requirements Applicable to Generators of Hazardous Wasteī. Mixture, Derived-From and Contained-In Rules §4.17 ![]() Potential New Rule Defining Solid Waste §4.16Ħ. Manufacturing Process Unit and Related Exemptions §4.14ĥ. Exemptions from the Definition of "Hazardous Waste": High Volume Low Toxicity Wastes §4.13ģ. Exemptions from the Definition of "Waste" §4.7ī. Michigan's Hazardous Waste Law (Part 111 of NREPA) §4.3ġ. The Federal Resource Conservation and Recovery Act (RCRA) §4.2ī. ![]()
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